Best Elder Law Lawyers in Bacoor
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Philippines Elder Law Legal Questions answered by Lawyers
Browse our 7 legal questions about Elder Law in Philippines and the lawyer answers, or ask your own questions for free.
- Who has the legal right to own a property: the one with the Tax Dec with the name of the deceased father (still not transferred by other claimants for 20 years) or the one with the copy of Deed of Absolute Sale of the property showing that it was sold by
- Based on the facts you provided, here’s a legal analysis comparing ownership rights between:A. The Heirs of the Deceased Father (name on the Tax Declaration),versusB. Your Side (Buyers who possess a Deed of Absolute Sale, paid real property taxes, planted trees, and occupied the land for over 20 years)Legal Principles to Consider1. Tax Declaration (Tax Dec)A Tax Declaration is not proof of ownership; it’s evidence of possession or a claim of ownership.The fact that it still bears the name of the deceased father means no formal transfer of title or succession has occurred.Tax Decs can support claims of ownership, but they don't override a valid deed or actual possession.2. Deed of Absolute Sale (DOAS)A DOAS is proof of a sale and an agreement to transfer ownership.If it is:Validly executed (signed, notarized, by someone with capacity),Relating to the same land in question,And if you have taken possession and paid taxes,then it is strong legal evidence of ownership, even if not yet registered.3. Payment of Real Property TaxesWhile not conclusive proof of ownership, consistent payment supports your claim of open and notorious possession and recognition by the State (LGU).4. Open, Continuous, Exclusive, and Notorious Possession (OCEN)Under the doctrine of extraordinary acquisitive prescription (under civil law, particularly in the Philippines Civil Code), if you have:Possessed the land publicly, peacefully, and in the concept of an owner,Continuously for over 30 years without need of title,then you may acquire ownership by prescription, even if the property is not yet titled.In ordinary prescription, 10 years with just title (like a DOAS) and good faith can suffice.5. Succession LawThe deceased’s heirs are co-owners by succession, but if they’ve taken no steps for 20 years to assert their rights, and the buyers have acted as owners, this may weaken their claim, especially under laches (failure to assert rights timely).Conclusion: Who Has the Stronger Legal Right?You (Buyers / Possessors) have the stronger legal claim if:The Deed of Absolute Sale is valid, showing sale from the deceased to your father.You have paid property taxes continuously.You’ve been in continuous, peaceful, public possession in the concept of an owner for more than 20 years.The other side never asserted their rights or disrupted your possession.If the property is unregistered, your case is even stronger, especially if prescription applies.What You Can Doverify:Validity of the DOAS.Whether prescription has been completed (based on exact years and possession facts).Apply for judicial confirmation of ownership (if Philippine jurisdiction), or start reconstitution and registration process under your name.Gather supporting proof:Tax receipts.Witness statements.Tree planting records or photos.Boundary surveys showing occupation.If you let us know which country this is (e.g., Philippines, Latin America, etc.), we can cite the specific laws that apply to your case.
- my mother want to revoke donation of properties to 2 grandchildren
- You can contact me on WhatsApp: +38970704335I can share my professional opinion to you.Regards,
- Will the youngest legal child receive all the beneficiaries of parents?
- Please contact me (text) via Viber +38970704335 I answer your question.Regards,Svetislav StojanoskiAttorney at law
About Elder Law in Bacoor, Philippines
Elder Law in Bacoor, Philippines deals with legal issues that specifically affect older adults. These issues can range from estate planning, guardianship, retirement planning, healthcare, and more. This area of law is essential for ensuring the protection and rights of the elderly in society.
Why You May Need a Lawyer
You may need a lawyer specializing in Elder Law in Bacoor, Philippines if you are facing issues related to estate planning, long-term care, government benefits, elder abuse, or any other legal matter concerning older adults. A lawyer can provide guidance, support, and representation to help you navigate through complex legal processes.
Local Laws Overview
In Bacoor, Philippines, specific laws and regulations govern aspects of Elder Law. Some key areas include provisions for retirement benefits, healthcare services for the elderly, protection against elder abuse, and more. It's crucial to understand these local laws to ensure compliance and protection for older adults.
Frequently Asked Questions
1. What are the important documents I need for estate planning?
Common documents for estate planning in Bacoor, Philippines include a will, power of attorney, healthcare directive, and living will.
2. How can I protect my elderly loved one from financial exploitation?
You can protect your loved one by creating a durable power of attorney, setting up safeguards for financial accounts, and being vigilant for signs of financial abuse.
3. Are there government benefits available for senior citizens in Bacoor?
Yes, senior citizens in Bacoor, Philippines are entitled to benefits such as social security pensions, healthcare subsidies, and discounts on goods and services.
4. What are the options for long-term care for the elderly in Bacoor?
Long-term care options in Bacoor include nursing homes, assisted living facilities, home care services, and senior day care centers.
5. How can I contest a will or trust in Bacoor, Philippines?
To contest a will or trust, you will need to hire a lawyer specializing in probate and estate litigation to help you navigate the legal process.
6. What is elder abuse and how can I report it?
Elder abuse includes physical, emotional, financial, or neglectful harm inflicted on older adults. You can report elder abuse to the local social services agency or the police for investigation.
7. How can I plan for incapacity in old age?
You can plan for incapacity by creating a durable power of attorney, appointing a healthcare proxy, and setting up a living will to outline your medical wishes.
8. Can I change my will or trust as I age?
Yes, you can update your will or trust at any time by consulting with a lawyer to make necessary changes or amendments.
9. What are the legal implications of joint ownership of property with adult children?
Joint ownership of property with adult children can have tax implications and affect estate planning. It's important to discuss these arrangements with a lawyer to understand the legal consequences.
10. How can I ensure my assets are protected for my heirs in Bacoor?
You can protect your assets for your heirs by creating a comprehensive estate plan, utilizing trusts, and consulting with a lawyer to minimize tax liabilities.
Additional Resources
For more information on Elder Law in Bacoor, Philippines, you can reach out to the Philippine Association of Elder Law Attorneys or the local Department of Social Welfare and Development for guidance and assistance.
Next Steps
If you require legal assistance in Elder Law matters in Bacoor, Philippines, it's recommended to schedule a consultation with a specialized lawyer who can assess your situation and provide tailored advice and representation to protect your rights and interests.
Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.