Best Elder Law Lawyers in Batangas
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List of the best lawyers in Batangas, Philippines
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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 Batangas, Philippines
Elder Law in Batangas, Philippines focuses on legal issues that affect the elderly population. This area of law covers a wide range of topics including estate planning, long-term care planning, guardianship, and elder abuse. It is important for individuals in their later years to understand their rights and seek legal advice when necessary.
Why You May Need a Lawyer
There are several situations where you may need a lawyer specializing in Elder Law in Batangas, Philippines. Some common reasons include writing a will, creating a trust, planning for long-term care, applying for government benefits, and protecting yourself from elder abuse. A lawyer can help navigate complex legal issues and ensure that your rights are protected.
Local Laws Overview
In Batangas, Philippines, key aspects of local laws relevant to Elder Law include the Senior Citizens Act which provides benefits and privileges to elderly individuals, the Family Code which governs issues related to inheritance, and the Anti-Elder Abuse Act which protects seniors from physical, emotional, and financial abuse. It is important to be aware of these laws to ensure that your rights are upheld.
Frequently Asked Questions
1. What is the legal age to qualify as a senior citizen in Batangas, Philippines?
In Batangas, Philippines, individuals are considered senior citizens at the age of 60.
2. What benefits are available for senior citizens in Batangas?
Senior citizens in Batangas are entitled to discounts on goods and services, priority access to government services, and social pension benefits.
3. How can a lawyer help with estate planning for the elderly?
A lawyer can assist in drafting wills, creating trusts, and establishing powers of attorney to ensure that an individual's assets are distributed according to their wishes.
4. What is guardianship and when is it necessary?
Guardianship involves appointing a legal guardian to make decisions on behalf of an incapacitated elderly individual. This may be necessary when the individual is unable to make decisions for themselves due to illness or disability.
5. How can I protect myself from elder abuse?
A lawyer can help you understand your rights and legal options for protecting yourself from elder abuse, which may include physical, emotional, or financial abuse.
6. What government benefits are available for elderly individuals in Batangas?
Elderly individuals in Batangas may be eligible for social pension benefits, health insurance coverage, and other government assistance programs.
7. How can I plan for long-term care as a senior citizen?
A lawyer can help you navigate options for long-term care, including nursing homes, assisted living facilities, and home care services, to ensure that your needs are met as you age.
8. What legal documents should seniors have in place?
Seniors should have a will, a power of attorney, a healthcare directive, and a living will in place to ensure that their wishes are carried out in case of incapacity or death.
9. How can I challenge a will or trust as an elderly individual?
A lawyer can help you contest a will or trust if you believe that it is invalid due to lack of capacity, undue influence, fraud, or other legal grounds.
10. How do I report elder abuse in Batangas, Philippines?
If you suspect elder abuse, you can report it to the local authorities, the Department of Social Welfare and Development, or seek assistance from a lawyer specializing in Elder Law.
Additional Resources
For additional resources related to Elder Law in Batangas, Philippines, you can contact the Philippine Association of Retired Persons (PARE), the Department of Social Welfare and Development (DSWD), and the Integrated Bar of the Philippines (IBP) for referrals to qualified lawyers.
Next Steps
If you require legal assistance in Elder Law in Batangas, Philippines, it is important to consult with a qualified lawyer who specializes in this area of law. They can provide personalized advice and guidance to ensure that your rights are protected and your legal needs are met. Schedule a consultation with a reputable Elder Law attorney to discuss your specific situation and seek the necessary legal assistance.
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.