Best Elder Law Lawyers in Binan
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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 Law in Binan, Philippines
Elder Law in Binan, Philippines primarily focuses on legal issues that affect older individuals, such as estate planning, guardianship, long-term care planning, and elder abuse. It encompasses a range of legal areas to ensure the protection and well-being of elderly individuals in society.
Why You May Need a Lawyer
You may need a lawyer specializing in Elder Law in Binan, Philippines in various situations, such as creating a will or estate plan, resolving disputes related to inheritance, planning for long-term care, navigating guardianship proceedings, or seeking legal protections against elder abuse and exploitation.
Local Laws Overview
In Binan, Philippines, key aspects of local laws relevant to Elder Law include the Family Code, which governs inheritance and succession, and the Senior Citizens Act, which provides for the protection and benefits of older individuals. Additionally, there are specific provisions in the Civil Code and other regulations that address issues related to elder rights and welfare.
Frequently Asked Questions
1. What is the importance of estate planning for seniors?
Estate planning allows seniors to determine how their assets will be distributed after their passing, ensuring their wishes are followed and minimizing potential conflicts among heirs.
2. How can I protect my elderly loved one from elder abuse?
You can protect your elderly loved one from elder abuse by being vigilant for signs of abuse, seeking legal protections through guardianship if necessary, and reporting any suspected abuse to authorities.
3. What is the process for appointing a legal guardian for an elderly individual?
The process for appointing a legal guardian involves petitioning the court, providing evidence of the elderly individual's incapacity, and demonstrating the need for a guardian to protect their interests.
4. Are there government programs available to assist seniors with long-term care planning?
Yes, there are government programs such as the Social Security System and PhilHealth that provide assistance for seniors with long-term care planning and healthcare expenses.
5. How can a lawyer help in resolving disputes over inheritance among family members?
A lawyer specializing in Elder Law can help mediate disputes over inheritance, provide legal guidance on relevant laws, and represent clients in court proceedings to resolve conflicts among family members.
6. What are the benefits of creating a living will and healthcare directive?
Creating a living will and healthcare directive allows seniors to specify their medical treatment preferences in advance and designate a trusted individual to make healthcare decisions on their behalf if they become incapacitated.
7. What rights do elderly individuals have under Philippine law?
Elderly individuals in the Philippines have rights to social services, healthcare, employment opportunities, and protection against discrimination and abuse under laws such as the Senior Citizens Act and the Expanded Senior Citizens Act.
8. How can I report elder abuse or exploitation to authorities?
You can report elder abuse or exploitation to the local social welfare office, the police, or the Department of Justice for investigation and intervention to protect the elderly individual from harm.
9. Can a lawyer help with drafting a power of attorney for an elderly individual?
Yes, a lawyer specializing in Elder Law can help draft a power of attorney document that designates a trusted individual to make legal, financial, or healthcare decisions on behalf of the elderly individual if they are unable to do so themselves.
10. What legal protections are available for seniors in Binan, Philippines?
Seniors in Binan, Philippines are entitled to legal protections under various laws, including provisions for healthcare, social services, elder abuse prevention, and financial assistance through programs administered by government agencies.
Additional Resources
For additional resources and support related to Elder Law in Binan, Philippines, you can contact the Department of Social Welfare and Development (DSWD), the Philippine National Police (PNP), the Office of Senior Citizen Affairs (OSCA), and local non-profit organizations that provide legal assistance and advocacy for elderly individuals.
Next Steps
If you require legal assistance in Elder Law in Binan, Philippines, it is advisable to seek out a qualified lawyer specializing in this area of law. You can schedule a consultation with a legal professional to discuss your specific concerns and explore options for resolving any legal issues affecting elderly individuals in your family or community.
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.