Best Elder Law Lawyers in Bulacan
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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 Bulacan, Philippines:
Elder Law in Bulacan, Philippines focuses on legal issues that affect older individuals and their families. This area of law covers a variety of topics such as estate planning, long-term care, guardianship, and healthcare decisions.
Why You May Need a Lawyer:
You may need a lawyer specializing in Elder Law if you are facing issues related to inheritance disputes, capacity assessments, elder abuse, or setting up advance directives. Having a lawyer can help navigate complex legal processes and ensure your rights are protected.
Local Laws Overview:
In Bulacan, Philippines, the key aspects of Elder Law include the Rules on Special Proceedings in the Family Court, the Senior Citizens Act, and the Magna Carta for Senior Citizens. These laws provide protections and benefits for older individuals in various aspects of their lives.
Frequently Asked Questions:
1. What is the importance of having a will in Bulacan, Philippines?
A will is essential in Bulacan, Philippines as it allows you to dictate how your assets will be distributed upon your death and ensure your wishes are followed.
2. How can I protect my elderly loved one from financial exploitation?
You can protect your elderly loved one from financial exploitation by setting up power of attorney, monitoring their financial accounts, and educating them about common scams.
3. What is the process of appointing a legal guardian for an elderly family member in Bulacan, Philippines?
The process of appointing a legal guardian involves filing a petition in court, providing evidence of the elderly person's incapacity, and going through a court hearing to determine the need for guardianship.
4. What are advance directives and why are they important?
Advance directives are legal documents that allow you to specify your healthcare preferences in advance. They are crucial as they ensure your wishes are followed in case you become unable to make decisions for yourself.
5. How can I qualify for benefits under the Senior Citizens Act in Bulacan, Philippines?
To qualify for benefits under the Senior Citizens Act, you must be a Filipino citizen aged 60 years and above, and meet the requirements set by the law.
6. What are the responsibilities of adult children towards their elderly parents in Bulacan, Philippines?
Adult children in Bulacan, Philippines are legally obligated to provide support and assistance to their elderly parents who are in need, according to the Family Code.
7. How can I contest a will in Bulacan, Philippines?
You can contest a will in Bulacan, Philippines by filing a petition in court, providing evidence of fraud, undue influence, or lack of capacity, and going through a court hearing to determine the validity of the will.
8. Can I be held responsible for my elderly parent's debts in Bulacan, Philippines?
In most cases, children are not responsible for their parent's debts in Bulacan, Philippines unless they have co-signed the debt or have joint accounts.
9. How can I report elder abuse in Bulacan, Philippines?
You can report elder abuse in Bulacan, Philippines by contacting the local authorities, the Department of Social Welfare and Development, or organizations such as the Coalition of Services of the Elderly.
10. What legal options do I have if my elderly parent is being neglected in a nursing home in Bulacan, Philippines?
If your elderly parent is being neglected in a nursing home, you can seek legal recourse by filing a complaint with the Department of Health, contacting a lawyer specializing in elder law, or exploring other avenues for legal action.
Additional Resources:
For further information and assistance in Elder Law matters, you may seek guidance from the Integrated Bar of the Philippines, the Philippine Association of Retired Persons, or the Department of Social Welfare and Development.
Next Steps:
If you require legal assistance in Elder Law in Bulacan, Philippines, it is advisable to consult with a lawyer specializing in this field. They can provide you with personalized guidance and representation to help navigate your legal issues effectively.
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.