Best Elder Law Lawyers in Cavite City

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List of the best lawyers in Cavite City, Philippines

BAMA Law Firm

Cavite City, Philippines

Founded in 2000

50 people in their team

Tagalog

English

The FirmWe make law and business converge.The Bayot and Manlangit Law Firm is a boutique firm specializing in corporate, tax, and real estate cases. We have strategic linkages with key partners, who are themselves technical experts in the field of property management and tax accounting.The...

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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

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About Elder Law in Cavite City, Philippines

Elder Law focuses on legal issues that affect older adults and senior citizens. It deals with various aspects such as estate planning, healthcare, guardianship, long-term care, and protection against abuse, neglect, or exploitation. In Cavite City, Philippines, Elder Law aims to provide legal assistance and protection for the elderly population.

Why You May Need a Lawyer

There are several situations where you may require legal help in Elder Law:

Creating a comprehensive estate plan to ensure the smooth distribution of assets and minimize taxes.
Appointing a legal guardian to make decisions for an elderly person who is no longer capable of making their own decisions.
Protecting the rights of the elderly against abuse, neglect, or exploitation.
Navigating long-term care options and understanding the legal implications.
Understanding and applying for government benefits and programs available to senior citizens.

Local Laws Overview

In Cavite City, Philippines, there are several key aspects of local laws that are particularly relevant to Elder Law:

The Senior Citizens Act (Republic Act No. 9994) provides benefits and privileges to elderly individuals, such as discounts on purchases and access to healthcare services.
The Family Code of the Philippines governs matters related to marriage, property, and inheritance.
The Elderly Abuse and Neglect Act (Republic Act No. 7432) protects the elderly from physical, emotional, and financial abuse or neglect.

Frequently Asked Questions

1. What does estate planning involve?

Estate planning involves creating essential legal documents, such as wills, trusts, and powers of attorney, to determine how your assets will be distributed and managed upon your death or incapacitation.

2. How can I protect my elderly family member from abuse?

If you suspect abuse or neglect, you should report it to the local authorities or the City Social Welfare and Development Office. They will investigate the situation and take appropriate action to protect your elderly family member.

3. What benefits are available for senior citizens in Cavite City?

Under the Senior Citizens Act, senior citizens in Cavite City are entitled to various benefits and privileges, including healthcare benefits, discounts on essential goods and services, and priority in government services.

4. How can I choose the right long-term care option for my elderly loved one?

Consulting with a lawyer specializing in Elder Law can help you understand the legal aspects of different long-term care options and guide you in making an informed decision based on your loved one's specific needs and circumstances.

5. Can I contest a will if I believe it was made under undue influence?

Yes, you can contest a will if you believe it was made under undue influence, fraud, or lack of capacity. It is advisable to seek legal help to navigate the complex legal process involved in contesting a will.

Additional Resources

For further assistance and resources related to Elder Law in Cavite City, Philippines, consider reaching out to the following:

City Social Welfare and Development Office: They can provide information on programs and services available for senior citizens in Cavite City.
Integrated Bar of the Philippines - Cavite City Chapter: They can help connect you with lawyers specializing in Elder Law who can provide legal advice and representation.

Next Steps

If you need legal assistance in Elder Law in Cavite City, Philippines, consider taking the following steps:

Gather all relevant documents and information pertaining to your situation.
Research and identify lawyers specializing in Elder Law in Cavite City.
Contact a lawyer for an initial consultation to discuss your specific needs and concerns.
Prepare any necessary documentation and provide them to your chosen lawyer.
Follow your lawyer's guidance and advice throughout the legal process.

Lawzana helps you find the best lawyers and law firms in Cavite City through a curated and pre-screened list of qualified legal professionals. Our platform offers rankings and detailed profiles of attorneys and law firms, allowing you to compare based on practice areas, including Elder Law, experience, and client feedback. Each profile includes a description of the firm's areas of practice, client reviews, team members and partners, year of establishment, spoken languages, office locations, contact information, social media presence, and any published articles or resources. Most firms on our platform speak English and are experienced in both local and international legal matters. Get a quote from top-rated law firms in Cavite City, Philippines - quickly, securely, and without unnecessary hassle.

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.