Best Elder Law Lawyers in Cebu City

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List of the best lawyers in Cebu City, Philippines

Recososa Law Firm

Cebu City, Philippines

Founded in 2020

11 people in their team

www.facebook.com

English

Tagalog

All Specialization Law Firm & Notary Public located at the heart of Cebu City In IT Park Lahug. From Commercial Law, Labor Law, Immigration Law, Criminal Law such as Estafa, Cybercrime like Cyberlibel, Defamation, Fraud, Criminal Prosecution, Civil Law, Land Dispute, Land Registration,...

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OBO Law

Cebu City, Philippines

Founded in 2022

6 people in their team

English

Chinese

Tagalog

Ong Booc Ong & Associates Law Offices & Notary Public (OBO Law) - Excellence in Legal Services in Cebu City, PhilippinesAt OBO Law, we pride ourselves on our commitment to delivering comprehensive legal solutions tailored to meet the unique needs of each client. Located in the heart of Cebu...

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Philippines Elder Law Legal Questions answered by Lawyers

Browse our 8 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.
Confusion about who has right to sell deceased parents property: Contact me on WhatsApp: ++38970704335I can share my professional opinion with you.Best Regards,
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,

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About Elder Law in Cebu City, Philippines

Elder Law in Cebu City, Philippines, refers to the legal issues and concerns specifically related to older adults. This area of law covers a range of topics such as estate planning, long-term care, guardianship, retirement benefits, and elder abuse. The laws are designed to protect the rights and interests of senior citizens and ensure they are treated fairly in all legal matters.

Why You May Need a Lawyer

There are several situations where you may need a lawyer specializing in Elder Law in Cebu City. Some common reasons include planning for your estate, applying for government benefits, resolving disputes over wills or inheritances, and protecting elderly individuals from abuse or neglect. A lawyer can provide expert advice and legal representation to ensure your rights are protected.

Local Laws Overview

In Cebu City, Philippines, several key laws are particularly relevant to Elder Law. These include the Senior Citizens Act, which provides benefits and privileges to elderly individuals, the Family Code, which governs issues related to family relationships and inheritance, and the Anti-Abuse Law, which protects seniors from mistreatment and exploitation. Understanding these laws is essential for navigating legal issues affecting older adults in Cebu City.

Frequently Asked Questions

1. What is the legal age considered as a senior citizen in Cebu City?

In Cebu City, individuals who are 60 years old and above are considered senior citizens and are entitled to various benefits and privileges under the law.

2. How can I ensure my assets are protected as I age?

You can work with an Elder Law attorney to create an estate plan that outlines how your assets will be managed and distributed in the event of incapacity or death. This may include creating a will, establishing trusts, and designating powers of attorney.

3. What are the common types of elder abuse in Cebu City?

Common types of elder abuse in Cebu City include physical, emotional, financial, and neglect. If you suspect that an elderly loved one is being mistreated, it is essential to seek legal assistance immediately.

4. Can I receive government benefits as a senior citizen in Cebu City?

Yes, senior citizens in Cebu City are entitled to various government benefits, such as discounts on goods and services, social pensions, and healthcare assistance. An Elder Law attorney can help you navigate the process of applying for these benefits.

5. How can I ensure my healthcare wishes are followed as I age?

You can create an advance directive or living will with the help of an Elder Law attorney. This legal document outlines your healthcare preferences and appoints a healthcare proxy to make decisions on your behalf if you are unable to do so.

6. What is the process for appointing a legal guardian for an elderly person in Cebu City?

The process for appointing a legal guardian for an elderly person in Cebu City involves filing a petition with the court, providing evidence of the individual's incapacity, and attending a hearing to determine the best interests of the elderly person. An Elder Law attorney can guide you through this process.

7. How can I protect my elderly loved one from financial exploitation?

You can work with an Elder Law attorney to establish safeguards, such as powers of attorney, trusts, and financial monitoring, to protect your loved one's assets from exploitation and fraud.

8. What legal options do I have if I suspect elder abuse in a nursing home?

If you suspect elder abuse in a nursing home, you should report it to the appropriate authorities, such as the Department of Social Welfare and Development. You can also seek legal guidance from an Elder Law attorney to explore your options for holding the facility accountable.

9. Can I contest a will if I believe it is invalid or fraudulent?

Yes, you can contest a will in Cebu City if you have evidence that it is invalid or fraudulent. An Elder Law attorney can help you navigate the legal process of challenging a will and protecting your interests.

10. How can I find a reputable Elder Law attorney in Cebu City?

You can ask for recommendations from friends or family members, consult local bar associations, or search online directories for reputable Elder Law attorneys in Cebu City. It is essential to choose an attorney with experience and expertise in handling Elder Law cases.

Additional Resources

For more information and resources related to Elder Law in Cebu City, Philippines, you can contact the Integrated Bar of the Philippines - Cebu Chapter, the Department of Social Welfare and Development Region VII, or local organizations that support senior citizens' rights.

Next Steps

If you require legal assistance in Elder Law in Cebu City, Philippines, it is essential to consult with a qualified attorney specializing in this area. Schedule a consultation to discuss your concerns, explore your legal options, and receive personalized advice to protect your rights and interests as you or your loved one age.

Lawzana helps you find the best lawyers and law firms in Cebu 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 Cebu 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.