Best Elder Law Lawyers in Dasmarinas
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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
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- my mother want to revoke donation of properties to 2 grandchildren
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About Elder Law Law in Dasmarinas, Philippines:
Elder law in Dasmarinas, 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, elder abuse, and social security benefits.
Why You May Need a Lawyer:
You may need a lawyer specializing in elder law if you are dealing with issues such as planning for long-term care, creating a will or trust, applying for government benefits, or facing elder abuse or neglect. A lawyer can provide guidance and assistance in navigating complex legal matters that pertain to the elderly.
Local Laws Overview:
In Dasmarinas, Philippines, some key aspects of elder law include laws governing capacity and competency, healthcare decision-making, guardianship, and elder abuse prevention. It is important to consult with a lawyer who is familiar with the local laws and regulations to ensure your rights are protected.
Frequently Asked Questions:
1. What is the importance of estate planning for seniors?
Estate planning is crucial for seniors to ensure their assets are distributed according to their wishes and to avoid unnecessary taxes or legal disputes.
2. How can I protect myself from elder abuse?
You can protect yourself from elder abuse by knowing your rights, staying connected with trusted individuals, and seeking legal assistance if you suspect abuse.
3. What are the benefits of creating a living will?
A living will allows you to specify your healthcare preferences in advance, ensuring your wishes are honored if you are unable to make decisions in the future.
4. Can I appoint a legal guardian for myself in advance?
Yes, you can appoint a legal guardian through a power of attorney or advance directive to ensure your interests are protected in case of incapacity.
5. How can a lawyer help me apply for social security benefits?
A lawyer can assist you in navigating the complex application process for social security benefits and appealing denials if necessary.
6. What are the signs of financial exploitation of seniors?
Signs of financial exploitation may include sudden changes in financial status, unauthorized withdrawals, and changes in legal documents without the senior's knowledge.
7. How can I plan for long-term care as a senior?
You can plan for long-term care by exploring options such as long-term care insurance, Medicaid planning, and setting up trusts to protect your assets.
8. What is the difference between a will and a trust?
A will outlines how your assets will be distributed after your death, while a trust allows you to transfer assets to a designated trustee for the benefit of your beneficiaries during your lifetime and after you pass away.
9. What steps should I take if I suspect elder abuse?
If you suspect elder abuse, you should report it to the appropriate authorities, seek legal advice, and take steps to protect the senior from further harm.
10. How can I find a reputable lawyer specializing in elder law in Dasmarinas, Philippines?
You can ask for referrals from trusted sources, conduct online research, and schedule consultations with potential lawyers to find a reputable legal practitioner who can assist you with your elder law needs.
Additional Resources:
For additional resources and information on elder law in Dasmarinas, Philippines, you can contact the Department of Social Welfare and Development (DSWD) or consult with organizations such as the Integrated Bar of the Philippines (IBP) for legal assistance.
Next Steps:
If you require legal assistance in elder law matters in Dasmarinas, Philippines, it is advisable to schedule a consultation with a qualified lawyer who can assess your situation and provide guidance on the best course of action to protect your rights and interests.
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.