Best Elder Law Lawyers in Iloilo City
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List of the best lawyers in Iloilo City, Philippines
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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 in Iloilo City, Philippines:
Elder Law in Iloilo City, Philippines is a specialized area of law that focuses on the legal needs of elderly individuals. This may include issues related to retirement, healthcare, long-term care, estate planning, and more. It is important for elderly individuals and their families to seek legal advice in order to protect their rights and navigate the complex legal system.
Why You May Need a Lawyer:
You may need a lawyer specializing in Elder Law in Iloilo City, Philippines in situations such as:
- Estate planning, including wills, trusts, and probate
- Long-term care planning, such as nursing home or assisted living arrangements
- Guardianship and conservatorship issues
- Social security and retirement benefits
- Medicare and Medicaid planning
Local Laws Overview:
In Iloilo City, Philippines, the legal framework for Elder Law is influenced by the Family Code, Civil Code, and relevant government regulations. Key aspects to consider include:
- Rights of elderly individuals
- Healthcare and long-term care options
- Inheritance and estate planning
- Guardianship and conservatorship laws
Frequently Asked Questions:
Q: What is the legal age for elderly individuals in Iloilo City, Philippines?
A: The legal age for elderly individuals in Iloilo City, Philippines is typically considered to be 60 years old and above.
Q: How can a lawyer help with estate planning for elderly individuals?
A: A lawyer specializing in Elder Law can help elderly individuals draft wills, establish trusts, and navigate the probate process to ensure their assets are distributed according to their wishes.
Q: What are the options for long-term care planning in Iloilo City, Philippines?
A: Long-term care planning options in Iloilo City, Philippines may include nursing home care, assisted living facilities, home healthcare services, and government assistance programs like Medicaid.
Q: How can a lawyer assist with guardianship and conservatorship issues?
A: A lawyer can help elderly individuals establish guardianship or conservatorship arrangements to protect their legal rights and ensure their best interests are represented in matters of decision-making.
Q: What are the key benefits of social security and retirement benefits for elderly individuals?
A: Social security and retirement benefits provide financial stability for elderly individuals during their retirement years, covering expenses such as healthcare, housing, and daily living costs.
Q: How can Medicare and Medicaid planning benefit elderly individuals?
A: Medicare and Medicaid planning can help elderly individuals access affordable healthcare services, cover medical expenses, and navigate the complexities of government healthcare programs.
Q: What legal protections are available for elderly individuals against abuse and exploitation?
A: Legal protections against elderly abuse and exploitation include criminal penalties for perpetrators, civil remedies for victims, and support services from government agencies and non-profit organizations.
Q: How can a lawyer assist with drafting advance directives and healthcare proxies?
A: A lawyer can help elderly individuals establish advance directives, such as living wills and healthcare proxies, to outline their wishes for medical treatments and appoint trusted individuals to make healthcare decisions on their behalf.
Q: What are the options for resolving disputes related to elder abuse or neglect?
A: Options for resolving disputes related to elder abuse or neglect may include filing a complaint with the appropriate government agencies, seeking legal assistance to pursue civil remedies, or reporting the abuse to law enforcement authorities.
Q: How can a lawyer help with navigating complex legal issues related to Elder Law in Iloilo City, Philippines?
A: A lawyer specializing in Elder Law can provide legal advice, represent elderly individuals in legal proceedings, negotiate settlements, and advocate for their rights in matters related to retirement, healthcare, long-term care, and estate planning.
Additional Resources:
For additional resources related to Elder Law in Iloilo City, Philippines, consider contacting the Department of Social Welfare and Development (DSWD), the Iloilo City Office for Senior Citizens Affairs (OSCA), and local non-profit organizations like HelpAge Philippines.
Next Steps:
If you require legal assistance in Elder Law in Iloilo City, Philippines, it is advisable to consult with a qualified lawyer specializing in this area of law. Research reputable law firms, schedule consultations, and discuss your legal needs to determine the best course of action for protecting your rights and interests as an elderly individual or caregiver.
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.