Best Elder Law Lawyers in Lipa City
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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 Lipa City, Philippines:
Elder Law in Lipa City, Philippines focuses on legal issues affecting senior citizens. This area of law covers a wide range of topics including estate planning, wills, trusts, guardianship, healthcare planning, and long-term care. It aims to protect the rights and interests of older adults and ensure they receive appropriate care and support.
Why You May Need a Lawyer:
You may need a lawyer specializing in Elder Law if you are facing legal issues related to estate planning, healthcare decisions, elder abuse, or long-term care. A lawyer can help you navigate complex legal matters, ensure your rights are protected, and provide expert advice on how to best handle your situation.
Local Laws Overview:
In Lipa City, Philippines, several laws are relevant to Elder Law, such as the Senior Citizens Act, which provides benefits and privileges to elderly individuals. The Family Code also addresses issues related to inheritance and property rights. It's important to understand these local laws when seeking legal advice in Elder Law.
Frequently Asked Questions:
1. What is elder abuse, and how can I protect myself or my loved ones?
Elder abuse refers to any form of mistreatment or harm inflicted on an older adult. To protect yourself or your loved ones, you can seek legal help to report abuse, access support services, and take legal action against perpetrators.
2. How can I plan for my future healthcare needs as an elderly individual?
You can create advance directives, such as a living will or healthcare power of attorney, to outline your healthcare preferences and designate someone to make decisions on your behalf if you become unable to do so.
3. What legal documents should I consider as part of my estate planning?
Important legal documents for estate planning include wills, trusts, powers of attorney, and healthcare directives. These documents help ensure your wishes are carried out and your assets are protected.
4. How can I choose the right long-term care option for myself or a family member?
A lawyer specializing in Elder Law can help you evaluate long-term care options, understand the implications of each choice, and ensure you receive appropriate care that meets your needs.
5. What are the benefits available to senior citizens under the Senior Citizens Act?
Benefits for senior citizens under the Senior Citizens Act may include discounts on goods and services, priority access to government services, and exemption from the value-added tax.
6. How can I challenge a decision related to guardianship or conservatorship?
If you believe a guardianship or conservatorship decision is not in the best interest of the elderly person, you can seek legal assistance to challenge the decision in court and advocate for a different outcome.
7. Are there legal resources available for older adults in need of social support?
Yes, there are legal resources, such as legal aid clinics or senior citizen organizations, that provide assistance to older adults in need of social support, legal advice, or advocacy.
8. Can I create a trust to protect my assets as an elderly individual?
Yes, you can create a trust to protect your assets and ensure they are managed according to your wishes. A lawyer specializing in Elder Law can help you set up a trust that meets your specific needs and goals.
9. How can I prevent elder financial exploitation and fraud?
To prevent elder financial exploitation and fraud, you can work with a lawyer to create legal safeguards, such as durable powers of attorney, and stay vigilant for signs of financial abuse or scams targeting older adults.
10. How can I find a qualified lawyer specializing in Elder Law in Lipa City, Philippines?
You can ask for referrals from trusted sources, such as family members, friends, or other professionals in the legal field. Additionally, you can contact the Integrated Bar of the Philippines - Lipa City Chapter for recommendations on qualified Elder Law attorneys in the area.
Additional Resources:
For additional resources and support related to Elder Law in Lipa City, Philippines, you can reach out to the Department of Social Welfare and Development (DSWD) or local senior citizen organizations like the Lipa City Senior Citizens Association.
Next Steps:
If you require legal assistance in Elder Law in Lipa City, Philippines, consider scheduling a consultation with a qualified lawyer specializing in this area. Be prepared to discuss your specific needs and concerns, and work with the lawyer to develop a plan of action that best protects your rights and interests as an elderly individual.
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.