Best Elder Law Lawyers in Makati City
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List of the best lawyers in Makati City, Philippines
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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
About Elder Law in Makati City, Philippines
Elder Law in Makati City, Philippines focuses on legal issues affecting the elderly population. It encompasses various areas such as estate planning, long-term care, guardianship, abuse and neglect, and social security benefits.
Why You May Need a Lawyer
There are several situations in which you may require legal help in Elder Law:
- Creating a comprehensive estate plan to ensure your assets are protected and distributed according to your wishes.
- Seeking guardianship for an elderly family member who is unable to make decisions on their own.
- Addressing instances of abuse, neglect, or financial exploitation of an elderly individual.
- Navigating the complexities of long-term care options and financing, such as Medicaid or insurance coverage.
- Understanding and maximizing social security benefits.
Local Laws Overview
Key aspects of local laws relevant to Elder Law in Makati City, Philippines include:
- The Republic Act No. 9994, or the Expanded Senior Citizens Act of 2010, which grants benefits and privileges to senior citizens.
- The Philippine Mental Health Law, which safeguards the mental wellbeing of all individuals, including the elderly.
- The Family Code of the Philippines, which covers legal provisions relating to marriage, support, property, and succession.
Frequently Asked Questions
1. Can I create a will to ensure my assets are distributed according to my wishes?
Yes, you can create a will to specify how your assets should be distributed after your passing. It is advisable to consult with a lawyer experienced in Elder Law to ensure your will is legally valid.
2. What should I do if I suspect elder abuse or neglect?
If you suspect elder abuse or neglect, you should report it to the local authorities or the Philippine National Police. Seeking legal advice from an Elder Law attorney can also help you take appropriate legal action.
3. How can a lawyer assist me with long-term care planning?
An Elder Law lawyer can guide you through the various long-term care options available, help you understand their financial implications, and assist in developing a plan that meets your specific needs.
4. Are there any benefits or privileges available for senior citizens in Makati City?
Yes, senior citizens in Makati City are entitled to benefits and privileges under the Expanded Senior Citizens Act of 2010. These include discounts on goods and services, priority in government services, and social pension programs.
5. Can an Elder Law attorney help me with my social security benefits?
Yes, an Elder Law attorney can help you understand the eligibility requirements and application process for social security benefits. They can also advocate on your behalf if your benefits are wrongfully denied or if you face any issues related to your benefits.
Additional Resources
Here are some resources that can be helpful for someone in need of legal advice regarding Elder Law:
- Makati City Social Welfare Department - Provides information and assistance for senior citizens.
- Integrated Bar of the Philippines (Makati Chapter) - Offers a directory of lawyers specializing in Elder Law.
- Department of Social Welfare and Development - Provides support programs and services for senior citizens.
Next Steps
If you require legal assistance in Elder Law, follow these next steps:
- Research and compile a list of Elder Law attorneys in Makati City.
- Schedule consultations with potential attorneys to discuss your specific needs and concerns.
- Select an attorney who has experience in Elder Law and with whom you feel comfortable working.
- Gather all relevant documents and information to facilitate your attorney's understanding of your case.
- Attend meetings and follow the advice provided by your attorney to address your legal issues effectively.
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.