Best Elder Law Lawyers in Paranaque City
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List of the best lawyers in Paranaque 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 Paranaque City, Philippines
Elder Law in Paranaque City, Philippines, pertains to legal issues affecting older individuals, such as estate planning, long-term care, guardianship, and elder abuse. This branch of law focuses on protecting the rights and welfare of elderly citizens.
Why You May Need a Lawyer
You may need a lawyer specializing in Elder Law in Paranaque City, Philippines, if you are facing issues such as drafting a will, creating a trust, applying for government benefits, or navigating nursing home regulations. A lawyer can provide guidance and ensure your rights are protected.
Local Laws Overview
In Paranaque City, Philippines, key aspects of Elder Law include the Senior Citizen's Act, which grants benefits and privileges to elderly residents. Additionally, there are regulations governing elder abuse, inheritance, and healthcare decision-making for seniors.
Frequently Asked Questions
1. What is the process for creating a will in Paranaque City?
Creating a will in Paranaque City involves drafting a document that outlines how your assets will be distributed upon your death. It is advisable to seek legal assistance to ensure your will is valid and meets all legal requirements.
2. How can I protect my elderly loved one from financial exploitation?
To protect your elderly loved one from financial exploitation, you can create a power of attorney, set up a trust, or seek legal remedies if exploitation has occurred. Consulting with an Elder Law attorney can help you take appropriate measures.
3. What government benefits are available for seniors in Paranaque City?
Seniors in Paranaque City may be eligible for benefits such as social security, Medicare, and pension plans. An Elder Law attorney can assist you in navigating the application process and maximizing the benefits available to you.
4. How can I plan for long-term care for myself or my elderly family member?
Planning for long-term care involves considering options such as nursing homes, assisted living facilities, and in-home care. An Elder Law attorney can help you understand the costs and legal implications of each option and create a plan that meets your needs.
5. What rights do seniors have in Paranaque City regarding healthcare decisions?
Seniors in Paranaque City have the right to make decisions about their healthcare, including choosing their medical treatments and appointing a healthcare proxy. An Elder Law attorney can help you understand your rights and create advance directives to ensure your wishes are honored.
6. How can I contest a will in Paranaque City?
To contest a will in Paranaque City, you must have legal standing and valid reasons for challenging the document. Consulting with an Elder Law attorney can help you navigate the legal process and protect your rights.
7. What are the signs of elder abuse in Paranaque City?
Signs of elder abuse in Paranaque City may include unexplained injuries, sudden changes in financial status, and emotional withdrawal. If you suspect elder abuse, you should report it to the authorities and seek legal assistance to protect the victim.
8. How can I ensure my estate is properly managed after my death?
To ensure your estate is managed according to your wishes after your death, you can create a trust, appoint an executor, and update your estate plan regularly. An Elder Law attorney can help you create a comprehensive estate plan that protects your assets and beneficiaries.
9. Can I challenge a guardianship decision in Paranaque City?
You can challenge a guardianship decision in Paranaque City if you believe the appointed guardian is unfit or the decision was made improperly. Consulting with an Elder Law attorney can help you understand your legal rights and options for contesting the guardianship.
10. How can I find a reputable Elder Law attorney in Paranaque City?
You can find a reputable Elder Law attorney in Paranaque City by asking for recommendations from friends or family members, contacting local bar associations, or researching online directories. It is essential to choose an attorney with experience in Elder Law and a track record of success in handling similar cases.
Additional Resources
For more information on Elder Law in Paranaque City, you can contact the Department of Social Welfare and Development, the Paranaque City Office for Senior Citizens Affairs, or local nonprofit organizations dedicated to elder advocacy.
Next Steps
If you require legal assistance in Elder Law in Paranaque City, Philippines, it is advisable to schedule a consultation with an experienced attorney specializing in this field. Be prepared to discuss your specific situation and concerns, so the attorney can provide personalized guidance and support.
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.