Best Elder Law Lawyers in Pasay
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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 Pasay, Philippines
Elder Law in Pasay, Philippines is a specialized area of legal practice that focuses on the unique needs and rights of elderly individuals. This branch of law covers a wide range of issues such as estate planning, wills, trusts, guardianship, social security, Medicare, and long-term care planning.
Why You May Need a Lawyer
There are several situations where you may need the assistance of a lawyer specializing in Elder Law in Pasay, Philippines. Some common reasons include drafting a will or living will, setting up a trust, applying for government benefits, or facing issues related to nursing home abuse or neglect.
Local Laws Overview
In Pasay, Philippines, the laws related to Elder Law are designed to protect and safeguard the rights of elderly individuals. These laws cover areas such as healthcare, housing, financial planning, and social services to ensure that senior citizens are treated with dignity and respect.
Frequently Asked Questions
1. What are the key aspects of estate planning for elderly individuals?
Estate planning for elderly individuals may include creating a will, setting up a trust, appointing a power of attorney, and making end-of-life decisions.
2. What government benefits are available for seniors in Pasay, Philippines?
Seniors in Pasay, Philippines may be eligible for benefits such as social security, Medicare, Medicaid, and housing assistance.
3. How can I protect myself against elder abuse?
You can protect yourself against elder abuse by staying informed about your rights, being cautious of financial scams, and seeking legal help if you suspect abuse.
4. How can I plan for long-term care as an elderly individual?
You can plan for long-term care by considering options such as home care, assisted living, or nursing home care, and exploring financial strategies to cover these expenses.
5. What is guardianship and when is it necessary for elderly individuals?
Guardianship is a legal arrangement where a court appoints a guardian to make decisions for an elderly individual who is no longer able to make decisions for themselves. It may be necessary when someone is incapacitated or deemed incompetent.
6. How can I ensure that my assets are protected for my heirs?
You can ensure that your assets are protected for your heirs by creating a comprehensive estate plan that includes a will, trust, and other mechanisms to distribute your assets according to your wishes.
7. What steps should I take if I suspect nursing home abuse or neglect?
If you suspect nursing home abuse or neglect, you should document any signs of abuse, report your concerns to the facility's management, and seek legal assistance to protect your rights and hold the responsible parties accountable.
8. How can a lawyer help me with Elder Law matters in Pasay, Philippines?
A lawyer specializing in Elder Law can provide legal advice, draft legal documents, represent you in court, and help you navigate the complexities of Elder Law to protect your rights and interests.
9. What is the role of a power of attorney in Elder Law?
A power of attorney is a legal document that grants someone the authority to make decisions on your behalf. In Elder Law, a power of attorney can be used to designate someone to handle your financial or healthcare matters if you become incapacitated.
10. How can I find a reputable Elder Law lawyer in Pasay, Philippines?
You can find a reputable Elder Law lawyer in Pasay, Philippines by asking for recommendations from friends or family, checking online reviews, and consulting with local bar associations or legal aid organizations for referrals.
Additional Resources
For additional resources and information related to Elder Law in Pasay, Philippines, you can contact the Philippine Association of Retired Persons (PARE) or the Pasay City Senior Citizen Affairs Office for assistance and guidance.
Next Steps
If you require legal assistance in Elder Law matters in Pasay, Philippines, the next step is to schedule a consultation with a qualified Elder Law lawyer who can evaluate your situation, provide legal advice, and help you navigate the complexities of Elder Law 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.