Best Elder Law Lawyers in Santiago
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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 Santiago, Philippines:
Elder Law in Santiago, Philippines focuses on legal issues affecting older individuals, including estate planning, wills, trusts, healthcare directives, guardianship, and long-term care planning. It aims to protect the rights and interests of elderly individuals while ensuring their well-being and financial security.
Why You May Need a Lawyer:
There are several situations where you may need a lawyer specializing in Elder Law in Santiago, Philippines. These include drafting estate planning documents, navigating long-term care options, resolving disputes related to guardianship, protecting against elder abuse, and ensuring compliance with local laws affecting older individuals.
Local Laws Overview:
In Santiago, Philippines, key aspects of Elder Law include the Senior Citizens Act, which provides benefits and privileges to elderly individuals, and the Family Code, which governs inheritance rights and obligations. Additionally, there are specific regulations related to healthcare directives, guardianship, and elder abuse that are crucial for individuals seeking legal advice in Elder Law.
Frequently Asked Questions:
1. What is the legal age for senior citizenship in Santiago, Philippines?
The legal age for senior citizenship in Santiago, Philippines is 60 years old.
2. What are the benefits and privileges available to senior citizens in Santiago?
Senior citizens in Santiago, Philippines are entitled to discounts on goods and services, priority in government services, and exemption from the value-added tax (VAT).
3. How can I ensure my healthcare preferences are honored in Santiago, Philippines?
You can draft a healthcare directive or living will that outlines your medical wishes in advance, ensuring they are respected in case you are unable to communicate them later.
4. What are the legal requirements for drafting a will in Santiago, Philippines?
To create a valid will in Santiago, Philippines, you must be of sound mind, at least 18 years old, and the document must be in writing, signed by you and witnessed by at least two people.
5. How can I protect myself from elder abuse in Santiago, Philippines?
You can seek legal assistance to obtain a protective order, report abuse to the appropriate authorities, or create a legal document appointing a guardian to oversee your affairs and protect your interests.
6. Can I designate a guardian for myself in Santiago, Philippines?
Yes, you can designate a guardian for yourself through a legal document known as a power of attorney or healthcare proxy, enabling someone you trust to make decisions on your behalf if you become incapacitated.
7. How can I ensure my assets are distributed according to my wishes in Santiago, Philippines?
You can create a trust or draft a will that specifies how you want your assets to be distributed, ensuring your wishes are followed after your passing.
8. What legal options are available for long-term care planning in Santiago, Philippines?
You can explore long-term care insurance, Medicaid or other government programs, annuities, or setting up a trust to cover the costs of long-term care services.
9. What are the legal implications of not having an estate plan in Santiago, Philippines?
Without an estate plan, your assets may be subject to probate, where the court determines how they are distributed, potentially leading to disputes among family members or unintended beneficiaries inheriting your estate.
10. How can I find a reliable lawyer specializing in Elder Law in Santiago, Philippines?
You can ask for recommendations from friends or family, contact the Integrated Bar of the Philippines in Santiago for referrals, or search online directories for attorneys specializing in Elder Law.
Additional Resources:
For further information and assistance with Elder Law in Santiago, Philippines, you can contact the Department of Social Welfare and Development, the National Committee on Senior Citizens, or local legal aid organizations that offer services for elderly individuals.
Next Steps:
If you require legal assistance in Elder Law in Santiago, Philippines, schedule a consultation with a qualified attorney specializing in this field to discuss your specific needs and explore the options available to protect your rights and ensure your well-being as you age.
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.