Best Elder Law Lawyers in Trece Martires City
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List of the best lawyers in Trece Martires 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 Law in Trece Martires City, Philippines:
Elder Law in Trece Martires City, Philippines refers to the legal issues that affect the elderly population in the city. This can include matters related to estate planning, long-term care, healthcare, guardianship, and elder abuse. It is important for older individuals and their families to understand their rights and legal options when it comes to these issues.
Why You May Need a Lawyer:
You may need a lawyer specializing in Elder Law in Trece Martires City if you are facing issues such as creating a will, setting up a trust, navigating the complexities of Medicaid and Medicare, dealing with nursing home abuse, or establishing power of attorney. An attorney can provide guidance and support to ensure your rights are protected and your wishes are carried out.
Local Laws Overview:
In Trece Martires City, there are specific laws and regulations that govern elder care and protection. These may include provisions related to healthcare, guardianship, inheritance, and financial planning for seniors. It is important to be aware of these laws to ensure that you are complying with them and that your interests are being safeguarded.
Frequently Asked Questions:
1. What is the importance of having a will?
A will is a legal document that determines how your assets will be distributed after your death. Having a will ensures that your wishes are respected and can help prevent disputes among family members.
2. How can I protect my elderly loved one from nursing home abuse?
If you suspect that your elderly loved one is being abused in a nursing home, you should contact a lawyer specializing in elder law immediately. They can help you take legal action to protect your loved one and hold the abusers accountable.
3. What is guardianship and when is it necessary?
Guardianship is a legal arrangement where someone is appointed to make decisions on behalf of an incapacitated individual. It may be necessary if a senior is unable to make decisions for themselves due to physical or mental limitations.
4. How can I plan for long-term care expenses?
An elder law attorney can help you navigate the complexities of long-term care planning, including Medicaid eligibility, setting up trusts, and exploring other financial options to cover the costs of care.
5. What is the difference between Medicare and Medicaid?
Medicare is a federal health insurance program for individuals aged 65 and older, while Medicaid is a state and federal program that provides healthcare coverage for low-income individuals, including seniors.
6. How can I ensure that my elderly loved one's wishes are respected in terms of healthcare decisions?
An attorney can help your elderly loved one establish advance directives, such as a living will or healthcare power of attorney, to ensure that their wishes regarding medical treatment are carried out even if they are unable to communicate them.
7. What is elder abuse and how can it be prevented?
Elder abuse refers to any form of mistreatment that results in harm or loss to an elderly person. To prevent elder abuse, it is important to stay informed about the signs of abuse and take action if you suspect that an elderly individual is being mistreated.
8. What is the process of estate planning?
Estate planning involves creating a plan for how your assets will be distributed after your death. This may include creating a will, setting up trusts, designating beneficiaries, and minimizing estate taxes.
9. How can I protect my elderly loved one's assets from being exploited?
An attorney can help you establish safeguards, such as powers of attorney, to protect your elderly loved one's assets from being exploited by unscrupulous individuals or organizations.
10. How can I find a reputable elder law attorney in Trece Martires City?
You can start by asking for recommendations from friends, family, or healthcare professionals. You can also research online or contact local bar associations for referrals to qualified elder law attorneys in Trece Martires City.
Additional Resources:
For more information on Elder Law in Trece Martires City, you can visit the Department of Social Welfare and Development or the Office of Senior Citizens Affairs in the city. These organizations can provide guidance and support to seniors and their families in navigating legal issues affecting the elderly population.
Next Steps:
If you require legal assistance in Elder Law in Trece Martires City, Philippines, it is important to schedule a consultation with an experienced attorney specializing in this area. They can provide you with personalized advice and guidance to address your specific legal needs and ensure that your rights are protected.
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.