Best Estate Planning Lawyers in Cavite City

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List of the best lawyers in Cavite City, Philippines

BAMA Law Firm

Cavite City, Philippines

Founded in 2000

50 people in their team

Tagalog

English

The FirmWe make law and business converge.The Bayot and Manlangit Law Firm is a boutique firm specializing in corporate, tax, and real estate cases. We have strategic linkages with key partners, who are themselves technical experts in the field of property management and tax accounting.The...

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Philippines Estate Planning Legal Questions answered by Lawyers

Browse our 4 legal questions about Estate Planning 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,
Estate settlement dispute: Different countries have distinct legal frameworks governing estate matters. In Ghana, estate duty is only levied after probate has been granted by the court. In cases where a property is willed to multiple individuals, consensus among all parties is required to dispose of their interests for a valid title transfer. However, if the property is bequeathed to a single person, that individual can freely dispose of their interest without additional complications. Regarding estate tax payment, it's prudent to ascertain the interested parties before property transfer to ensure proper title acquisition and avoid unnecessary expenses.

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About Estate Planning Law in Cavite City, Philippines

Estate planning refers to the process of arranging the management and disposal of one's assets and properties in anticipation of disability or death. In Cavite City, Philippines, estate planning involves the application of local laws and regulations that govern the transfer of wealth, properties, and other assets upon the death of an individual. Proper estate planning ensures that the wishes of the deceased are carried out, and their loved ones are properly provided for.

Why You May Need a Lawyer

While it is possible to create a basic estate plan without legal assistance, there are situations where consulting with an experienced estate planning lawyer in Cavite City, Philippines, is highly recommended. Some common scenarios where you may need a lawyer's help include:

If you have a large estate with complex assets and financial holdings
If you want to minimize tax liabilities for your heirs
If you have minor children and wish to establish guardianship
If you have blended families and require special provisions
If you want to protect your assets from potential creditors

Local Laws Overview

Understanding the local laws applicable to estate planning in Cavite City, Philippines is crucial. Here are some key aspects to consider:

Intestate Succession: If you pass away without a valid will, the intestate succession laws determine how your assets will be distributed among your heirs based on their degree of relationship to you.
Probate Process: When a person dies, their assets are typically transferred through a legal process called probate. Understanding the local probate laws and procedures is essential for estate planning.
Family Code: The Family Code of the Philippines governs the rules on succession, marriage, and property relations among family members, which can impact estate planning decisions.

Frequently Asked Questions

1. Can I create a legally binding will by myself?

Yes, you can create your own will; however, it is highly recommended to consult an estate planning lawyer to ensure that your will is properly drafted, valid, and compliant with local laws.

2. How can estate planning help minimize taxes for my heirs?

Estate planning strategies, such as gifting assets during your lifetime or establishing trusts, can help reduce the tax burden on your heirs. A lawyer can guide you through these options based on your specific situation.

3. What happens if I die without a will?

If you die without a valid will, the intestate succession laws of Cavite City, Philippines, will govern the distribution of your assets. This may lead to unintended consequences and delays in transferring your assets to your loved ones.

4. Can I change my estate plan after it has been created?

Yes, you can revise or update your estate plan as needed throughout your lifetime. Life events such as marriage, divorce, birth of children, or changes in financial circumstances may necessitate changes to your plan.

5. How can I protect my assets from potential creditors?

An estate planning lawyer can advise you on various strategies to protect your assets from potential creditors, such as establishing trusts or utilizing certain legal structures that provide asset protection benefits.

Additional Resources

National Committee on Legal Services: https://www.ncls.gov.ph/
Philippine Association of Estate Planning Professionals: https://www.paep.org.ph/

Next Steps

If you need legal assistance with estate planning in Cavite City, Philippines, the first step is to find a reputable estate planning lawyer. You can seek recommendations from friends, family, or professional organizations. Schedule a consultation to discuss your specific needs, and the lawyer will guide you through the process of creating a comprehensive estate plan that meets your goals and ensures the security of your loved ones.

Lawzana helps you find the best lawyers and law firms in Cavite City through a curated and pre-screened list of qualified legal professionals. Our platform offers rankings and detailed profiles of attorneys and law firms, allowing you to compare based on practice areas, including Estate Planning, experience, and client feedback. Each profile includes a description of the firm's areas of practice, client reviews, team members and partners, year of establishment, spoken languages, office locations, contact information, social media presence, and any published articles or resources. Most firms on our platform speak English and are experienced in both local and international legal matters. Get a quote from top-rated law firms in Cavite City, Philippines - quickly, securely, and without unnecessary hassle.

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.