Best Estate Planning Lawyers in Dipolog City

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List of the best lawyers in Dipolog City, Philippines

Recososa Law Firm

30 minutes Free Consultation

Dipolog City, Philippines

Founded in 2020

11 people in their team

www.facebook.com

English

Tagalog

All Specialization Law Firm & Notary Public located at the heart of Cebu City In IT Park Lahug. From Commercial Law, Labor Law, Immigration Law, Criminal Law such as Estafa, Cybercrime like Cyberlibel, Defamation, Fraud, Criminal Prosecution, Civil Law, Land Dispute, Land Registration,...

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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 Dipolog City, Philippines

Estate planning in Dipolog City, like in the rest of the Philippines, involves the preparation of tasks that serve to manage an individual's asset base in the event of their incapacitation or death. It includes, but is not limited to, the bequest of assets to heirs and the settlement of estate taxes. The primary intent of estate planning is to ensure that beneficiaries receive assets in a way that minimizes estate taxes, court fees, and other expenses. In Dipolog City, estate planning is guided by national laws, with local legal professionals available to help tailor your plan according to your needs.

Why You May Need a Lawyer

There are several situations where having a lawyer can be invaluable in estate planning:

- You own a significant amount of assets or property that complicates your estate.

- You are uncertain about how your assets will be distributed or the tax implications involved.

- You wish to include specific conditions and instructions within your will or trust.

- You need to appoint guardians for minor children or dependents.

- There's a desire to ensure continuity of a business after your passing.

- You are considering establishing a trust, either for charitable reasons or to ensure privacy.»

In such scenarios, a lawyer can offer professional advice, ensure all documentation is legally binding, and protect your intentions after your death.

Local Laws Overview

Estate planning within Dipolog City falls under national legislation, with several key aspects under the Civil Code of the Philippines and other relevant statutes:

- The "Intestate Succession" rules dictate how estates are distributed if a person dies without a will.

- The "Wills and Testamentary Dispositions" section provides guidelines about the validity of wills.

- Laws involving "Trusts" allow individuals to create trusts with specific provisions for beneficiaries.

- "Estate Taxes" must be settled before distribution, and understanding these taxes is essential in planning.

It is important to work with a local lawyer who understands the interplay of these national laws with local practices specific to Dipolog City.

Frequently Asked Questions

What is estate planning?

Estate planning involves arranging for the distribution of an individual's assets and responsibilities after their death or incapacitation. It aims to reduce uncertainties and assure beneficiaries receive their intended means effectively.

Do I need a will in the Philippines?

While not required, a will is advisable as it clearly outlines your wishes regarding asset distribution, making the process straightforward for your heirs.

What is the difference between a will and a trust?

A will is a legal document that specifies who receives your assets upon your death. A trust, on the other hand, can manage your assets during your lifetime and specify their distribution upon death, often providing better control and potential tax benefits.

Can I change my will?

Yes, you can change your will at any time provided you are mentally competent. It is recommended to review it periodically and after significant life changes.

What happens to my estate if I die without a will?

If you die without a will, your property will be distributed according to the rules of intestate succession under Philippine law, which may not align with your wishes.

How are estate taxes calculated?

Estate taxes in the Philippines are based on the net value of the estate. Consulting a lawyer or tax advisor can help ensure you understand potential liabilities and allowances.

Can I appoint a guardian for my children through my estate plan?

Yes, your estate plan can include naming guardians for your minor children in the event of your death or incapacitation.

Is it possible to exclude someone from my will?

You may exclude certain individuals from your will; however, forced heirship rules in the Philippines may require that certain relatives receive a portion of your estate.

How often should I update my estate plan?

You should review your estate plan every few years or whenever there is a significant life event such as marriage, divorce, birth, or a significant change in financial status.

Do I need a lawyer to create an estate plan?

While you can draft basic estate documents yourself, a lawyer can ensure the documents are compliant with local laws and truly reflect your wishes.

Additional Resources

Those seeking further assistance can contact the following resources in Dipolog City:

- The Integrated Bar of the Philippines Zamboanga del Norte Chapter: For local legal advice and attorney referrals.

- The Dipolog City Hall: For guidance on local governmental services related to estate matters.

- The Bureau of Internal Revenue (BIR): For inquiries on estate taxes and liabilities.

Additionally, legal clinics and seminars occasionally offered by local universities can serve as educational resources.

Next Steps

If you need legal assistance in estate planning, consider reaching out to a qualified legal professional in Dipolog City. They can provide tailored guidance specific to your needs. Here are the steps to follow:

1. Gather all relevant documents related to your assets and liabilities.

2. Create a list outlining your intentions for asset distribution.

3. Contact a local lawyer specializing in estate planning to discuss your situation and objectives.

4. Attend any consultations with an open mind and list of questions to maximize the benefit of your meeting.

This process will help ensure that your estate is organized according to your wishes and Philippine law requirements.

Lawzana helps you find the best lawyers and law firms in Dipolog 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 Dipolog 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.