Best Estate Planning Lawyers in Dumaguete

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List of the best lawyers in Dumaguete, Philippines

Recososa Law Firm

Dumaguete, 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 Dumaguete, Philippines

Estate planning in Dumaguete, Philippines, is the process of arranging for the systematic management, preservation, and distribution of your assets upon incapacity or death. It involves making legal documents and decisions concerning your property, finances, and other assets to ensure your wishes are fulfilled and your loved ones are properly taken care of. Estate planning may cover the creation of wills, trusts, powers of attorney, health care directives, and other legal documents in compliance with Philippine laws. This process helps to minimize legal complications, tax burdens, and family conflicts, and is guided by the Civil Code of the Philippines and related statutes.

Why You May Need a Lawyer

Estate planning is about more than just writing a will. There are various circumstances where having a lawyer’s assistance in Dumaguete is crucial. If you own property or businesses, have children or dependents, want to minimize inheritance taxes, or wish to set specific conditions for the transfer of your estate, a lawyer can provide tailored guidance. Legal assistance is especially important if your estate includes assets located both in the Philippines and abroad, if you need to clarify the status of your heirs, resolve issues regarding legitimacy or adoption, or if disputes among heirs are likely. Moreover, current laws on succession can be complex and are subject to specific restrictions and requirements that only a licensed legal professional can properly interpret and apply to your unique situation.

Local Laws Overview

Estate planning laws in Dumaguete follow national legal frameworks, particularly the Civil Code of the Philippines. Some key principles include:

Compulsory Heirs: By law, certain family members such as spouses, children, and, in some cases, parents, are entitled to fixed portions of your estate known as the legitime. You cannot completely disinherit these heirs except in very limited circumstances.
Wills: Wills must be created in a manner prescribed by Philippine law to be valid, either as a notarial will (requiring witnesses and notarization) or a holographic will (handwritten, dated, and signed by the testator).
Estate Tax: An estate tax must be paid before properties can be properly transferred to heirs. The current estate tax rate is a flat 6 percent, with some deductions allowed.
Intestate Succession: If a person dies without a will, the law sets rules on how the estate will be distributed among legitimate and illegitimate heirs.
Trusts and Donations: Setting up living trusts or making donations inter vivos can also be effective estate planning tools, but these have their own legal requirements and may have tax consequences.

Frequently Asked Questions

What is the purpose of estate planning?

Estate planning ensures that your assets are distributed according to your wishes after your death, minimizes taxes, and avoids potential conflicts among heirs.

Do I need a will if I have few assets?

A will is helpful regardless of the size of your estate. It clarifies your wishes, simplifies legal processes, and can prevent disputes among family members.

Who are considered compulsory heirs in the Philippines?

Compulsory heirs include legitimate children and descendants, legitimate parents and ascendants, surviving spouse, and recognized illegitimate children, each with a share reserved by law.

Can I disinherit a child or spouse?

Disinheritance is only possible in exceptional cases specified by law, such as certain acts of violence or legal unworthiness, and must be stated explicitly in a valid will.

What happens if I die without a will?

Your estate will be divided among your heirs following the default rules of intestate succession, which may not align with your personal preferences.

Is estate tax always required when someone passes away?

Yes, an estate tax return must be filed for estates exceeding a certain value. Payment of estate tax is required before assets can be transferred to heirs.

Can foreign nationals own property and include it in their Philippine will?

Foreign nationals are generally restricted from owning land, but they may own buildings, condominium units, or personal assets. These can be included in a Philippine will in accordance with relevant laws.

What is a notarial will in the Philippines?

A notarial will is a typewritten will signed by the testator and witnesses before a notary public, following strict formalities to ensure validity.

Are trusts commonly used in estate planning in Dumaguete?

While not as common as wills, trusts are used to manage or transfer property during a person’s lifetime or after death, providing added privacy and flexibility.

How can I update my estate plan?

You can revise or revoke your will or trust at any time, as long as you are of sound mind. It is advisable to consult a lawyer to ensure changes comply with legal requirements.

Additional Resources

For further assistance in Dumaguete, the following resources and entities can provide information or help:

Integrated Bar of the Philippines - Negros Oriental Chapter: Offers legal aid and maintains a roster of practicing lawyers specializing in estate planning.
Register of Deeds - Dumaguete City: Handles real estate document registration and transfers, essential in estate settlements.
Bureau of Internal Revenue (BIR) - Dumaguete City: Provides guidelines and assessment for the payment of estate tax and processing of tax clearances required for property transfers.
Public Attorney’s Office (PAO): Offers free legal help to qualified individuals on estate settlement matters.
Local law offices: Many firms in Dumaguete provide consultations and document preparation tailored to your estate needs.

Next Steps

If you are considering estate planning in Dumaguete, here are recommended actions to take:

List your properties and assets, and note your intended heirs.
Think about your goals, including any specific instructions or charitable gifts you want to include.
Schedule a consultation with a local lawyer experienced in estate planning to discuss your objectives and get professional advice tailored to your situation.
Gather necessary documents such as property titles, identification, existing wills, or business registrations to expedite legal preparation.
Review any estate tax obligations or required filings to avoid penalties or complications for your heirs.
Keep your estate plan updated as your circumstances or family relationships change.
Communicate your plans with your family to reduce the risk of disputes and confusion later on.

Starting your estate plan now can secure your legacy and provide peace of mind knowing that your wishes will be honored and your family will be protected in the future.

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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.