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List of the best lawyers in Imus, Philippines

Dagsaan Monterde Castillo Law and Notary Public (DMC LAW)

Imus, Philippines

Founded in 2022

5 people in their team

Tagalog

English

DAGSAAN MONTERDE CASTILLO LAWAt Dagsaan Monterde Castillo Law (DMC Law), we provide legal counsel across a comprehensive range of practice areas, serving individuals, families, and organizations throughout Luzon.Our firm is founded on the principles of professional diligence, integrity, and a...

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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 Imus, Philippines

Estate Planning Law in Imus, Philippines revolves around the creation and implementation of a plan for the management and disposal of one's estate during their lifetime and upon death. This includes the preparation of wills and testamentary dispositions, the establishment of trusts, the execution of life insurance policies, and other legal instruments designed to provide financial security to heirs and beneficiaries while minimizing tax liabilities. Estate Planning Law in Imus falls under the broader umbrella of Philippine Civil Code, Succession Law, and tax laws.

Why You May Need a Lawyer

There are many situations in which you may require the assistance of a legal professional in the field of Estate Planning. These include preparing your last will and testament, creating a living will, establishing trusts for your descendants, or setting up powers of attorney. Lawyers can help ensure that your estate planning documents are legally sound and meet your intended goals. They can also provide valuable advice on tax savings strategies and navigate the complexities of the Philippines' succession and tax laws when you are planning to pass your assets to your heirs.

Local Laws Overview

The Estate Planning Laws in Imus, like all other Philippine municipalities, are governed by the country's Civil Code, particularly Title III on Succession (Articles 774-869), and the National Internal Revenue Code. The Civil Code provisions cover matters such as successional rights, valid wills and testaments, legal and testamentary succession, and intestate succession. The National Internal Revenue Code, on the other hand, discusses estate tax implications. It is essential to seek legal counsel to understand these laws better and how they can impact your estate planning.

Frequently Asked Questions

1. Can I create a will on my own?

While one can technically create a will on their own, it is recommended to have it drafted by a lawyer to ensure its legal validity and alignment with your intent.

2. Do I need a lawyer to establish a trust?

Yes, creating a trust is a complicated legal process and requires the expertise of a lawyer to ensure it is set up correctly and legally valid.

3. What happens if I die without a will in Imus?

If you die intestate (without a will), your estate will be distributed following Philippines' succession laws, which typically favor direct, legitimate descendants. It may not reflect your personal wishes for your assets.

4. What is estate tax?

Estate tax is the tax levied on the net value of the estate of a deceased person before it gets transferred to the heirs. Your lawyer can guide you on possible legal means to minimize this.

5. Do I need to notarize my will?

In the Philippines, a will that's not notarized is considered as a holographic will. This is still legally binding as long as it's entirely written, dated, and signed by the hand of the testator himself/herself.

6. What is "forced heirship?"

In Philippine law, forced heirship refers to the legal mandate for a certain portion of your estate to be reserved for your legitimate children and descendants.

7. Can I disinherit a child?

Yes, but only under specific and stringent circumstances defined by Philippine law.

8. Can foreigners own land in the Philippines?

As a general rule, foreign ownership of land in the Philippines is not allowed. There are, however, certain exceptions for inheritances, former Filipino citizens, among others.

9. Can I transfer my properties to my children before my death?

Yes, you can transfer your properties to your children before your death through a deed of donation, sale or through a living trust.

10. What would invalidate my will?

A number of factors could invalidate your will, such as lack of testamentary capacity, undue influence, fraud, or if it was revoked before your death.

Additional Resources

You can seek further information from The Integrated Bar of the Philippines, the Bureau of Internal Revenue, and the official government portal of Imus, Cavite. These bodies offer publications and resources that provide additional insights into Estate Planning Law in the Philippines.

Next Steps

If you need more specific legal advice or assistance in Estate Planning, it is recommended to seek the help of a legal professional experienced in Estate Planning. They can provide personalized guidance and ensure that your interests and those of your beneficiaries are considered and protected.

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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.