Best Estate Planning Lawyers in Las Pinas
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List of the best lawyers in Las Pinas, Philippines
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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.
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- 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.
About Estate Planning Law in Las Pinas, Philippines:
Estate planning in Las Pinas, Philippines involves the process of arranging for the management and distribution of an individual's assets in the event of their incapacity or death. It includes creating wills, trusts, powers of attorney, and other legal documents to ensure that the individual's wishes are carried out. Estate planning is essential for protecting one's assets, minimizing tax liabilities, and providing for loved ones after they are gone.
Why You May Need a Lawyer:
There are several situations where you may need a lawyer to assist you with estate planning, such as:
- Complex family dynamics or multiple marriages
- High-value assets or businesses
- Minimizing estate taxes
- Planning for incapacity
- Ensuring assets are distributed according to your wishes
Local Laws Overview:
In Las Pinas, Philippines, estate planning is governed by various laws and regulations, including the Family Code, Civil Code, and National Internal Revenue Code. Some key aspects to consider include:
- Rules on inheritance and property rights
- Requirements for creating valid wills and trusts
- Tax implications of estate planning decisions
- Roles and responsibilities of executors and trustees
Frequently Asked Questions:
1. What is estate planning?
Estate planning is the process of arranging for the management and distribution of your assets in the event of your incapacity or death.
2. Do I need a lawyer for estate planning?
While it is possible to create basic estate planning documents on your own, a lawyer can provide valuable advice and ensure that your wishes are legally enforceable.
3. What is a will?
A will is a legal document that specifies how you want your assets to be distributed after your death.
4. What is a trust?
A trust is a legal arrangement where a trustee holds assets on behalf of beneficiaries according to the terms of the trust document.
5. How can estate planning help minimize taxes?
Estate planning can help reduce estate taxes by using strategies such as gifting, creating trusts, and setting up charitable donations.
6. What should I consider when choosing an executor?
When choosing an executor, consider someone who is trustworthy, organized, and capable of carrying out your wishes efficiently.
7. Can I make changes to my estate plan?
Yes, you can make changes to your estate plan as circumstances change, such as getting married, having children, or acquiring new assets.
8. What is a power of attorney?
A power of attorney is a legal document that authorizes someone to make decisions on your behalf if you become incapacitated.
9. How can I ensure my minor children are taken care of in my estate plan?
You can designate guardians for your minor children in your will and establish trusts to provide for their financial needs.
10. Do I need to update my estate plan regularly?
It is recommended to review and update your estate plan every few years or whenever you experience significant life changes to ensure it reflects your current wishes.
Additional Resources:
For more information on estate planning in Las Pinas, Philippines, you can consult the Integrated Bar of the Philippines, the Philippine Bar Association, or seek guidance from local estate planning lawyers.
Next Steps:
If you are in need of legal assistance for estate planning in Las Pinas, Philippines, consider scheduling a consultation with a qualified lawyer who specializes in this area of law. They can help you understand your options, create personalized estate planning documents, and ensure that your wishes are carried out effectively.
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.