Best Estate Planning Lawyers in Lipa City
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List of the best lawyers in Lipa City, 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.
- my mother want to revoke donation of properties to 2 grandchildren
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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 Lipa City, Philippines:
Estate Planning in Lipa City, Philippines involves creating a strategy for the management and distribution of your assets after you pass away. It typically includes creating a will, establishing trusts, designating beneficiaries, and minimizing estate taxes.
Why You May Need a Lawyer:
You may need a lawyer for Estate Planning in Lipa City if you have a large estate, complex family dynamics, charitable intentions, concerns about incapacity, or want to minimize estate taxes. A lawyer can help you navigate the legal requirements, draft essential documents, and ensure your wishes are carried out.
Local Laws Overview:
In Lipa City, Philippines, Estate Planning is governed by the Civil Code, Family Code, and National Internal Revenue Code. Key aspects to consider include rules on succession, legal capacity, duly notarized documents, and tax implications. It is important to consult with a lawyer familiar with the local laws to ensure your estate plan complies with all regulations.
Frequently Asked Questions:
1. What is Estate Planning?
Estate Planning is the process of arranging for the management and distribution of your assets after your death.
2. Do I need a lawyer for Estate Planning in Lipa City?
While it is not required by law, having a lawyer can help ensure your estate plan is legally sound and reflects your wishes accurately.
3. What documents are essential for Estate Planning?
Essential documents for Estate Planning may include a will, trust documents, powers of attorney, and healthcare directives.
4. How can I minimize estate taxes in Lipa City?
You can minimize estate taxes in Lipa City through proper estate planning strategies such as establishing trusts, gifting assets, and taking advantage of tax deductions.
5. Can I update my estate plan in the future?
Yes, you can and should periodically review and update your estate plan to reflect any changes in your life circumstances or wishes.
6. What is the role of an executor in Estate Planning?
An executor is responsible for managing the distribution of your assets according to your will after your death.
7. How can I ensure my minor children are cared for in my absence?
You can designate a guardian for your minor children in your will and establish a trust fund for their financial support.
8. What happens if I die without an estate plan in Lipa City?
If you die without an estate plan in Lipa City, your assets will be distributed according to the laws of intestacy, which may not align with your wishes.
9. Can I disinherit a family member in my estate plan?
Yes, you can choose to disinherit a family member in your estate plan, but it is important to consult with a lawyer to ensure it is done correctly.
10. How much does it cost to hire a lawyer for Estate Planning in Lipa City?
The cost of hiring a lawyer for Estate Planning in Lipa City may vary depending on the complexity of your estate plan and the lawyer's fees. It is recommended to inquire about the fees during the initial consultation.
Additional Resources:
For more information on Estate Planning in Lipa City, you can contact the Integrated Bar of the Philippines (IBP) Lipa City Chapter or the Philippine Bar Association for referrals to qualified lawyers specializing in Estate Planning.
Next Steps:
If you require legal assistance for Estate Planning in Lipa City, it is advisable to schedule a consultation with a lawyer experienced in estate law. During the consultation, you can discuss your goals, assets, and concerns to develop a tailored estate plan that meets your needs. Remember to review and update your estate plan periodically to ensure it reflects your current wishes and circumstances.
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.