Best Estate Planning Lawyers in Mandaue City

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List of the best lawyers in Mandaue City, Philippines

Recososa Law Firm

Mandaue 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 Mandaue City, Philippines:

Estate planning in Mandaue City, Philippines is a legal process that involves creating a plan for how your assets will be distributed after you pass away. This can include writing a will, setting up trusts, designating beneficiaries for insurance policies and retirement accounts, and appointing guardians for minor children. Estate planning is important to ensure that your wishes are carried out and to make the process of distributing your assets as smooth as possible for your loved ones.

Why You May Need a Lawyer:

There are several situations where you may need a lawyer to help you with estate planning in Mandaue City. These can include having a large or complex estate, owning property in multiple jurisdictions, wanting to minimize estate taxes, wanting to provide for a special needs family member, or needing to establish guardianship for minor children. A lawyer can help you navigate the legal requirements and ensure that your estate plan is legally valid and reflects your wishes.

Local Laws Overview:

In Mandaue City, Philippines, estate planning is governed by various laws and regulations, including the Civil Code, the Family Code, and the Rules of Court. It is important to be aware of these laws to ensure that your estate plan is legally valid. Some key aspects to consider include inheritance laws, tax implications for transferring assets, and the requirements for creating a valid will or trust.

Frequently Asked Questions:

1. What is the difference between a will and a trust?

A will is a legal document that outlines how your assets will be distributed after you pass away, while a trust is a legal arrangement where a trustee holds assets for the benefit of beneficiaries.

2. Do I need to have a will in Mandaue City, Philippines?

While it is not required by law to have a will in Mandaue City, it is highly recommended to ensure that your assets are distributed according to your wishes.

3. Can I update my estate plan if my circumstances change?

Yes, it is important to review and update your estate plan regularly, especially if there are changes in your family situation, financial situation, or wishes for how your assets should be distributed.

4. What happens if I die without a will in Mandaue City?

If you die without a will in Mandaue City, your assets will be distributed according to the intestacy laws, which may not reflect your wishes.

5. How can I minimize estate taxes in Mandaue City?

There are various strategies available to minimize estate taxes, such as setting up trusts, making gifts during your lifetime, or taking advantage of exemptions and deductions.

6. Can I disinherit a family member in Mandaue City?

While you have the legal right to disinherit a family member in Mandaue City, it is important to consult with a lawyer to ensure that your wishes are carried out in a legally valid manner.

7. What is the role of an executor in estate planning?

An executor is responsible for carrying out the instructions in your will, managing your assets, paying debts and taxes, and distributing the remaining assets to beneficiaries.

8. How can I provide for a disabled family member in my estate plan?

You can set up a special needs trust to provide for a disabled family member without jeopardizing their eligibility for government benefits.

9. Can I designate a guardian for my minor children in my estate plan?

Yes, you can designate a guardian for your minor children in your estate plan to ensure that they are cared for in the event of your passing.

10. Do I need a lawyer to create an estate plan in Mandaue City?

While it is not required by law to have a lawyer to create an estate plan in Mandaue City, it is highly recommended to ensure that your estate plan is legally valid and reflects your wishes.

Additional Resources:

If you are in need of legal advice for estate planning in Mandaue City, you may consider contacting the Integrated Bar of the Philippines (IBP) - Mandaue City Chapter or consulting with a reputable law firm that specializes in estate planning.

Next Steps:

If you are in need of legal assistance for estate planning in Mandaue City, it is recommended to schedule a consultation with a lawyer who can assess your specific needs and provide guidance on creating a legally valid and comprehensive estate plan.

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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.