Best Estate Planning Lawyers in Marikina City
Share your needs with us, get contacted by law firms.
Free. Takes 2 min.
List of the best lawyers in Marikina City, Philippines
We haven't listed any Estate Planning lawyers in Marikina City, Philippines yet...
But you can share your requirements with us, and we will help you find the right lawyer for your needs in Marikina City
Find a Lawyer in Marikina City
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.
About Estate Planning Law in Marikina City, Philippines:
Estate Planning in Marikina City, Philippines, involves creating a plan for the management and distribution of your assets after your passing. This can include assets such as real estate, investments, personal belongings, and more. A comprehensive estate plan can help ensure that your wishes are carried out and minimize potential conflicts among your loved ones.
Why You May Need a Lawyer:
While some aspects of estate planning can be done without legal assistance, there are situations where a lawyer can be invaluable. This includes creating a detailed estate plan, navigating complex legal requirements, resolving disputes among family members, and ensuring that your plan complies with local laws.
Local Laws Overview:
In Marikina City, Philippines, estate planning is governed by various laws and regulations. Key aspects to consider may include inheritance laws, taxation on estates, wills and trusts, and regulations regarding the distribution of assets. Consulting with a local lawyer who specializes in estate planning in Marikina City can help you navigate these complex legal issues.
Frequently Asked Questions:
1. What is the importance of estate planning in Marikina City?
Estate planning is essential to ensure that your assets are distributed according to your wishes and to minimize potential conflicts among your loved ones after your passing.
2. Do I need a lawyer for estate planning?
While some aspects of estate planning can be done without legal assistance, consulting with a lawyer can help ensure that your plan is comprehensive and legally sound.
3. What are the key documents involved in estate planning?
Key documents may include a will, a trust, a power of attorney, and a living will. These documents help outline your wishes regarding your assets and medical care.
4. How can estate planning help minimize taxes on my estate?
Estate planning can help minimize taxes on your estate by utilizing strategies such as gifting, setting up trusts, and taking advantage of tax exemptions.
5. What are the common pitfalls to avoid in estate planning?
Common pitfalls include failing to update your plan regularly, not considering the impact of taxes on your estate, and not clearly outlining your intentions in your estate plan.
6. Can I contest a will in Marikina City?
Yes, you can contest a will in Marikina City if you have valid grounds to do so, such as coercion, fraud, or lack of capacity on the part of the testator.
7. How often should I update my estate plan?
It is recommended to review and update your estate plan every few years or whenever there is a significant life event, such as marriage, divorce, birth of a child, or acquisition of new assets.
8. What is the role of an executor in estate planning?
An executor is responsible for carrying out the instructions outlined in your will, including distributing assets, paying debts and taxes, and handling any legal issues that may arise during the probate process.
9. How can I choose the right guardian for my minor children in my estate plan?
When choosing a guardian for your minor children, consider factors such as the guardian's values, parenting style, location, and relationship with your children. It is important to have open communication with the potential guardian before including them in your estate plan.
10. Can I create a DIY estate plan without a lawyer?
While it is possible to create a basic estate plan without a lawyer using DIY kits or online tools, it is highly recommended to consult with a lawyer to ensure that your plan is legally sound and comprehensive.
Additional Resources:
For additional resources and information on estate planning in Marikina City, Philippines, you may consider contacting the Integrated Bar of the Philippines Marikina Chapter or the Philippine Society of Estate and Trusts. These organizations can provide referrals to experienced estate planning lawyers in the area.
Next Steps:
If you require legal assistance with estate planning in Marikina City, Philippines, it is recommended to schedule a consultation with a local lawyer who specializes in this area of law. They can help assess your individual needs and create a tailored estate plan that meets your objectives and protects your interests.
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.