Best Estate Planning Lawyers in Olongapo City

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List of the best lawyers in Olongapo City, Philippines

Recososa Law Firm

Olongapo 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 Olongapo City, Philippines

Estate planning in Olongapo City, Philippines, is a legal process that ensures your assets and affairs are organized and distributed according to your wishes upon your death. This process can involve drafting a will, setting up trusts, and arranging for the management of an estate. The laws governing estate planning in Olongapo are based on the broader legal frameworks of the Philippines and aim to provide clarity and fairness in the distribution of property and assets.

Why You May Need a Lawyer

Navigating the complexities of estate planning can be challenging without professional assistance. Here are common situations where legal help may be necessary:

Drafting a comprehensive will to ensure your assets are distributed as you desire.
Setting up trusts to manage your assets for beneficiaries.
Understanding tax implications and ensuring compliance with local tax laws.
Appointing guardians for minor children.
Ensuring that all legal documents comply with current laws and regulations.
Managing estate disputes among heirs or beneficiaries.
Handling real estate and other significant assets that require legal transfer.

Local Laws Overview

In Olongapo City, estate planning is governed by a combination of local and national laws. Key aspects include:

Intestate Succession: The law prescribes a hierarchy of beneficiaries if someone dies without a will.
Legal Heirship: Under Philippine law, legitimate and compulsory heirs have rights to certain portions of an estate.
Wills: Must comply with requirements such as being in writing, signed, and witnessed.
Trusts: Can be created to manage assets during lifetimes or after death.
Taxes: Estates may be subject to estate taxes, depending on size and beneficiaries.

Frequently Asked Questions

What is the purpose of a will?

A will ensures your assets are distributed according to your wishes after your death. It allows you to appoint an executor and specify guardians for minor children.

Who can be a witness to a will?

Witnesses must be competent and of legal age; typically, they should not be beneficiaries under the will to avoid conflicts of interest.

Do I need a lawyer to draft a will?

While it is not legally required to have a lawyer draft your will, professional assistance ensures that your document complies with all legal requirements and effectively represents your intentions.

What happens if I die without a will?

If you die intestate (without a will), your estate will be distributed according to Philippine laws of succession, which may not align with your wishes.

How can I change my will?

You can change your will anytime by creating a new will or adding a codicil to the existing one, both requiring the same formalities as the original will.

What is a living trust?

A living trust is a legal arrangement where a trustee manages your assets for your benefit during your lifetime and distributes them after death.

How are estate taxes calculated?

Estate taxes in the Philippines are based on the net estate value. Tax rates and exemptions can vary, making it essential to consult with a legal or tax professional.

Is it possible to disinherit a family member?

In the Philippines, certain heirs are compulsory and are entitled by law to inherit a portion of the estate, though a will can express wishes regarding the rest of the estate.

How do I handle assets located abroad?

Handling international assets involves understanding the laws of the jurisdictions where the assets are held and may require coordination with foreign legal professionals.

When should I start estate planning?

It's advisable to start estate planning as early as possible, particularly when you acquire significant assets or have dependents who rely on you.

Additional Resources

For legal advice or further information on estate planning in Olongapo City, the following resources can be helpful:

City Treasurer's Office: For information on local taxes and assessments.
The Integrated Bar of the Philippines - Olongapo Chapter: For referrals to qualified estate planning attorneys.
Local notary public offices: For document notarization services.

Next Steps

If you require legal assistance with estate planning, consider the following steps:

Assess your estate planning needs and gather any relevant documents.
Research and consult with an estate planning attorney familiar with local laws.
Prepare necessary legal documents such as wills, trusts, and powers of attorney with legal guidance.
Review your plans regularly and update them as personal circumstances change.

Lawzana helps you find the best lawyers and law firms in Olongapo City through a curated and pre-screened list of qualified legal professionals. Our platform offers rankings and detailed profiles of attorneys and law firms, allowing you to compare based on practice areas, including Estate Planning, experience, and client feedback. Each profile includes a description of the firm's areas of practice, client reviews, team members and partners, year of establishment, spoken languages, office locations, contact information, social media presence, and any published articles or resources. Most firms on our platform speak English and are experienced in both local and international legal matters. Get a quote from top-rated law firms in Olongapo City, Philippines - quickly, securely, and without unnecessary hassle.

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.