Best Estate Planning Lawyers in Paranaque City
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List of the best lawyers in Paranaque 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 Paranaque City, Philippines
Estate Planning in Paranaque City, Philippines refers to the process of preparing for the management and disposal of one's assets during their lifetime and after death. This legal practice involves creating wills, trusts, powers of attorney, and other documents to ensure that the individual's wishes are carried out regarding their estate. Estate planning also involves minimizing taxes and other expenses that may arise upon death.
Why You May Need a Lawyer
There are several situations where you may need the assistance of a lawyer for estate planning in Paranaque City. Some common scenarios include:
- Creating a comprehensive estate plan that addresses all your assets and beneficiaries
- Protecting your assets from creditors and lawsuits
- Ensuring that your minor children or incapacitated family members are provided for
- Minimizing estate taxes and other expenses
- Resolving disputes among beneficiaries
Local Laws Overview
Important aspects of local laws in Paranaque City, Philippines that are relevant to estate planning include regulations on wills, trusts, probate, and inheritance tax. It is crucial to understand the requirements and limitations of these laws to ensure that your estate plan is valid and legally enforceable. Consulting with a knowledgeable estate planning lawyer can help you comply with local regulations and optimize your estate plan.
Frequently Asked Questions
1. What is the difference between a will and a trust?
A will is a legal document that specifies how your assets will be distributed upon your death, while a trust allows you to transfer assets to a trustee to be managed for the benefit of your beneficiaries.
2. Do I need a lawyer to create an estate plan?
While it is possible to create a basic estate plan on your own, consulting with a lawyer can ensure that your plan complies with local laws and addresses all potential issues.
3. How often should I update my estate plan?
It is recommended to review and update your estate plan every few years or whenever significant life events occur, such as marriage, divorce, birth of children, or acquisition of new assets.
4. What is probate and how does it affect my estate?
Probate is the legal process of validating a will and administering the estate of a deceased person. It can be time-consuming and costly, so many people seek to avoid probate through proper estate planning.
5. How can I reduce estate taxes in Paranaque City?
By utilizing strategies such as gifting, creating trusts, and taking advantage of tax exemptions, you can minimize the amount of estate tax that your beneficiaries will have to pay.
6. What happens if I die without a will in Paranaque City?
If you die without a will, your assets will be distributed according to the laws of intestacy in Paranaque City, which may not align with your wishes. It is crucial to have a valid will to ensure that your estate is distributed as you intend.
7. Can I disinherit a family member in my will?
You can generally disinherit a family member in your will, but it is essential to consult with a lawyer to ensure that your wishes are carried out legally and effectively.
8. What is a power of attorney and why do I need one?
A power of attorney is a legal document that gives someone the authority to make financial or medical decisions on your behalf if you become incapacitated. It is essential to have a power of attorney in place to ensure that your affairs are managed properly in case of incapacity.
9. Can I contest a will in Paranaque City?
You can contest a will in Paranaque City if you believe that it is invalid due to fraud, undue influence, lack of capacity, or other legal grounds. Contesting a will requires legal expertise and evidence to support your claim.
10. How can I find a reputable estate planning lawyer in Paranaque City?
You can ask for recommendations from friends and family, research online reviews, and schedule consultations with potential lawyers to find a reputable estate planning attorney in Paranaque City.
Additional Resources
For additional resources related to estate planning in Paranaque City, Philippines, you can contact the Integrated Bar of the Philippines Paranaque Chapter, the Philippine Bar Association, or the Paranaque City Hall for legal guidance and support.
Next Steps
If you are in need of legal assistance for estate planning in Paranaque City, Philippines, consider scheduling a consultation with a knowledgeable lawyer specializing in estate planning. They can help you create a comprehensive estate plan that protects your assets and ensures 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.