Best Estate Planning Lawyers in Pasay
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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 Pasay, Philippines
Estate Planning in Pasay, Philippines involves the legal process of arranging for the management and distribution of a person's assets and properties after their death. This process ensures that your loved ones receive their rightful inheritance according to your wishes.
Why You May Need a Lawyer
You may need a lawyer for Estate Planning in Pasay, Philippines in situations such as drafting a will, setting up trusts, appointing guardians for minor children, minimizing estate taxes, and ensuring your assets are protected. A lawyer can provide valuable legal advice and guidance to ensure your estate planning goals are met.
Local Laws Overview
In Pasay, Philippines, estate planning laws are governed by the Civil Code, Family Code, and rules set by the Philippine Supreme Court. Key aspects of local laws relevant to estate planning include laws on wills, trusts, estate administration, and inheritance rights of family members.
Frequently Asked Questions
1. What is the difference between a will and a trust?
A will is a legal document that outlines how you want your assets distributed after your death, while a trust is a legal arrangement where a trustee holds and manages assets on behalf of beneficiaries.
2. Do I need a lawyer to create an estate plan?
While it is not required by law to hire a lawyer for estate planning, it is highly recommended to ensure your estate plan complies with local laws and to avoid any legal complications in the future.
3. Can I make changes to my will after it has been created?
Yes, you can update or change your will at any time by creating a new will or adding a codicil to make amendments.
4. How can I minimize estate taxes in Pasay, Philippines?
You can minimize estate taxes by using strategies such as setting up trusts, gifting assets during your lifetime, and utilizing tax-efficient estate planning tools.
5. What happens if I die without a will in Pasay, Philippines?
If you die without a will, your assets will be distributed according to the intestate succession laws of the Philippines, which may not align with your wishes.
6. Can I appoint a guardian for my minor children in my will?
Yes, you can appoint a guardian for your minor children in your will to ensure they are cared for in the event of your death.
7. What is the role of an executor in estate planning?
An executor is responsible for administering the estate of the deceased, including managing assets, paying debts, and distributing assets to beneficiaries according to the terms of the will.
8. How can I protect my assets from creditors in estate planning?
You can protect your assets from creditors by setting up irrevocable trusts, transferring assets to family members, and utilizing legal tools to shield assets from potential claims.
9. Can I disinherit a family member in my will?
Yes, you can disinherit a family member in your will by clearly stating your intention to exclude them from receiving any inheritance.
10. How long does the estate planning process typically take in Pasay, Philippines?
The estate planning process timeline can vary depending on the complexity of your estate, but it typically takes several weeks to several months to complete all necessary legal documents and arrangements.
Additional Resources
For more information on Estate Planning in Pasay, Philippines, you can contact the Integrated Bar of the Philippines (IBP) Pasay City Chapter or visit the Pasay City Hall for legal advice and resources.
Next Steps
If you require legal assistance with Estate Planning in Pasay, Philippines, it is recommended to schedule a consultation with an experienced estate planning lawyer who can assist you in creating a comprehensive estate plan tailored to your specific needs and goals.
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.