Best Estate Planning Lawyers in Pasig
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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.
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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 Pasig, Philippines:
Estate planning is the process of arranging for the management and distribution of one's assets and properties after their passing. This legal process involves creating documents such as wills, trusts, and powers of attorney to ensure that your wishes are carried out according to your plans.
Why You May Need a Lawyer:
There are several situations where you may need the assistance of a lawyer in estate planning. Some common scenarios include:
- Complex family dynamics
- High-value estates
- Business ownership
- Special needs beneficiaries
- Overseas assets
Local Laws Overview:
In Pasig, Philippines, estate planning is governed by the Civil Code of the Philippines and other relevant laws. It is important to understand the local laws and regulations that apply to estate planning, including laws on inheritance, taxes, and property rights.
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 your passing, while a trust is a legal arrangement where a trustee manages assets on behalf of 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 is legally sound and tailored to your specific needs.
3. What happens if I die without a will in Pasig, Philippines?
If you pass away without a will, your assets will be distributed according to the laws of intestacy in Pasig, which may not align with your wishes.
4. How can I minimize estate taxes in Pasig, Philippines?
There are various strategies that can be used to minimize estate taxes, such as setting up trusts, gifting assets during your lifetime, and making use of tax deductions and exemptions.
5. Can I name minors as beneficiaries in my will?
Minors can be named as beneficiaries in a will, but it is important to appoint a guardian or set up a trust to manage the inheritance until the minor reaches the age of majority.
6. What is a power of attorney and do I need one?
A power of attorney is a legal document that gives someone the authority to make decisions on your behalf. It can be helpful in estate planning to ensure that someone you trust can manage your affairs if you become incapacitated.
7. How often should I update my estate plan?
It is advisable to review and update your estate plan regularly, especially after major life events such as marriage, divorce, birth of a child, or significant changes in your financial situation.
8. Can I contest a will in Pasig, Philippines?
It is possible to contest a will in Pasig, but the process can be complex and challenging. Grounds for contesting a will may include lack of capacity, undue influence, fraud, or improper execution.
9. What is probate and how does it work in Pasig, Philippines?
Probate is the legal process of validating a will and administering the estate of a deceased person. In Pasig, probate is typically handled by the courts and can involve resolving disputes, paying debts, and distributing assets to beneficiaries.
10. How can I protect my assets from creditors in Pasig, Philippines?
There are legal strategies that can be used to protect assets from creditors, such as setting up trusts, transferring assets to family members, and making use of exemptions under the law.
Additional Resources:
For more information on estate planning in Pasig, Philippines, you may consider reaching out to the Integrated Bar of the Philippines (Pasig Chapter) or consulting with a local law firm specializing in estate planning.
Next Steps:
If you are in need of legal assistance for estate planning in Pasig, Philippines, it is advisable to schedule a consultation with a qualified estate planning lawyer. They can provide personalized advice and help you create a comprehensive estate plan that meets your unique needs and wishes.
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.