Best Estate Planning Lawyers in Pasig

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HIZOLA LAW
Pasig, Philippines

English
HIZOLA LAW, established in August 2022, is a full-service law firm located in Ortigas Center, Pasig City, Philippines. The firm offers a comprehensive range of legal and consultancy services, aiming to be a one-stop solution for clients' diverse needs. With over 23 years of combined experience in...
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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
Estate Planning
Elder Law
Trusts
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
Estate Planning
Family
Elder Law
Will & Testament
You can contact me on WhatsApp: +38970704335I can share my professional opinion to you.Regards,
Estate settlement dispute
Elder Law
Estate Planning
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 in Pasig, Philippines involves organizing the management and disposal of an individual's assets during their lifetime and in anticipation of their death. It ensures that the estate is transferred to the intended beneficiaries in a manner consistent with the individual's desires, while also minimizing estate taxes and other expenses. Estate planning may include creating a last will and testament, establishing trusts, and understanding the implications of taxation on the estate.

Why You May Need a Lawyer

There are several situations in which you may require legal assistance with estate planning in Pasig:

  • Drafting a legally sound last will and testament to prevent disputes among heirs.
  • Establishment and administration of trusts to manage property during your lifetime and after death.
  • Strategies for minimizing estate taxes and ensuring proper tax filing.
  • Managing and distributing assets if incapacitated or upon passing.
  • Navigating legal requirements and ensuring compliance with local laws.
  • Providing guidance on succession planning for family-owned businesses.
  • Resolve family disputes relating to estate division or inheritance.

Local Laws Overview

Estate planning in Pasig is influenced by national Philippine laws, as well as local ordinances. These laws cover the disposition of property, taxation, and inheritance rights. Key points include:

  • The Civil Code of the Philippines governs succession planning, stipulating how properties are to be divided among heirs.
  • Estate taxes are imposed on the value of an estate at the time of death, and planning may help minimize these costs.
  • Laws relating to the validity of wills require understanding of formal requirements, like the need for witnesses and proper acknowledgment.
  • Trusts are recognized as legal instruments for managing and distributing assets, and require compliance with specific regulations.
  • Local government units, such as Pasig City, may have specific requirements for the implementation of estate planning tools like land titles and taxes.

Frequently Asked Questions

What is the purpose of a last will and testament?

A last will and testament is a legal document that clearly outlines how a person wishes their assets to be distributed after their death. It ensures that the individual's wishes are respected and can help prevent disputes among surviving family members.

How can estate taxes be minimized in the Philippines?

Minimizing estate taxes can be achieved through strategic estate planning techniques, such as creating trusts, making substantial lifetime gifts, or purchasing life insurance to cover tax costs. Consulting with a legal expert can help identify the most effective strategies.

What happens if someone dies without a will in Pasig?

If someone dies without a will, their estate is distributed according to the Philippine laws of intestate succession. Property is divided among legal heirs, such as a surviving spouse, children, and other relatives, based on predefined shares.

Can a will be contested?

Yes, a will can be contested if there are grounds such as the testator's lack of mental capacity, undue influence, fraudulent circumstances, or failure to comply with legal formalities. Genuine concerns should be addressed through legal proceedings.

Who should be appointed as an executor of a will?

An executor is responsible for carrying out the terms of the will. It's important to select someone trustworthy, organized, and capable of handling financial matters. This person can be a family member, a close friend, or a legal professional.

Is it necessary to update my will regularly?

Yes, it is advisable to review and update your will regularly, especially after significant life events such as marriage, divorce, the birth of a child, or substantial changes in assets or financial status.

What are trusts and why might they be useful?

Trusts are legal arrangements where a trustee holds assets on behalf of a beneficiary. They are useful for managing assets during the lifetime of the grantor and ensuring a smooth transfer of wealth, while potentially reducing taxes and providing asset protection.

How does estate planning help in business succession?

Estate planning ensures a smooth transition of ownership and management of family businesses, helping to maintain business continuity and stability. Planning includes designating successors and structuring ownership transfers efficiently.

What should be done if there are disputes over estate distribution?

If disputes arise, it is advisable to consult with a lawyer to mediate the issues and provide formal legal resolution. Courts can also be involved if necessary, to enforce fair distribution according to legal entitlements.

Are there any digital assets that need to be considered in estate planning?

Yes, digital assets like online accounts, cryptocurrencies, and intellectual property should be included in estate planning. Providing the executor with access and instructions for managing these assets is important to ensure their proper disposition.

Additional Resources

For further assistance with estate planning in Pasig, you may consider consulting the following resources:

  • Local law firms specializing in estate planning and succession law.
  • The Integrated Bar of the Philippines - Pasig Chapter for legal advice and lawyer referrals.
  • Philippine government websites for the latest on estate and inheritance tax laws.
  • Community legal aid organizations that may offer pro bono services.

Next Steps

If you need legal assistance in estate planning, consider scheduling a consultation with an experienced attorney in Pasig who can help tailor a plan to fit your specific needs and circumstances. Prepare a list of questions and necessary documents, such as asset inventories and family information, to make the most out of your consultation. Additionally, staying informed about changes in local laws and regulations can aid in effective estate planning.

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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.