Best Estate Planning Lawyers in Puerto Princesa City
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List of the best lawyers in Puerto Princesa 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 Puerto Princesa City, Philippines
Estate planning in Puerto Princesa City, Philippines, involves organizing and managing the disposal of a person's estate during their life and after death. It ensures that the estate, which includes all assets like real estate, bank accounts, stocks, and personal possessions, is distributed according to the individual's wishes while minimizing taxes, legal fees, and potential complications. Estate planning typically involves the creation of wills, trusts, and other legal documents to address how your assets will be distributed, guardians for minor children, and directives for end-of-life care.
Why You May Need a Lawyer
Several common situations may warrant seeking legal advice in estate planning:
- Complex Estates: Individuals with substantial or diversified assets may require a lawyer to navigate complex legal and financial landscapes while formulating an effective estate plan.
- Blended Families: Those in blended families may need a lawyer to ensure that estate plans respect the needs and wants of all stakeholders, including children from previous relationships.
- Business Ownership: Business owners typically require estate planning to secure continuity and ensure a smooth transition of operations and ownership.
- Minimizing Taxes: An attorney can help craft strategies to reduce inheritance taxes and potentially preserve more of the estate for heirs.
- Change in Circumstances: Life changes such as marriage, divorce, birth of a child, or acquiring new assets make it prudent to consult with a lawyer to revise existing estate plans.
Local Laws Overview
Estate planning in Puerto Princesa City, like the rest of the Philippines, is governed by the Civil Code and various special laws addressing succession rights, wills, trusts, and other related issues. Key aspects include:
- Intestate Succession: If a person dies without a will ("intestate"), their estate is distributed according to the order of legal heirs stipulated by law, favoring children and legal spouses.
- Wills: The execution of a valid will in the Philippines requires compliance with specific requirements, such as the signature of the testator and at least three credible witnesses.
- Reserved Property: Portions of the estate, known as the "legitime," are reserved by law for compulsory heirs, which cannot be freely bequeathed in a will.
- Estate Taxes: Certain taxes apply to the transfer of estate to heirs, with rates and exemptions outlined under the Tax Reform for Acceleration and Inclusion (TRAIN) Law.
Frequently Asked Questions
What is a will, and why do I need one?
A will is a legal document that outlines how your assets will be distributed upon your death. It ensures your wishes are followed and helps prevent disputes among heirs.
How can I ensure my child is cared for if I pass away?
You can designate a legal guardian for your minor children in your will, outlining your preferences for their care and upbringing.
What are the legal requirements for drafting a will in the Philippines?
To draft a valid will, the testator must be at least 18 years old, of sound mind, and the will must be written, signed, and witnessed by at least three competent individuals.
Can I disinherit an heir?
Certain heirs are considered compulsory by law, meaning they are entitled to a portion of the estate unless specific, legally recognized grounds for disinheritance exist, such as committing serious acts against the testator.
What happens if I die without a will?
If you die intestate, the state's laws determine how your estate is distributed among your legal heirs, which may not align with your personal wishes.
How do estate taxes work in the Philippines?
The estate tax rate in the Philippines is a flat rate of 6% on the value of the net estate. Certain deductions and tax reliefs apply to lessen the impact on heirs.
Are there any advantages to creating a living trust?
A living trust allows for the management of assets during your lifetime and facilitates the transfer to beneficiaries without the need for probate, offering privacy and efficiency.
How do I update my estate plan?
Regular reviews and updates with a lawyer ensure your estate plan reflects changes in your assets, family circumstances, or laws.
What is probate, and will my estate have to go through it?
Probate is the legal process of validating a will and distributing the estate under court supervision. This process is not required for assets placed in a living trust or other non-probate transfers.
Can a foreigner own property in the Philippines?
Generally, foreigners cannot own land in the Philippines, but they can own property through corporate structures or acquire condominium units, provided certain conditions are met.
Additional Resources
For further assistance, consider consulting the following resources:
- Philippine Bar Association: A professional organization providing directories and resources for finding qualified estate planning lawyers.
- Integrated Bar of the Philippines: The official national organization of Filipino lawyers that can offer guidance on legal rights and processes.
- Local Government Units (LGUs): The City Government of Puerto Princesa can provide information on local regulations and offices that deal with estate matters.
Next Steps
If you require legal assistance with estate planning, consider taking the following steps:
- Research: Gather information about local laws, and consider the implications of your assets and personal circumstances on your estate planning needs.
- Consult a Lawyer: Locate a reputable estate planning lawyer in Puerto Princesa City who can provide personalized guidance and draft necessary documents.
- Prepare Documents: With your lawyer, prepare or update your will, trusts, and other estate planning documents.
- Communicate: Clearly communicate your wishes to your family and designated executors to ensure everyone understands your intentions.
- Regular Review: Regularly review and adjust your estate plan as laws, assets, or family dynamics change.
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.