Best Estate Planning Lawyers in San Juan

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List of the best lawyers in San Juan, Philippines

CNVD Law

San Juan, Philippines

English

CNVD Law is a distinguished legal firm based in the Philippines, renowned for its comprehensive expertise across various legal disciplines. The firm's team of seasoned attorneys brings a wealth of experience, ensuring adept handling of complex legal matters. Their commitment to excellence has...

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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: You can contact me on WhatsApp: +38970704335I can share my professional opinion to you.Regards,
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.

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About Estate Planning Law in San Juan, Philippines

Estate Planning in San Juan, Philippines, is a crucial legal process that involves the preparation of managing an individual's asset base in the event of their incapacitation or death. This process typically involves the drafting of wills, establishing trusts, and arranging for the transfer of property. Given its importance, having a well-structured estate plan can ensure assets are distributed according to one's wishes, minimize taxes, and provide peace of mind for family members and beneficiaries.

Why You May Need a Lawyer

Hiring a lawyer for estate planning is often necessary due to the complexity and potential pitfalls of the process. Common situations where legal help is beneficial include:

Drafting a valid will or trust to ensure your assets are distributed according to your wishes
Minimizing estate and inheritance taxes to preserve more of your estate for your beneficiaries
Establishing guardianship for minors or dependents
Assisting with the probate process, which may include filing necessary documents and ensuring proper asset distribution
Updating estate plans due to changes in family dynamics or asset structures
Addressing concerns related to family-owned businesses and how they are transferred to heirs

Local Laws Overview

Estate Planning in San Juan, as part of Metro Manila in the Philippines, is governed by local laws and the Philippine Civil Code. Key aspects include:

Wills: Must adhere to legal requirements, such as being in writing, signed, and witnessed, to be valid.
Intestate Succession: In the absence of a will, assets are distributed according to the laws of intestate succession, often prioritizing spouses and legitimate children.
Trusts: Creating trusts can help manage and protect assets, although they must comply with specific legal stipulations.
Taxes: Estate taxes may apply to transfers of wealth, requiring proper planning to mitigate their impact.
Probate Process: A legal process that involves the administration of a deceased person's estate, necessary to validate wills and facilitate asset distribution.

Frequently Asked Questions

What is the importance of having a will?

A will allows you to specify how your assets are distributed after your death and can help prevent legal disputes among your heirs.

Can I draft my own will without a lawyer?

While you can draft your own will, having a lawyer ensure it meets legal requirements can help prevent future legal challenges.

What happens if I die without a will?

Your estate will be distributed according to the laws of intestate succession, which may not align with your personal wishes.

Do I need a trust if I already have a will?

A trust can complement a will by addressing specific needs, such as managing assets for minors or minimizing estate taxes.

How often should I update my estate plan?

Review your estate plan periodically or whenever there are significant life changes, such as marriage, divorce, or the birth of a child.

What are the common mistakes in estate planning?

Common mistakes include not updating the plan, failing to fund a living trust, and underestimating estate taxes.

Who can be an executor of my will?

An executor is usually a trusted family member, friend, or a legal representative who will ensure your will is executed properly.

Are estate taxes a concern in estate planning?

Yes, estate taxes can significantly reduce the value of your estate, making it important to plan for tax-efficient transfers.

How can I ensure my medical wishes are respected if I become incapacitated?

Consider setting up a living will or a healthcare proxy to outline your medical preferences.

Can estate planning address non-financial matters?

Yes, estate planning can include instructions for personal matters, such as funeral arrangements and guardianship of minors.

Additional Resources

Those seeking assistance with estate planning can consider contacting:

The Philippine Bar Association: Can recommend qualified estate planning attorneys.
San Juan City Hall: Offers resources and information on legal matters relevant to residents.
Bureau of Internal Revenue (BIR): Provides information on estate tax obligations and filing requirements.

Next Steps

If you need legal assistance with estate planning, consider the following steps:

Conduct preliminary research to understand your estate planning needs and goals.
Consult with a qualified estate planning lawyer in San Juan to evaluate your situation.
Draft or update necessary legal documents such as wills and trusts, with professional guidance.
Regularly review your estate plan to incorporate life changes and legal updates.

Engaging with legal professionals ensures that your estate will be managed and distributed according to your wishes, providing peace of mind for you and your family.

Lawzana helps you find the best lawyers and law firms in San Juan through a curated and pre-screened list of qualified legal professionals. Our platform offers rankings and detailed profiles of attorneys and law firms, allowing you to compare based on practice areas, including Estate Planning, experience, and client feedback. Each profile includes a description of the firm's areas of practice, client reviews, team members and partners, year of establishment, spoken languages, office locations, contact information, social media presence, and any published articles or resources. Most firms on our platform speak English and are experienced in both local and international legal matters. Get a quote from top-rated law firms in San Juan, Philippines - quickly, securely, and without unnecessary hassle.

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.