Best Estate Planning Lawyers in Santiago
Share your needs with us, get contacted by law firms.
Free. Takes 2 min.
List of the best lawyers in Santiago, Philippines
We haven't listed any Estate Planning lawyers in Santiago, Philippines yet...
But you can share your requirements with us, and we will help you find the right lawyer for your needs in Santiago
Find a Lawyer in Santiago
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.
About Estate Planning Law in Santiago, Philippines:
Estate Planning in Santiago, Philippines is a legal process that involves preparing for the management and distribution of an individual's assets and properties upon their passing. This process aims to ensure that the wishes of the individual are carried out, minimize taxes, and provide for the financial security of loved ones.
Why You May Need a Lawyer:
There are several situations where individuals may require legal help in Estate Planning, such as drafting a will, creating a trust, establishing powers of attorney, planning for incapacity, and minimizing estate taxes. A lawyer can provide guidance on complex legal matters, ensure that documents are properly drafted and executed, and help individuals navigate the legal process.
Local Laws Overview:
In Santiago, Philippines, the key aspects of local laws that are relevant to Estate Planning include the Civil Code, Family Code, and Estate Tax laws. These laws govern issues such as inheritance, succession, and taxation, and it is important to understand how they impact Estate Planning decisions.
Frequently Asked Questions:
1. What is the difference between a will and a trust?
A will is a legal document that outlines how a person's assets and properties should be distributed upon their passing, while a trust is a legal arrangement where a trustee holds assets for the benefit of beneficiaries during their lifetime and after their passing.
2. Do I need a lawyer to create an estate plan?
While it is possible to create a basic estate plan without a lawyer, it is advisable to seek legal assistance to ensure that your wishes are properly documented, legally binding, and compliant with local laws.
3. How can I minimize estate taxes in Santiago, Philippines?
There are various strategies to minimize estate taxes, such as gifting assets during your lifetime, creating a trust, and taking advantage of tax exemptions and deductions available under local laws.
4. What is a power of attorney and why is it important in Estate Planning?
A power of attorney is a legal document that grants someone the authority to make decisions on your behalf in the event of incapacity. It is important in Estate Planning to ensure that someone trusted can manage your affairs if you become unable to do so.
5. Can I make changes to my estate plan after it is created?
Yes, it is possible to make changes to your estate plan at any time by updating your will, trust, or other legal documents to reflect your current wishes and circumstances.
6. What happens if I die without a will in Santiago, Philippines?
If you die without a will (intestate), your assets will be distributed according to local laws of intestacy, which may not align with your wishes. It is recommended to create a will to ensure that your assets are distributed as you intended.
7. How can I protect my assets from creditors in Estate Planning?
Asset protection strategies in Estate Planning may include creating trusts, gifting assets, and establishing legal entities such as corporations or limited liability companies to shield assets from creditors.
8. What is the role of an executor in Estate Planning?
An executor is responsible for carrying out the wishes outlined in a person's will, including distributing assets to beneficiaries, paying debts and taxes, and managing the estate administration process.
9. How can Estate Planning help me plan for incapacity?
Estate Planning documents such as powers of attorney and advance directives can help you plan for incapacity by appointing someone to make decisions on your behalf and outlining your healthcare preferences in advance.
10. How much does it cost to hire a lawyer for Estate Planning in Santiago, Philippines?
The cost of hiring a lawyer for Estate Planning in Santiago, Philippines may vary depending on the complexity of your estate plan, the services needed, and the attorney's fee structure. It is recommended to discuss fees and payment arrangements with your lawyer upfront.
Additional Resources:
For further information on Estate Planning in Santiago, Philippines, you may contact the Integrated Bar of the Philippines, the Bureau of Internal Revenue, or seek guidance from local estate planning professionals and legal organizations.
Next Steps:
If you require legal assistance in Estate Planning in Santiago, Philippines, it is advisable to schedule a consultation with a qualified attorney who can assess your specific needs, provide tailored advice, and assist you in creating an effective estate plan that meets your goals and objectives.
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.