Best Estate Planning Lawyers in Tacloban City
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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 Tacloban City, Philippines
Estate Planning is a process designed to help individuals organize the transfer and management of their assets in the event of their incapacity or passing. In Tacloban City, as in other parts of the Philippines, estate planning ensures that a person's wishes regarding property, financial assets, and other possessions are faithfully executed, while also considering local customs and legal statutes. Whether through a last will and testament, trusts, or donation during one's lifetime, estate planning is key in protecting your family’s future and reducing potential legal disputes.
Why You May Need a Lawyer
There are several situations in which the guidance of a qualified lawyer is essential for estate planning in Tacloban City:
- Drafting a legally valid last will and testament to ensure your wishes are carried out
- Minimizing estate taxes and legal costs for your heirs
- Facilitating the creation of trusts and guardianships for minors or dependents
- Handling complex property issues, such as co-owned assets or foreign property
- Navigating mixed civil and customary succession laws, including family code provisions
- Addressing disputes among heirs or potential inheritance conflicts
- Updating estate plans after significant life events like marriage, divorce, or acquiring new property
Local Laws Overview
Estate planning in Tacloban City is governed by the Civil Code of the Philippines, as well as relevant family and tax laws. Key aspects include:
- Compulsory Heirs: The law mandates certain relatives, like spouses and children, must receive a share of the estate regardless of will provisions. This is known as the legitimate portion.
- Types of Wills: Wills can be either notarial (notarized by a public notary and witnesses) or holographic (handwritten and signed by the testator).
- Succession: If no valid will exists, intestate succession rules apply, and property is distributed based on relationships defined by law.
- Estate Tax: Estates above a certain value are subject to estate tax payable to the Bureau of Internal Revenue. A lawyer can assist in tax planning to minimize liability.
- Probate Process: Wills must be presented in probate court in Tacloban City for authentication before assets can be distributed.
- Donation & Gifts: The law allows for property to be transferred as gifts during one’s lifetime, subject to donor’s tax and certain formalities.
Frequently Asked Questions
What is estate planning?
Estate planning refers to the legal process of organizing how your assets will be managed and distributed after your death or if you become incapacitated. It often involves making a will, creating trusts, and designating beneficiaries.
Do I need a lawyer to make a will in Tacloban City?
While it is possible to write your own will, hiring a lawyer ensures that it complies with Philippine laws and local procedures. This avoids the risk of your will being declared invalid.
Who are considered compulsory heirs in the Philippines?
Compulsory heirs typically include legitimate children, legitimate parents (if there are no children), the spouse, and illegitimate children. Each has a right to receive a fixed share of your estate, called the legitime.
What happens if I die without a will?
If you die without a will, your estate will be divided according to the rules of intestate succession under the Civil Code, distributing property among your closest relatives as mandated by law.
Are there taxes imposed on inheritance?
Yes, estates that exceed a certain threshold must pay estate taxes to the Bureau of Internal Revenue. The process includes filing an estate tax return and settling any due taxes before assets are distributed.
Can I disinherit a family member?
Disinheritance is possible under specific grounds defined by Philippine law. However, compulsory heirs cannot be completely excluded unless valid reasons are proven in court.
What is the role of the probate court?
The probate court in Tacloban City reviews the validity of your will and oversees the administration of your estate to ensure proper distribution to rightful heirs.
How are debts settled after death?
Before heirs receive their share, the estate’s liabilities must be paid out of the estate’s assets. This includes outstanding debts, expenses, and taxes.
Can foreigners own or inherit property in Tacloban City?
Foreigners are generally not allowed to own land in the Philippines, but they can inherit property by legal succession, subject to certain restrictions and laws.
When should I update my estate plan?
It is advisable to review and update your estate plan after significant events such as marriage, divorce, the birth of a child, acquisition of property, or relocation.
Additional Resources
Individuals seeking more information or assistance with estate planning in Tacloban City can consult the following:
- Integrated Bar of the Philippines - Leyte Chapter: Offers legal aid and referrals to qualified lawyers in Tacloban City.
- Bureau of Internal Revenue (BIR): For guidance on estate tax requirements and procedures.
- Tacloban City Regional Trial Court: Handles probate and administration of estates.
- Public Attorney's Office (PAO): Provides free legal assistance for qualified individuals.
- Philippine Statistics Authority (PSA): For birth, marriage, and death certificates needed in succession and estate proceedings.
Next Steps
If you need legal advice or assistance with estate planning in Tacloban City, consider the following actions:
- List all assets and identify your intended heirs or beneficiaries.
- Consult a licensed lawyer experienced in estate planning and familiar with local laws and procedures.
- Gather essential documents such as land titles, certificates of ownership, marriage contracts, and family records.
- Ask your lawyer to review or draft your will and advise on possible ways to minimize taxes and legal complications.
- Consider discussing your estate plans with your family to avoid misunderstandings.
- If needed, reach out to local legal aid organizations or the Integrated Bar of the Philippines for support.
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.