Best Estate Planning Lawyers in Tagbilaran
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List of the best lawyers in Tagbilaran, 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 Tagbilaran, Philippines:
Estate planning in Tagbilaran, Philippines involves creating a plan for the distribution of one's assets and properties upon death. This plan can include drafting a will, establishing trusts, appointing guardians for minor children, and minimizing estate taxes. It is essential to consult with a lawyer specializing in estate planning to ensure your wishes are carried out according to local laws.
Why You May Need a Lawyer:
You may need a lawyer for estate planning in Tagbilaran if you have complex family dynamics, substantial assets, or specific wishes for the distribution of your estate. A lawyer can help you navigate the legal requirements, create a comprehensive plan, and ensure your assets are protected for future generations.
Local Laws Overview:
In Tagbilaran, Philippines, estate planning laws are governed by the Family Code, Civil Code, and other relevant statutes. Some key aspects of local laws that are relevant to estate planning include the rules on inheritance, succession, and the validity of wills. It is crucial to understand these laws to ensure your estate plan is legally valid.
Frequently Asked Questions:
1. What is estate planning?
Estate planning is the process of creating a plan for the distribution of your assets and properties upon your death.
2. Do I need a lawyer for estate planning?
While it is not mandatory to have a lawyer for estate planning, it is highly recommended, especially for complex situations.
3. What is a will?
A will is a legal document that outlines how you want your assets to be distributed after your death.
4. What is a trust?
A trust is a legal arrangement where a trustee holds assets on behalf of beneficiaries according to the terms of the trust.
5. Can I change my estate plan?
Yes, you can update your estate plan as needed, especially after significant life events like marriage, divorce, or the birth of children.
6. What happens if I die without an estate plan?
If you die without an estate plan, your assets will be distributed according to the laws of intestacy in Tagbilaran.
7. How can I minimize estate taxes?
A lawyer can help you structure your estate plan to minimize estate taxes through strategies like trusts, gifts, and charitable donations.
8. What is a living will?
A living will is a legal document that outlines your wishes regarding medical treatment in case you are unable to communicate them yourself.
9. Can I appoint a guardian for my minor children in my estate plan?
Yes, you can appoint a guardian for your minor children in your estate plan to ensure they are cared for according to your wishes.
10. How much does estate planning cost in Tagbilaran?
The cost of estate planning in Tagbilaran can vary depending on the complexity of your situation and the services required. It is advisable to consult with a lawyer for an estimate of costs.
Additional Resources:
For further information on estate planning in Tagbilaran, you can visit the Philippine Bar Association or the Integrated Bar of the Philippines. These organizations can provide you with resources and guidance on finding a qualified estate planning lawyer.
Next Steps:
If you need legal assistance in estate planning in Tagbilaran, Philippines, the first step is to schedule a consultation with a reputable lawyer specializing in this field. During the consultation, you can discuss your goals, concerns, and the best approach to creating a comprehensive estate plan that meets your needs.
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.