Best Estate Planning Lawyers in Taguig
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List of the best lawyers in Taguig, 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 Taguig, Philippines
Estate planning in Taguig, Philippines refers to the process of managing and distributing one's assets in the event of their death. This includes making decisions about who will inherit your property, managing taxes, and planning for medical emergencies.
Why You May Need a Lawyer
You may need a lawyer for estate planning in Taguig, Philippines if you have complex assets, multiple beneficiaries, or if you want to ensure that your wishes are legally binding. A lawyer can help you navigate the legal requirements and draft documents such as wills, trusts, and powers of attorney.
Local Laws Overview
In Taguig, Philippines, estate planning is governed by the Civil Code, Family Code, and other relevant laws. It is important to understand how these laws affect the distribution of your assets and to ensure that your estate plan complies with local regulations.
Frequently Asked Questions
1. What is estate planning?
Estate planning is the process of arranging for the management and distribution of your assets after your death.
2. Do I need a will in Taguig, Philippines?
While not required by law, having a will can ensure that your assets are distributed according to your wishes.
3. What is a trust?
A trust is a legal arrangement where a trustee holds assets for the benefit of beneficiaries. It can be used to avoid probate and provide for minor children or individuals with special needs.
4. What is a power of attorney?
A power of attorney is a legal document that authorizes someone to make decisions on your behalf. It can be used for financial or healthcare decisions in the event of your incapacity.
5. How can estate planning help reduce taxes?
Estate planning can help minimize estate taxes by using strategies such as gifting, trusts, and charitable donations.
6. Can I change my estate plan?
Yes, you can update your estate plan as your circumstances change or if you wish to make revisions to beneficiaries or assets.
7. What happens if I die without a will in Taguig, Philippines?
If you die without a will, your assets will be distributed according to the laws of intestacy, which may not reflect your wishes.
8. How can I protect my assets for future generations?
You can protect your assets for future generations by setting up trusts, establishing charitable foundations, and creating a comprehensive estate plan.
9. Do I need a lawyer for estate planning in Taguig, Philippines?
While not required, having a lawyer can ensure that your estate plan is legally sound and that your wishes are properly documented.
10. How much does estate planning cost in Taguig, Philippines?
The cost of estate planning can vary depending on the complexity of your assets and your specific needs. It is important to discuss fees with your lawyer before proceeding with any legal services.
Additional Resources
For more information on estate planning in Taguig, Philippines, you can contact the Integrated Bar of the Philippines or consult with a local estate planning lawyer for personalized advice.
Next Steps
If you need legal assistance with estate planning in Taguig, Philippines, it is recommended to consult with a qualified lawyer who specializes in this area of law. They can help you understand your options, draft necessary documents, and ensure that your estate plan reflects your wishes and complies with local laws.
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.