Best Estate Planning Lawyers in Trece Martires City
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List of the best lawyers in Trece Martires City, 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 Trece Martires City, Philippines:
Estate planning in Trece Martires City, Philippines involves the preparation of documents to ensure that your assets are distributed according to your wishes upon your death. This may include wills, trusts, powers of attorney, and healthcare directives.
Why You May Need a Lawyer:
You may need a lawyer for estate planning in Trece Martires City if you have a complex estate, multiple beneficiaries, concerns about estate taxes, or if you want to ensure that your assets are protected and distributed efficiently.
Local Laws Overview:
In Trece Martires City, Philippines, estate planning is governed by the Civil Code, Family Code, and other relevant laws. These laws dictate how assets are distributed upon death, the validity of wills and trusts, and the rights of heirs and beneficiaries.
Frequently Asked Questions:
1. What is the difference between a will and a trust?
A will outlines how your assets will be distributed upon your death, while a trust allows you to transfer assets to a trustee for the benefit of your beneficiaries while you are still alive and after your death.
2. Do I need a lawyer to create an estate plan?
While it is possible to create a basic estate plan without a lawyer, consulting with a legal professional can ensure that your plan is comprehensive and legally valid.
3. How often should I update my estate plan?
It is recommended to review and update your estate plan every three to five years, or whenever there is a major life event such as marriage, divorce, or the birth of a child.
4. How can I reduce estate taxes through estate planning?
You can reduce estate taxes through techniques such as gifting assets during your lifetime, creating trusts, and taking advantage of tax exemptions and deductions.
5. What happens if I die without an estate plan in Trece Martires City?
If you die without an estate plan, your assets will be distributed according to intestacy laws in Trece Martires City, which may not align with your wishes.
6. Can I contest a will in Trece Martires City?
Yes, you can contest a will in Trece Martires City if you believe it was created under duress, fraud, or if the testator lacked mental capacity.
7. 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. It is important in estate planning to ensure that your affairs are managed in the event of incapacity.
8. How can I protect my assets from creditors through estate planning?
You can protect your assets from creditors through techniques such as creating irrevocable trusts, utilizing asset protection accounts, and transferring assets to beneficiaries.
9. Are living trusts recognized in Trece Martires City?
Yes, living trusts are recognized in Trece Martires City and can be used to transfer assets to beneficiaries without the need for probate.
10. How much does it cost to hire an estate planning lawyer in Trece Martires City?
The cost of hiring an estate planning lawyer in Trece Martires City may vary depending on the complexity of your estate and the services required. It is recommended to consult with multiple lawyers to compare fees and services.
Additional Resources:
For additional resources on estate planning in Trece Martires City, you can contact the Integrated Bar of the Philippines (IBP) or the Philippine Bar Association for recommendations on reputable estate planning lawyers.
Next Steps:
If you are in need of legal assistance for estate planning in Trece Martires City, Philippines, it is recommended to schedule a consultation with a qualified estate planning lawyer to discuss your options and create 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.