Best Trusts Lawyers in City of Muntinglupa
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Philippines Trusts Legal Questions answered by Lawyers
Browse our 2 legal questions about Trusts 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.
- Who will be the legal heir upon death of both parents
- According the Greek Civil Code, there are two systems of succession, testamentary and intestate succession. Intestate succession includes only in bolld relatives, which means that without a last will legally validated sons in law cannot become heirs after their father in law passes away.
About Trusts Law in City of Muntinglupa, Philippines:
Trusts in the City of Muntinlupa, Philippines, refer to legal arrangements where a person, known as the settlor, transfers property to another person, known as the trustee, to hold and manage for the benefit of a third party, known as the beneficiary. Trusts are often used for estate planning, asset protection, charitable purposes, and managing finances for minors or individuals with disabilities.
Why You May Need a Lawyer:
You may need a lawyer for help in creating a trust, interpreting trust documents, resolving disputes among beneficiaries or trustees, ensuring proper administration of a trust, modifying or terminating a trust, or addressing tax implications related to trusts.
Local Laws Overview:
In the City of Muntinlupa, Philippines, trusts are governed by the Civil Code of the Philippines, specifically Articles 1443 to 1491. It is important to understand the rules surrounding the creation, administration, modification, and termination of trusts, as well as the legal rights and obligations of trustees and beneficiaries.
Frequently Asked Questions:
1. What is a trust?
A trust is a legal arrangement where a person transfers property to another person to hold and manage for the benefit of a third party.
2. How do I create a trust in Muntinlupa?
To create a trust in Muntinlupa, you need to create a trust document detailing the terms and conditions of the trust and transfer property to a trustee.
3. What are the duties of a trustee?
Trustees have a duty to act in the best interests of the beneficiaries and to manage the trust property prudently and in accordance with the trust document.
4. Can a trust be revoked or modified?
Depending on the terms of the trust, it may be possible to revoke or modify a trust with the consent of all parties involved or through a court order.
5. What happens if a trustee breaches their duties?
If a trustee breaches their duties, they may be held liable for any losses incurred by the trust and may be removed from their position.
6. Are trusts subject to taxation in Muntinlupa?
Yes, trusts are subject to taxation in Muntinlupa. It is important to consult with a tax advisor or lawyer to understand the tax implications of a trust.
7. Can I name myself as a trustee and beneficiary of a trust?
Yes, you can name yourself as a trustee and beneficiary of a trust, but you may need to appoint a successor trustee to manage the trust in the event of your incapacity or death.
8. Can a trust help with estate planning?
Yes, trusts are commonly used for estate planning to pass on assets to beneficiaries outside of probate and to minimize estate taxes.
9. How can I find a trust lawyer in Muntinlupa?
You can search for trust lawyers in Muntinlupa through legal directories, referrals from friends or family, or by contacting the Muntinlupa City Bar Association.
10. Is it necessary to have a lawyer to create a trust?
While it is not legally required to have a lawyer create a trust, it is highly recommended to ensure that the trust is legally valid, properly drafted, and aligns with your intentions.
Additional Resources:
For more information on trusts in Muntinlupa, you may contact the Office of the City Prosecutor or the Integrated Bar of the Philippines - Muntinlupa Chapter.
Next Steps:
If you require legal assistance with trusts in Muntinlupa, consider scheduling a consultation with a trust lawyer to discuss your specific needs and options for establishing or managing a trust.
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.