Best Trusts Lawyers in Mandaue City

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List of the best lawyers in Mandaue City, Philippines

Recososa Law Firm

Mandaue City, Philippines

Founded in 2020

11 people in their team

www.facebook.com

English

Tagalog

All Specialization Law Firm & Notary Public located at the heart of Cebu City In IT Park Lahug. From Commercial Law, Labor Law, Immigration Law, Criminal Law such as Estafa, Cybercrime like Cyberlibel, Defamation, Fraud, Criminal Prosecution, Civil Law, Land Dispute, Land Registration,...

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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.

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About Trusts Law in Mandaue City, Philippines

Trusts in Mandaue City, Philippines, refer to legal arrangements where one party (the trustor) entrusts a trustee to hold assets on behalf of another person (the beneficiary). Trusts are often used to manage and protect assets, provide for loved ones, and plan for the distribution of wealth.

Why You May Need a Lawyer

You may need a lawyer specializing in trusts in Mandaue City if you are looking to create a trust, modify an existing trust, dispute trust terms, or handle complex trust administration. A lawyer can provide guidance on trust laws and ensure that your interests are protected throughout the process.

Local Laws Overview

In Mandaue City, trusts are governed by the Civil Code of the Philippines, as well as relevant local regulations. It is important to work with a lawyer familiar with local laws to ensure that your trust complies with all legal requirements and is properly executed.

Frequently Asked Questions

1. What is a trust?

A trust is a legal arrangement where a trustor transfers assets to a trustee to hold and manage for the benefit of one or more beneficiaries.

2. How do I create a trust in Mandaue City?

To create a trust in Mandaue City, you will need to draft a trust document outlining the terms of the trust, appoint a trustee, and transfer assets to the trust.

3. Can I modify an existing trust?

Modifying an existing trust may be possible depending on the terms of the trust document and local laws. It is recommended to consult with a lawyer to understand your options.

4. What is the role of a trustee?

A trustee is responsible for managing trust assets, following the terms of the trust document, and acting in the best interests of the beneficiaries.

5. How are trusts taxed in Mandaue City?

Trusts may be subject to income tax and estate tax in Mandaue City. It is advisable to seek advice from a tax professional to understand the tax implications of your trust.

6. What happens if a dispute arises involving a trust?

If a dispute arises involving a trust, parties may seek resolution through mediation, arbitration, or litigation. A lawyer can help navigate the legal process and protect your rights.

7. Can I dissolve a trust?

Dissolving a trust may be possible under certain circumstances, such as when the trust's purpose has been fulfilled or becomes impossible to achieve. Consult with a lawyer to discuss the process of dissolving a trust.

8. How can a lawyer help with trust administration?

A lawyer can assist with trust administration by ensuring compliance with legal requirements, preparing necessary documentation, and guiding trustees in fulfilling their duties.

9. What are the benefits of creating a trust?

Creating a trust can help protect assets, provide for loved ones, avoid probate, and maintain privacy in asset distribution. A lawyer can help you understand the benefits of establishing a trust.

10. How do I choose the right lawyer for my trust-related needs?

When selecting a lawyer for trust-related matters, consider their experience, expertise in trust law, reputation, and communication style. It is essential to work with a lawyer you trust and feel comfortable with.

Additional Resources

For additional resources related to trusts in Mandaue City, you can contact the Integrated Bar of the Philippines (IBP) Mandaue City Chapter or visit the official website of the Philippine government for relevant laws and regulations.

Next Steps

If you need legal assistance with trusts in Mandaue City, it is recommended to schedule a consultation with a qualified trust lawyer. During the consultation, discuss your specific needs and concerns to determine the best course of action for your trust-related matters.

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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.