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- My husband passed away five years ago. We have a property in th Philippines and I would like to transfer everything to my child. We are now residing in California, as U.S. citizens and my late husband a Filipino citizen.c
- Hello:We are sorry to hear about the passing of your husband, and we extend our deepest condolences.Regarding your concern, since your husband was a Filipino citizen and you are now both U.S. citizens residing in California, the property transfer to your child in the Philippines can be lawfully facilitated under Philippine succession laws.Here are some important legal points and possible remedies:1. Extrajudicial Settlement of Estate (if there is no will)If your husband died intestate (without a will), and there are no other compulsory heirs aside from your child, you may execute an Extrajudicial Settlement of Estate with Waiver of Rights in favor of your child. This must be:Signed by you as the surviving spouse,Notarized and registered with the Registry of Deeds,Accompanied by a notarized Affidavit of Self-Adjudication or Waiver, if applicable.If the property is titled in your husband's name, the title must be transferred first to the estate, and then to your child.2. Judicial Settlement (if there is a dispute or complications)If:There are other legal heirs,There is no agreement on the partition,Or if a will exists that needs probate,Then a petition for judicial settlement must be filed before the Philippine court having jurisdiction over the property.3. Tax Clearance & Title TransferTo legally transfer the title, the following must also be secured:BIR Certificate Authorizing Registration (CAR),Estate tax clearance,Updated real property tax payments,Transfer of title with the Registry of Deeds.We recommend an initial consultation so we can properly review your husband’s death certificate, property documents, marriage certificate, and your child’s proof of identity. This way, we can assist you in completing all required steps without requiring you to travel to the Philippines.You may directly schedule and automatically get a Google Meet link using the link below:👉 https://calendar.app.google/MuALV3nLqedy9FCx6Our Contact Information:📧 Email: recososalawfirm@gmail.com📞 Phone/Viber/WhatsApp: 09175046510📍 Office: 5th Floor, Park Centrale Building, IT Park, Apas, Cebu City, 6000We look forward to helping you secure your child’s rightful inheritance.Best,Atty. Jofre RecososaOwner, Recososa Law Firm
About Civil & Human Rights Law in Idaho, United States
Civil and human rights laws protect individuals from discrimination, unfair treatment, and abuses of power. These rights are essential to ensure equality, dignity, and justice, regardless of a person's background, beliefs, or identity. In Idaho, civil and human rights laws encompass federal protections under the United States Constitution as well as state laws specifically created to address issues such as workplace discrimination, freedom of expression, due process, and equal access to public services. While Idaho follows federal civil rights statutes, the state has also enacted regulations and agencies to address the unique concerns of its residents.
Why You May Need a Lawyer
There are a variety of situations in which Idaho residents may need legal help with civil and human rights issues. Some common scenarios include:
- Experiencing workplace discrimination based on race, color, religion, sex, national origin, age, disability, or pregnancy
- Facing discrimination in housing or public accommodations
- Encountering issues related to free speech, assembly, or religious practice
- Violations of due process or equal protection by law enforcement or public officials
- Dealing with harassment, hate crimes, or threats based on identity or beliefs
- Problems accessing government services or education because of discrimination
A lawyer experienced in civil and human rights law can help you understand your rights, evaluate your situation, gather evidence, represent you before agencies or courts, and work towards a fair resolution or justice.
Local Laws Overview
Idaho's civil and human rights protections are grounded in both federal law and state statutes. The Idaho Human Rights Act is the main state law that prohibits discrimination in employment, housing, education, and certain public accommodations on the basis of race, color, religion, sex, national origin, disability, and age. Although Idaho law does not explicitly include sexual orientation or gender identity in its anti-discrimination laws, some cities such as Boise and Moscow have passed local ordinances providing additional protections.
The Idaho Human Rights Commission is the state agency responsible for investigating complaints relating to discrimination. Federal protections, such as those under the Civil Rights Act of 1964 and the Americans with Disabilities Act, also apply in Idaho. Understanding how state and local ordinances relate to federal laws is important for anyone pursuing a civil or human rights claim in Idaho.
Frequently Asked Questions
What rights are protected under Idaho’s civil and human rights laws?
Idaho protects rights related to employment, housing, education, and public accommodations, especially freedom from discrimination based on race, color, religion, sex, national origin, disability, and age.
Where can I file a discrimination complaint in Idaho?
You can file a complaint with the Idaho Human Rights Commission, which handles discrimination cases in employment, housing, and education, or with relevant federal agencies.
Does Idaho law protect against discrimination based on sexual orientation or gender identity?
Idaho state law does not currently include sexual orientation or gender identity in its anti-discrimination statutes, but some cities have enacted local ordinances offering these protections.
What is the time limit for filing a discrimination complaint in Idaho?
Generally, complaints must be filed within 365 days of the discriminatory act with the Idaho Human Rights Commission, but time frames may vary depending on the issue and agency.
Can I sue my employer for workplace discrimination?
Yes, after filing a complaint with the Idaho Human Rights Commission or EEOC and obtaining a right-to-sue notice, you may pursue a lawsuit in court.
What should I do if a government official violates my rights?
Document the incident, seek legal advice, and consider filing a complaint with the appropriate agency or court. An attorney can advise on claims under state and federal law.
Are there protections for people with disabilities in Idaho?
Yes, Idaho follows the federal Americans with Disabilities Act and state laws protecting individuals from discrimination in employment and public services.
Who enforces civil and human rights laws in Idaho?
The Idaho Human Rights Commission enforces state-level civil rights laws, while federal agencies like the Equal Employment Opportunity Commission have oversight at the national level.
Can I be retaliated against for filing a civil rights complaint?
It is illegal for an employer or other party to retaliate against you for asserting your civil and human rights or filing a complaint about discrimination.
How can I find legal help for a civil or human rights issue in Idaho?
You may contact legal aid organizations, state agencies, private attorneys, or bar associations for guidance and representation in civil and human rights matters.
Additional Resources
Several organizations and agencies can provide assistance and information on civil and human rights in Idaho:
- Idaho Human Rights Commission: State agency accepting and investigating discrimination complaints
- Idaho Legal Aid Services: Provides legal assistance for low-income residents with civil rights matters
- ACLU of Idaho: Advocates for civil liberties and offers resources for various civil rights issues
- U.S. Equal Employment Opportunity Commission (EEOC): Handles federal employment discrimination complaints
- U.S. Department of Housing and Urban Development (HUD): Addresses housing discrimination
- Local city human rights commissions or offices in municipalities such as Boise or Moscow
Next Steps
If you believe that your civil or human rights have been violated in Idaho, take these steps:
- Document the incident, including dates, witnesses, and any relevant evidence.
- Contact the Idaho Human Rights Commission or the relevant local or federal agency to discuss your situation and how to file a complaint.
- Consult a lawyer experienced in civil and human rights law to review your case and help you understand your options.
- If you need financial assistance, reach out to legal aid organizations that may offer free or reduced-cost support.
- Stay informed about timelines and requirements, as there are deadlines for filing complaints and pursuing legal action.
Taking early action and gathering information is critical. Professional legal advice can make a significant difference in protecting your rights and achieving a fair outcome.
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.