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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 Maine, United States
Civil and Human Rights law is a cornerstone of justice in Maine, safeguarding individuals from discrimination, unfair treatment, and the violation of their fundamental freedoms. These laws protect people in areas such as employment, housing, education, public accommodations, and interactions with the government or law enforcement. In Maine, both state and federal laws work together to protect rights such as freedom of speech, freedom from discrimination, access to due process, and equal protection under the law. The Maine Human Rights Act is a primary state law ensuring these protections for all residents.
Why You May Need a Lawyer
There are many situations in which consulting with a civil or human rights attorney can be critical. People often seek legal assistance when they believe their rights have been violated in the workplace through discrimination, wrongful termination, or harassment. Similarly, tenants or homeowners might need representation in cases involving discriminatory housing practices. Students facing unequal treatment in schools, victims of hate crimes, and individuals subject to excessive force or misconduct by law enforcement also frequently require legal support. In these complex and often emotionally charged situations, a lawyer can help navigate the legal process, protect your interests, and pursue justice or compensation.
Local Laws Overview
Maine’s civil and human rights protections are established through the Maine Human Rights Act, which broadly prohibits discrimination based on race, color, religion, sex, sexual orientation, gender identity, national origin, age, physical or mental disability, or familial status. This law covers employment, housing, education, credit, and public accommodations throughout the state. Maine courts also uphold constitutional rights such as freedom of speech, assembly, and due process. The Maine Civil Rights Act provides remedies for hate crimes and unlawful interference with civil rights. Additionally, federal laws like the Civil Rights Act of 1964 and the Americans with Disabilities Act apply in Maine, often working in tandem with state statutes to provide robust protections.
Frequently Asked Questions
What types of discrimination are prohibited under Maine law?
Maine law prohibits discrimination based on race, color, religion, sex, sexual orientation, gender identity, age, physical or mental disability, familial status, and national origin in employment, housing, public accommodations, and more.
What should I do if I believe my civil rights have been violated?
Document the incident in as much detail as possible, gather any relevant evidence, and consider consulting a civil rights attorney. You may also file a complaint with the Maine Human Rights Commission.
How long do I have to file a discrimination complaint in Maine?
Generally, discrimination complaints must be filed with the Maine Human Rights Commission within 300 days of the alleged violation, but timelines may vary based on the specifics of your case.
What is the Maine Human Rights Commission?
The Maine Human Rights Commission is a state agency that investigates complaints of discrimination and works to enforce civil rights laws in Maine. They offer guidance and help mediate disputes.
Are both public and private employers subject to Maine’s civil rights laws?
Yes, both public and private employers are generally covered, although some protections may apply only to employers with a certain number of employees. Check with an attorney or the Commission to confirm applicability.
Can I take legal action if I experience police misconduct?
Yes, you may be able to file a lawsuit under the Maine Civil Rights Act or federal laws if you experience excessive force, false arrest, or other misconduct. Consulting an attorney is recommended for such cases.
What happens after I file a complaint with the Maine Human Rights Commission?
The Commission will investigate the complaint, may attempt mediation between the parties, and can issue findings or refer the matter for legal action if necessary.
Am I protected from retaliation if I file a discrimination complaint?
Yes, it is illegal for employers, landlords, or others to retaliate against you for exercising your civil rights, such as filing a complaint or participating in an investigation.
Do Maine’s laws protect people with disabilities?
Yes, Maine law prohibits discrimination based on physical or mental disability in employment, housing, public accommodations, and access to programs and services.
Is sexual orientation and gender identity protected in Maine?
Yes, Maine state law specifically prohibits discrimination based on sexual orientation and gender identity in most areas, including employment and housing.
Additional Resources
If you need further assistance or information on civil and human rights in Maine, consider reaching out to the following organizations and agencies:
- Maine Human Rights Commission
- Maine Attorney General’s Civil Rights Team Project
- American Civil Liberties Union (ACLU) of Maine
- Pine Tree Legal Assistance
- Disability Rights Maine
- Maine Equal Justice
- United States Department of Justice Civil Rights Division
Next Steps
If you believe your civil or human rights have been violated in Maine, start by gathering any relevant documentation and details about your situation. Reach out to trusted organizations that can offer support or guidance, such as the Maine Human Rights Commission or local legal aid organizations. For complex or urgent cases, consulting an experienced civil and human rights attorney is often the best way to understand your rights and potential paths forward. Attorneys can help you assess your case, protect your interests, and file the necessary complaints or lawsuits to seek justice. Taking timely action is important, as there may be strict deadlines for filing certain types of claims.
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.