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United States Civil & Human Rights Legal Questions answered by Lawyers

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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
Estate Planning
Civil & Human Rights
Probate
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: [email protected]📞 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 Roswell, United States

The field of Civil & Human Rights law in Roswell, United States, centers on protecting individuals' freedoms and ensuring equal treatment under the law. This area of law is embedded in broader state and federal legislation, focusing on eliminating discrimination and safeguarding the rights of individuals in various spheres of life, including employment, education, housing, and public accommodations. Roswell, being part of New Mexico, adheres to the Civil Rights Act alongside local ordinances that further define and protect the rights of its residents.

Why You May Need a Lawyer

Legal assistance may be required in various situations where civil rights issues arise. These could include instances of workplace discrimination, violations of fair housing laws, breaches of privacy, or unlawful searches and seizures. Victims of such violations may seek reparations or require legal defenses, and professional legal assistance ensures that their rights are adequately advocated and protected. Moreover, navigating the legal system can be complicated, and a lawyer offers clarity and guidance in pursuing justice.

Local Laws Overview

The state of New Mexico, including Roswell, is governed by both state and federal laws that address civil and human rights. Key aspects include the New Mexico Human Rights Act, which prohibits discrimination on the basis of race, color, sex, sexual orientation, gender identity, religion, ancestry, national origin, age, and disability. Local ordinances may provide additional protections or procedures for addressing grievances. These laws apply across various sectors, ensuring that all residents have recourse to address any violations of their civil liberties.

Frequently Asked Questions

What kind of discrimination is prohibited under New Mexico law?

Discrimination based on race, color, sex, sexual orientation, gender identity, religion, ancestry, national origin, age, and disability is prohibited in New Mexico.

Is there a local agency that handles civil rights complaints in Roswell?

Yes, the New Mexico Human Rights Bureau handles complaints related to civil rights violations. They provide guidance on filing and investigating complaints.

What should I do if I experience discrimination in the workplace?

You should document the incident, report it to your employer if safe to do so, and consult with a legal professional or the Human Rights Bureau to understand your rights and options.

Can a landlord refuse to rent to me based on my national origin?

No, under both federal Fair Housing Act and New Mexico laws, refusing to rent based on national origin is a form of discrimination and is illegal.

Are there specific protections for LGBTQ individuals in Roswell?

Yes, New Mexico law prohibits discrimination based on sexual orientation and gender identity, ensuring protections across various aspects of public life.

How can I file a civil rights complaint?

You can file a complaint through the New Mexico Human Rights Bureau either online, by mail, or in person. It is important to file as soon as possible since timelines apply.

Is retaliation against someone who files a discrimination complaint illegal?

Yes, it is illegal for employers, housing providers, or others to retaliate against someone who files a discrimination complaint.

Are there resources for individuals with disabilities facing discrimination?

Yes, individuals with disabilities have legal protection under the Americans with Disabilities Act, and there are local resources and advocacy groups that can assist.

What should I do if I believe my civil rights have been violated by law enforcement?

Document the details of the incident, seek legal advice, and consider filing a complaint with the appropriate oversight bodies or civil rights organizations.

Do civil rights laws apply to private businesses?

Yes, civil rights laws apply to private businesses, especially if they provide public accommodations or are engaged in employment, housing, or other publicly regulated sectors.

Additional Resources

For individuals seeking more information or assistance, several resources can be beneficial:

  • New Mexico Human Rights Bureau
  • American Civil Liberties Union (ACLU) of New Mexico
  • Legal Aid Society of New Mexico
  • National Association for the Advancement of Colored People (NAACP) Roswell Chapter
  • The Disability Rights New Mexico

Next Steps

If you are facing a civil or human rights issue in Roswell, it is crucial to take timely action. Begin by documenting any incidents thoroughly, seek consultations from civil rights lawyers in New Mexico, and engage with local advocacy groups for guidance and support. Utilize the resources provided to understand your rights fully and explore appropriate legal channels to address any violations. Legal advice should be sought to ensure the best possible outcome in your situation.

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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.