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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: [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 Tempe, United States
Civil and human rights law in Tempe protects individuals from discrimination and ensures fair treatment in various aspects of daily life, such as employment, housing, education, and interactions with law enforcement. Tempe, located within the state of Arizona, is governed by both federal and state laws designed to protect individuals' fundamental freedoms and liberties. These rights ensure that everyone has equal protection under the law and the right to pursue life, liberty, and happiness without facing discrimination based on race, gender, religion, disability, sexual orientation, or other protected characteristics.
Why You May Need a Lawyer
There are many circumstances in which you may require the help of a civil and human rights lawyer in Tempe:
- You believe you have experienced discrimination in the workplace, such as being denied a job or promotion due to your race, gender, age, disability, or other protected status.
- You have been denied housing or faced unfair treatment by a landlord based on national origin, gender, familial status, or another protected characteristic.
- You feel your rights were violated during an encounter with law enforcement, such as being the victim of excessive force, wrongful arrest, or unlawful searches.
- You have concerns about free speech, freedom of religion, or freedom of assembly violations by government agencies or public officials.
- You are seeking to make a complaint about conditions in a public institution, such as schools or prisons, that may violate constitutional rights or anti-discrimination laws.
- You are the victim of hate crimes or harassment based on race, religion, sexual orientation, or similar grounds.
- You have been denied access or reasonable accommodations due to a disability in public services, schools, or businesses.
Local Laws Overview
Tempe enforces civil and human rights protections through a combination of federal, state, and city laws. Key laws and principles include:
- Federal Laws: Important federal protections include Title VII of the Civil Rights Act, the Americans with Disabilities Act (ADA), the Fair Housing Act, and the First and Fourteenth Amendments to the U.S. Constitution. These protect against discrimination and guarantee fundamental freedoms.
- Arizona State Laws: The Arizona Civil Rights Act provides additional protections against discrimination in employment, housing, and public accommodations. Arizona also prohibits discrimination based on age, race, color, national origin, religion, disability, and sex in certain contexts.
- City of Tempe Ordinances: The City of Tempe has local ordinances protecting individuals from discrimination based on sexual orientation, gender identity, ethnicity, and more in employment, housing, and public spaces. The Tempe Office of Diversity and Inclusion is tasked with promoting equal rights within the city.
- Law Enforcement Accountability: Tempe Police Department is subject to city and state oversight for matters involving excessive force, wrongful detention, and public complaint processes to ensure civil rights are protected.
- Public Education and Accessibility: Local schools and businesses are required to comply with accessibility laws, including those for people with disabilities, through federal and state statutes.
Frequently Asked Questions
What types of discrimination are illegal in Tempe?
Discrimination based on race, color, religion, sex, national origin, age, disability, sexual orientation, gender identity, and familial status is illegal in most contexts, especially in employment, housing, and public accommodations.
What should I do if I believe my civil rights have been violated in Tempe?
Document all relevant facts and contact a civil and human rights lawyer as soon as possible. In addition, you may report incidents to local or state enforcement agencies or file a complaint with the appropriate federal body.
Can I file a complaint with Tempe city officials for discrimination?
Yes. The Tempe Office of Diversity and Inclusion handles discrimination complaints. They can guide you through the reporting and investigation process.
How long do I have to file a civil rights complaint in Tempe?
Time limits, or statutes of limitations, vary depending on the specific type of claim and whether it is under federal, state, or local law. It is best to consult an attorney promptly to understand specific deadlines.
Are there protections for LGBTQ+ individuals in Tempe?
Yes. Tempe city ordinances prohibit discrimination based on sexual orientation and gender identity in employment, housing, and public accommodations.
What are my rights during interactions with police in Tempe?
You have the right to remain silent, the right to an attorney, and the right to be free from unreasonable searches and seizures. You are also protected from excessive force and should not be discriminated against based on protected characteristics.
Can I sue for emotional distress caused by discrimination?
In many cases, yes. If you have suffered emotional distress due to illegal discrimination or rights violations, you may be eligible for compensation through a civil lawsuit.
What accommodations must be made for people with disabilities?
Public spaces, workplaces, schools, and housing providers must make reasonable accommodations, such as accessible entrances, modified communication formats, or adjusted work duties, to ensure equal access for people with disabilities.
Is retaliation for reporting discrimination illegal?
Yes. It is illegal for an employer, landlord, or any other covered entity to retaliate against you for filing a complaint or participating in an investigation related to discrimination or rights violations.
How do I find a qualified civil and human rights attorney in Tempe?
You can search through the State Bar of Arizona, reach out to local advocacy groups, or ask for referrals from legal aid organizations that serve the Tempe area.
Additional Resources
Individuals seeking support and legal advice on civil and human rights issues in Tempe can consider contacting:
- Tempe Office of Diversity and Inclusion: Provides resources and support for discrimination complaints.
- Arizona Civil Rights Division: Handles complaints about discrimination in employment, housing, and public accommodations statewide.
- State Bar of Arizona Legal Referral Service: Offers a directory of attorneys and legal services in various specialties, including civil rights.
- ACLU of Arizona: Advocates for civil liberties and offers resources for individuals facing rights violations.
- Arizona Center for Disability Law: Focuses on protecting and advocating for the rights of individuals with disabilities.
- U.S. Equal Employment Opportunity Commission (EEOC): Handles federal employment discrimination cases.
- U.S. Department of Housing and Urban Development (HUD), Fair Housing Division: Accepts complaints regarding housing discrimination.
- Local legal aid organizations: Such as Community Legal Services, offer free or low-cost legal help for qualifying individuals.
Next Steps
If you believe your civil or human rights have been violated or if you simply have questions about your legal protections, consider the following steps:
- Gather all documentation and details related to your situation, including dates, times, names, and any communication or evidence.
- Contact a qualified civil and human rights attorney in Tempe for a legal consultation. Most attorneys offer an initial assessment of your case.
- Explore filing a formal complaint with the appropriate local, state, or federal agency if advised by your lawyer.
- Take advantage of support services offered by advocacy groups and legal aid organizations in Tempe and across Arizona.
- Stay informed about your rights and responsibilities under federal, state, and local laws by accessing educational materials provided by government agencies and trusted organizations.
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.