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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 United States:
Civil and Human Rights in the United States are fundamental principles that protect individuals from discrimination, ensure equal treatment, and guarantee basic freedoms. These rights are enshrined in the Constitution, federal laws, and state statutes to uphold the dignity and equality of all people.
Why You May Need a Lawyer:
You may need a lawyer in situations involving discrimination, harassment, wrongful termination, or violation of your civil liberties. A lawyer can help you navigate complex legal processes, advocate for your rights, and seek justice on your behalf.
Local Laws Overview:
Local laws in the United States vary by state and municipality, but key aspects related to Civil & Human Rights include protections against discrimination based on race, gender, religion, disability, and other factors. It's essential to be aware of your rights under both federal and local laws to ensure fair treatment and access to justice.
Frequently Asked Questions:
1. What are Civil Rights?
Civil Rights are the rights of individuals to be treated equally and fairly under the law, regardless of characteristics such as race, gender, or disability.
2. What are Human Rights?
Human Rights are basic rights and freedoms that all individuals are entitled to, such as the right to life, liberty, and security of person.
3. What is Discrimination?
Discrimination is the unjust or prejudicial treatment of individuals based on factors such as race, gender, religion, or disability.
4. How can I file a discrimination complaint?
You can file a discrimination complaint with the Equal Employment Opportunity Commission (EEOC) or a similar state agency that handles civil rights violations.
5. What is a Civil Rights lawsuit?
A Civil Rights lawsuit is a legal action taken against an individual or entity for violating your civil liberties, seeking remedies such as compensation or injunctive relief.
6. Can I be fired for asserting my Civil Rights?
No, it is illegal for an employer to retaliate or discriminate against you for asserting your Civil Rights.
7. What is the Americans with Disabilities Act (ADA)?
The ADA is a federal law that prohibits discrimination against individuals with disabilities in all areas of public life, including employment, education, and public accommodations.
8. What is Title IX?
Title IX is a federal law that prohibits sex-based discrimination in education programs or activities that receive federal financial assistance.
9. How do I find a Civil Rights lawyer?
You can search for Civil Rights lawyers in your area through bar associations, legal directories, or referrals from friends and family.
10. What is the statute of limitations for Civil Rights cases?
The statute of limitations for Civil Rights cases varies by state and type of claim, so it's important to consult with a lawyer to determine the time frame in which you must file a lawsuit.
Additional Resources:
For additional information and support on Civil & Human Rights in the United States, you can contact organizations such as the American Civil Liberties Union (ACLU), the NAACP Legal Defense and Educational Fund, or your local Human Rights Commission.
Next Steps:
If you believe your Civil or Human Rights have been violated, it's important to seek legal advice promptly. Contact a qualified Civil Rights lawyer to discuss your options and determine the best course of action to protect your rights and seek justice.
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.