Best Estate Planning Lawyers Near You
Share your needs with us, get contacted by law firms.
Free. Takes 2 min.
Or refine your search by selecting a city:
List of the best lawyers
Browse estate planning law firms by country
Refine your search by selecting a country.
Estate Planning Legal Questions answered by Lawyers
Browse our 12 legal questions about Estate Planning and the lawyer answers, or ask your own questions for free.
- Inherited land
- يرجي الاتصال بنا 00966505577206
- 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
- Can I claim
- Hello:Thank you for sharing your situation. Assuming this matter involves the Philippine jurisdiction, let me clarify how the law generally works. Under the Civil Code of the Philippines, succession is governed by strict rules. Since your stepfather had no biological or adopted children, his heirs would be determined either by a.) his will if it was validly executed or b.) by intestate succession if no valid will exists.A key concern here is that you mentioned you signed as a witness to the will. Under Article 823 of the Civil Code, a witness to a will cannot inherit under that same will. This means that even if your stepfather left something for you, being a witness disqualifies you from receiving it. However, this does not entirely close the door. If there are other legal grounds such as a.) being treated as a compulsory heir through legal adoption (if he had adopted you), or b.) if your mother had rights over conjugal properties during their marriage, then your rights may come in indirectly.Since your stepfather’s property was originally under him and his first wife, the share of the deceased first wife should have already passed to her heirs. Your stepfather’s share, on the other hand, should follow either the will or intestate rules. If the will cannot be enforced due to technicalities, intestate succession applies. In intestacy, if your stepfather had no descendants, parents, or siblings, then the surviving spouse would have inherited. Given that your mother also passed away, her heirs, which includes you as her child, may inherit her transmissible share.What you can do now is a.) check the validity of the will to see if it complies with the formal requirements, b.) determine who the rightful heirs of both your stepfather and your mother are, and c.) pursue estate proceedings in court to settle the matter.We at Recososa Law Firm handle estate settlement cases like this. We have offices in Luzon, Visayas and Mindanao. We can schedule an initial consultation via Google Meet, Zoom, or a face-to-face meeting at our office to map out the inheritance path and your possible remedies. You may send us an email at recososalawfirm@gmail.com and kindly indicate that you are a client from LawZana, or call/text us directly at +639175046510.If this answers your question to your satisfaction, I hope it is not too much to ask to like and share our Facebook page and also leave us a review on our Google page below. Your support truly inspires us to continue helping more people: Google Page:https://g.page/r/CW7ozgJGLkAMEAI/reviewFacebook Page:https://www.facebook.com/RecososaLawFirmSincerely,ATTY. JOFRE B. RECOSOSAOwner/Managing PartnerRecososa Law FirmE-mail: recososalawfirm@gmail.comMobile/Viber/WhatsApp: +63-917-504-6510
About Estate Planning Law
Estate planning is the process of arranging the management and disposal of a person's estate during their life and after death. This practice aims to minimize uncertainties over the administration of a probate and maximize the value of the estate by reducing taxes and other expenses. The intent of estate planning often involves designating beneficiaries and making specific plans for assets to ensure that possessions are handed down according to the individual's wishes. Essential components of estate planning include wills, trusts, powers of attorney, beneficiary designations, and advanced healthcare directives.
Why You May Need a Lawyer
While some aspects of estate planning can be handled without professional assistance, many scenarios warrant the expertise of a lawyer:
- Complex Family Situations: If you have a blended family, minor children, or complex family dynamics, legal help can ensure that your estate plan reflects your personal circumstances.
- Large or Complex Estate: High net-worth individuals may need assistance with tax implications and asset protection strategies to ensure their estate is distributed as intended.
- Business Ownership: Transferring business ownership requires careful planning to handle succession smoothly and maintain business operations.
- Care for Dependents: If you have a dependent with special needs, legal advice can aid in setting up a special needs trust to care for them without losing government benefits.
Local Laws Overview
Estate planning laws can vary considerably based on locality and might include regulations regarding probate, inheritance tax, and succession rights. Some key aspects include:
- Probate Laws: Determining when and how assets are transferred under court supervision.
- Intestate Succession: Rules that apply when a person dies without a will, which vary by location.
- Spousal Elective Share: Provisions that protect a surviving spouse, ensuring they receive a portion of the estate regardless of the will's content.
- State-Specific Estate or Inheritance Tax: Some states impose taxes on the estate or the inheritance received by beneficiaries, impacting the net inheritance.
Frequently Asked Questions
What is a will?
A will is a legal document that outlines how a person's assets and affairs will be handled after their death, including the distribution of their property and care for minor children.
What happens if I die without a will?
If a person dies without a will, state laws determine how their assets are distributed, which may not align with their personal wishes.
What is a trust?
A trust is a fiduciary arrangement that allows a third party, or trustee, to hold assets on behalf of beneficiaries. Trusts can dictate how and when assets are distributed.
How often should I update my estate plan?
It's advisable to review your estate plan every few years or after major life events such as marriage, divorce, the birth of a child, or significant changes in financial status.
Can I make my estate plan myself?
While it is possible to create an estate plan without legal help, hiring an attorney ensures the plan complies with all legal requirements and accurately reflects your wishes.
What is probate?
Probate is a legal process that validates a will and oversees the distribution of a deceased person's assets. It can involve appraisals, tax payments, and addressing debts.
Is having a power of attorney important?
Yes, a power of attorney designates someone to make financial or healthcare decisions if you become incapacitated, ensuring those matters are handled according to your preferences.
What is an executor?
An executor is a person named in a will to manage the deceased's estate, ensuring debts are paid and assets are distributed in accordance with the will's instructions.
How can I minimize my estate taxes?
Strategies to minimize estate taxes might include creating trusts, making charitable donations, or gifting portions of your estate during your lifetime, all of which should be discussed with a financial advisor or attorney.
What is a living will?
A living will is a document that specifies your wishes regarding medical treatment if you are unable to communicate, often outlining preferences for life-sustaining measures.
Additional Resources
Several resources and organizations can provide helpful guidance and information on estate planning:
- Bar Association: Local bar associations often have resources or can recommend reputable estate planning lawyers.
- National Estate Planning Organizations: These can provide educational material and directories of qualified estate planners.
- Government Agencies: Departments such as the IRS provide information on tax implications and compliance related to estate planning.
- Financial Planners: Consulting with financial planners provides a comprehensive overview of how to manage and protect your financial assets.
Next Steps
If you think you might need legal assistance with estate planning, consider taking the following steps:
- Assess Your Needs: Consider your assets, dependents, and any unique family or financial situations requiring attention in your estate plan.
- Research Your Options: Identify estate planning attorneys or professionals in your area, focusing on those with good reputations and relevant experience.
- Consult Professionals: Schedule consultations with potential lawyers or estate planners to discuss your goals and their approaches to estate planning.
- Document Everything: Start organizing your important documents, including deeds, account statements, existing wills, or beneficiary designations.
- Consider Your Choices: Clearly define who you wish to designate for roles such as executor or trustee and decide on asset distribution strategies.
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.