Best Estate Planning Lawyers in Anaheim
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List of the best lawyers in Anaheim, United States
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United States Estate Planning Legal Questions answered by Lawyers
Browse our 2 legal questions about Estate Planning in United States and the lawyer answers, or ask your own questions for free.
- 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
- How to protect property from squatters law
- After completing probate to establish yourself as the legal heir, you can transfer the property title to your name and then grant them permission to reside there through a formal agreement.It is worthy to note that you can do it through special attorney.
About Estate Planning Law in Anaheim, United States
Estate planning involves organizing your assets and making legal arrangements for their management and distribution upon your death or if you become incapacitated. In Anaheim, California, estate planning encompasses preparing documents such as wills, trusts, powers of attorney, and advance health care directives. The goal is to ensure your wishes are honored, minimize taxes, and provide for your loved ones in accordance with state and local regulations. Anaheim, as part of Orange County, follows California state laws regarding estate planning but also has its own unique community and probate court considerations.
Why You May Need a Lawyer
Many people think estate planning is only about distributing wealth after death, but it covers far more. You may need a lawyer for estate planning in Anaheim if you:
- Have minor children and wish to name guardians
- Own real estate, especially if it is jointly owned or located in multiple states
- Seek to avoid the lengthy and costly probate process for your heirs
- Have specific wishes for medical care if you are incapacitated
- Want to minimize state and federal estate or inheritance taxes
- Are involved in a blended family or have concerns about equitable distribution to children or stepchildren
- Own a business and want to plan for succession
- Have a family member with special needs and want to ensure their financial security without jeopardizing their benefits
- Wish to create a charitable legacy
- Have a complex estate or unique assets that require detailed planning
Local Laws Overview
Estate planning in Anaheim is primarily governed by California state law, but local practice and county probate courts also play significant roles. Key aspects to consider include:
- Probate Process in Orange County: Wills typically must be filed with the Orange County Superior Court. The probate process can be time-consuming and public, but it can often be avoided or reduced with proper planning.
- Community Property: As California is a community property state, assets acquired during marriage are typically owned jointly, which directly affects inheritance and estate division.
- Trusts: Revocable living trusts are commonly used in Anaheim to avoid probate, provide privacy, and offer flexible asset management while you are alive and after your death.
- Advance Health Care Directives: These are essential to ensure your medical preferences are respected. California requires specific forms and language for health care directives and powers of attorney.
- State and Local Taxes: While California currently does not have its own estate or inheritance tax, federal tax laws may still apply to larger estates.
Frequently Asked Questions
What is probate and can it be avoided in Anaheim?
Probate is the court-supervised process of validating a will and distributing assets. In Anaheim, you can often avoid probate by using living trusts, joint ownership with right of survivorship, or beneficiary designations on accounts.
Do I need a will if I already have a trust?
Yes, even with a living trust, it is wise to have a will, often called a “pour-over will,” to address any property that was not included in the trust before your death.
What happens if I die without a will in Anaheim?
If you die without a will, your estate will be distributed according to California’s intestate succession laws, which may not reflect your personal wishes.
Are handwritten wills legal in Anaheim?
Yes, California recognizes handwritten (holographic) wills, but specific requirements must be met, and they can be challenged or cause delays in probate.
Who can serve as an executor or trustee?
Any competent adult can serve as an executor or trustee, but many people choose someone they trust or a professional fiduciary for this responsibility.
How often should I update my estate plan?
Review your estate plan after any major life event or every three to five years, or if there are significant changes in the law, your assets, or your personal circumstances.
Do estate plans cover medical decisions?
Yes, advance health care directives and durable powers of attorney for health care allow you to specify your medical preferences and designate someone to make decisions if you are unable.
How are estate taxes handled in Anaheim?
Currently, California does not assess a state estate or inheritance tax, but federal estate tax may apply to large estates above the IRS exemption threshold.
Can I exclude someone from my will?
Generally, yes, but certain rules apply regarding spouses and, in some cases, minor children. It is best to work with an attorney to ensure your wishes are clearly and legally documented.
What is a power of attorney and do I need one?
A power of attorney allows someone you trust to handle financial or legal matters if you cannot. It is a vital part of comprehensive estate planning in Anaheim.
Additional Resources
- Orange County Superior Court Probate Division - Handles probate filings, estate administration, and guardianships.
- California State Bar - Offers lawyer referral services and consumer guides on estate planning.
- California Department of Aging - Provides resources on advance health care directives and elder law.
- Local County Law Libraries - Offer free resources and sometimes workshops on estate planning.
- Anaheim Senior Citizen Services - May provide community workshops or referrals to reputable estate planning attorneys.
Next Steps
If you are considering starting or updating your estate plan in Anaheim, here is a simple guide to get started:
- Identify your assets and outline your wishes for their distribution
- Think about who you would name as executor, guardian, trustee, or power of attorney
- Gather any current estate planning documents you already have
- Consult with a qualified Anaheim estate planning attorney to review your situation, address local and state law requirements, and properly draft or revise documents
- Keep your loved ones informed about the location of your estate planning documents
- Review and update your estate plan as your life, laws, and assets change
Seeking professional legal guidance ensures your estate plan is valid, comprehensive, and tailored to your specific circumstances in Anaheim.
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.