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United States Estate Planning 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
How to protect property from squatters law
Estate Planning
Elder Law
Landlord & Tenant
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 Ann Arbor, United States:

Estate planning involves making decisions about how your assets will be managed and distributed after your passing. In Ann Arbor, United States, estate planning laws govern wills, trusts, healthcare directives, and powers of attorney.

Why You May Need a Lawyer:

You may need a lawyer for estate planning to ensure your wishes are legally binding. Common situations where legal help is necessary include drafting a will, establishing a trust, minimizing estate taxes, and creating healthcare directives.

Local Laws Overview:

In Ann Arbor, United States, estate planning laws are governed by state regulations. Key aspects include probate procedures, estate tax laws, and regulations on trusts and healthcare directives.

Frequently Asked Questions:

1. What is the difference between a will and a trust?

A will dictates how your assets will be distributed after your passing, while a trust allows you to transfer assets to beneficiaries during your lifetime.

2. Do I need an estate plan if I don't have many assets?

Yes, having an estate plan ensures your wishes are followed and can help prevent family disputes over assets.

3. How can I minimize estate taxes?

You can minimize estate taxes through strategies such as gifting assets during your lifetime and establishing trusts.

4. Can I change my estate plan if my circumstances change?

Yes, you can update your estate plan as needed to reflect changes in your life, such as marriage, divorce, or the birth of children.

5. What is a healthcare directive?

A healthcare directive, or living will, outlines your wishes for medical treatment if you become unable to communicate them yourself.

6. How do I choose an executor for my estate?

You should choose someone you trust to carry out your wishes and handle the distribution of your assets.

7. What is the role of a power of attorney?

A power of attorney allows someone to make financial or healthcare decisions on your behalf if you become incapacitated.

8. What happens if I die without an estate plan?

If you die without an estate plan, your assets will be distributed according to state intestacy laws, which may not align with your wishes.

9. How long does probate typically take in Ann Arbor?

Probate can take several months to a year or longer, depending on the complexity of the estate and any disputes that may arise.

10. How much does it cost to hire an estate planning lawyer in Ann Arbor?

The cost of hiring an estate planning lawyer can vary depending on the complexity of your estate and the services required. It is important to discuss fees upfront with your attorney.

Additional Resources:

For additional resources on estate planning in Ann Arbor, consider contacting the Michigan Bar Association or the Ann Arbor Probate Court for guidance and information.

Next Steps:

If you are in need of legal assistance for estate planning in Ann Arbor, it is recommended to schedule a consultation with an experienced estate planning lawyer who can provide personalized guidance based on your individual needs and circumstances.

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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.