Best Estate Planning Lawyers in Aspen

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Balcomb & Green, P.C.
Aspen, United States

Founded in 1953
17 people in their team
English
Western Colorado’s Law FirmBalcomb & Green, P.C. is a law firm headquartered in Glenwood Springs, Colorado, with satellite offices in Aspen, Buena Vista and Lamar. Our attorneys represent clients throughout the State of Colorado and beyond. For over sixty years we have been providing...
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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
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 Aspen, United States

Estate planning is the legal process of preparing for the distribution of a person's assets and properties after their death. In Aspen, United States, estate planning laws are in place to ensure that a person's wishes regarding their estate are honored, and their loved ones are protected. A comprehensive estate plan may include a will, trusts, power of attorney, and healthcare directives.

Why You May Need a Lawyer

While estate planning can be done without legal assistance, consulting with an estate planning lawyer in Aspen is highly recommended. Some common situations where you may need a lawyer include:

  • If you have a complex estate with multiple assets and beneficiaries.
  • If you want to minimize estate taxes and ensure tax-efficient distribution.
  • If you have a blended family or non-traditional family structure.
  • If you want to establish a trust for the protection of your assets.
  • If you want to ensure your healthcare wishes are legally documented.

Local Laws Overview

Aspen has specific local laws and regulations that may impact estate planning. Some key aspects to consider include:

  • Colorado probate laws: Understanding the probate process in Colorado is essential for proper estate planning.
  • Inheritance tax laws: Colorado does not currently impose an inheritance tax.
  • Social Security and retirement benefits: Understanding how these benefits play into your estate plan is crucial.
  • Real estate laws: Aspen's unique real estate market may require special considerations when including properties in your estate plan.

Frequently Asked Questions

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

A will is a legal document that specifies how your assets will be distributed after your death. A trust, on the other hand, allows you to transfer your assets to a separate legal entity to be managed and distributed according to your instructions while you're still alive or after your death.

2. How often should I update my estate plan?

It is recommended to review your estate plan every few years or after significant life events such as marriage, divorce, birth of a child, or acquisition of substantial assets. Updating your plan ensures it reflects your current wishes and circumstances.

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

If you die without an estate plan in Aspen, your assets will be distributed according to Colorado's intestate succession laws. This may not align with your wishes and can lead to unnecessary complications for your loved ones.

4. Can I make changes to my estate plan after it is executed?

Yes, you can make changes to your estate plan after it is executed. It is important to work with a lawyer to properly amend or revoke existing documents to ensure your changes comply with the law.

5. Do I need an estate planning lawyer if my estate is small?

Even if your estate is small, consulting with an estate planning lawyer in Aspen can be beneficial. They can guide you through the process, help avoid potential pitfalls, and ensure your assets are protected and distributed according to your wishes.

Additional Resources

For further information and resources on estate planning in Aspen, consider reaching out to the following:

  • Aspen Bar Association: Provides a directory of local estate planning lawyers.
  • Colorado Judicial Branch: Offers information on probate and estate administration.
  • Aspen Estate Planning Council: A professional organization that offers educational resources for estate planning.

Next Steps

If you need legal assistance in estate planning, follow these steps:

  1. Research and compile a list of estate planning lawyers in Aspen.
  2. Contact the lawyers and schedule initial consultations to discuss your needs.
  3. Prepare any relevant documents or information to bring to the consultations.
  4. During the consultations, ask about their experience, fees, and approach to estate planning.
  5. Select a lawyer who understands your goals and has experience in estate planning.
  6. Work closely with your chosen lawyer to create a comprehensive estate plan that meets your needs.
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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.