Best Estate Planning Lawyers in Bakersfield
Share your needs with us, get contacted by law firms.
Free. Takes 2 min.
List of the best lawyers in Bakersfield, United States
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: [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
- 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 Bakersfield, United States
Estate Planning Law in Bakersfield, United States lays the foundation for managing assets and making crucial decisions post-life or in disability events. It involves the formulation of wills, trusts, power of attorney, healthcare directives, and guardianships. Estate planning helps to protect family interests, reduce estate taxes, prevent family conflicts and ensure assets are transferred according to the individual's wishes upon their death. The laws surrounding estate planning can be complex and are subject to change so proper legal advice is essential.
Why You May Need a Lawyer
Legal advice is necessary in the arena of Estate Planning Law to understand complex legal jargon and processes, ensure no violations of statues, avoid forgone rights or privileges and to draft tailored plans according to your needs. This includes safeguarding your rights if you don't have a will, ensuring your rights are protected when inheriting a property, or if you're administering an estate. The legal intricacies of handling assets, properties and taxes make it essential to have an experienced lawyer who understands local laws and procedures.
Local Laws Overview
The local laws pertinent to Estate Planning in Bakersfield, United States include The California Probate Code, The federal Estate Tax, and The California Inheritance Tax. It is important to understand that if you die without a will in Bakersfield, California laws dictate how your assets will be distributed. Furthermore, probate is a public, court-supervised legal procedure that includes validating your will, paying your debts, taxes, and the eventual distribution of your assets to the rightful heirs.
Frequently Asked Questions
What is the process of probate?
Probate is a legal process where a will is reviewed to determine whether it is valid and authentic. It involves locating and determining the value of the deceased’s assets, paying final bills and taxes, and distributing the remainder of the estate to rightful beneficiaries.
What happens if there is no will?
If a person dies without a will, they have died "intestate". When this happens, the state laws will dictate how your property will be distributed upon your death. This involves court-managed proceedings known as Administration.
How does power of attorney work?
A power of attorney allows you to appoint someone you trust to handle your financial and health affairs if you are unable to do so yourself.
Does all of my property have to go through probate?
No, not all property goes through probate. Assets that the decedent owned in his or her sole name, or had a right to income will be subject to probate. Assets where there are designated beneficiaries, such as life insurance or annuities, will not go through probate.
Do I have to pay estate taxes?
Whether you'll have to pay estate taxes depends on the value of your estate and the tax laws in effect at the time of your death.
Additional Resources
You can find valuable information on Estate Planning law from websites like the American Bar Association, National Academy of Elder Law Attorneys, and California Courts. These resources can provide you with deeper insights and guide you on the latest policies and procedures.
Next Steps
If you need legal assistance, start by reaching out to a licensed attorney specializing in Estate Law. Ensure they have a deep understanding of local laws and procedures in Bakersfield, California. It's important to work with someone you trust and feel comfortable with, as they'll be helping you navigate sensitive decisions concerning your estate.
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.