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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: [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 Bellevue, United States:
Estate planning involves making decisions about how you want your assets to be distributed upon your death. In Bellevue, United States, estate planning helps individuals plan for the future to ensure their wishes are carried out and their loved ones are provided for.
Why You May Need a Lawyer:
There are several situations where you may need the assistance of a lawyer in estate planning, including:
- Creating a will or trust
- Designating beneficiaries for your assets
- Establishing power of attorney or a healthcare directive
- Minimizing estate taxes
- Handling disputes over inheritance
Local Laws Overview:
In Bellevue, United States, estate planning laws govern how assets are distributed upon death. Some key aspects of local laws include:
- Washington state laws govern the distribution of assets if there is no will in place
- Probate may be required to validate a will and distribute assets
- Certain assets such as retirement accounts and life insurance policies may bypass probate
Frequently Asked Questions:
1. What is the difference between a will and a trust?
A will outlines how you want your assets distributed upon your death, while a trust allows you to transfer assets to a designated trustee to manage and distribute according to your wishes.
2. Do I need an estate plan if I don't have many assets?
Yes, estate planning is important for everyone regardless of the size of their estate. It ensures your wishes are carried out and can help minimize taxes and avoid disputes.
3. Can I update my estate plan if my circumstances change?
Yes, it's important to review and update your estate plan regularly, especially after major life events such as marriage, divorce, or the birth of a child.
4. How can I minimize estate taxes?
A lawyer can help you explore options such as gifting assets during your lifetime, establishing trusts, and taking advantage of tax exemptions to minimize estate taxes.
5. What is probate and do all assets go through it?
Probate is the legal process of validating a will and distributing assets. Not all assets go through probate, as assets held in trusts or with designated beneficiaries may bypass the probate process.
6. What is a power of attorney and why is it important?
A power of attorney document allows you to designate someone to make decisions on your behalf if you become incapacitated. It's important to have a power of attorney in place to ensure your affairs are managed in such situations.
7. Can I name my minor child as a beneficiary?
It's generally advisable to designate a trustee or guardian to manage assets on behalf of minor children, as minors cannot directly inherit assets in most cases.
8. What happens if I die without a will?
If you die without a will, Washington state laws will dictate how your assets are distributed. It's important to have a will in place to ensure your wishes are carried out.
9. How can I protect my assets from creditors?
A lawyer can help you explore options such as establishing trusts or using certain estate planning tools to protect your assets from creditors.
10. Do I need a lawyer for estate planning?
While it's possible to create a basic estate plan on your own, consulting with a lawyer can ensure your plan is comprehensive and tailored to your specific needs.
Additional Resources:
- Washington State Bar Association: www.wsba.org
- Bellevue City Government: www.bellevuewa.gov
- American Bar Association - Estate Planning Resources: www.americanbar.org
Next Steps:
If you need legal assistance in estate planning in Bellevue, United States, it's recommended to consult with a qualified estate planning lawyer. They can help you navigate the complex laws and create a comprehensive plan tailored to your specific needs and goals.
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.