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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 Berkeley, United States:
Estate planning is the process of making a plan for how your assets will be distributed upon your death. In Berkeley, United States, estate planning laws govern the creation of wills, trusts, and other legal documents to ensure that your assets are distributed according to your wishes.
Why You May Need a Lawyer:
There are several situations where you may need a lawyer for estate planning, including: - Creating a will - Establishing a trust - Updating beneficiary designations - Minimizing estate taxes - Planning for incapacity
Local Laws Overview:
Some key aspects of local laws relevant to estate planning in Berkeley, United States include: - Probate process - Estate tax laws - Community property laws - Health care directives
Frequently Asked Questions:
1. What is the difference between a will and a trust?
A will outlines how your assets will be distributed upon your death, while a trust allows you to transfer assets to beneficiaries during your lifetime.
2. Should I have a will even if I don't have many assets?
Yes, having a will ensures that your assets are distributed according to your wishes, regardless of the amount.
3. Can I change my will or trust?
Yes, you can update your will or trust at any time to reflect changes in your circumstances or wishes.
4. Do I need a lawyer for estate planning?
While it is possible to create basic estate planning documents without a lawyer, consulting with a legal professional can help ensure that your wishes are accurately reflected and legally binding.
5. What is probate?
Probate is the legal process of administering a deceased person's estate, including resolving debts and distributing assets to beneficiaries.
6. How can I minimize estate taxes?
You can minimize estate taxes through strategies such as gifting assets during your lifetime, establishing trusts, and taking advantage of marital deductions.
7. What is a health care directive?
A health care directive, or living will, is a legal document that outlines your preferences for medical treatment in the event you are unable to communicate them yourself.
8. Do I need a power of attorney?
Having a power of attorney allows someone to make financial or healthcare decisions on your behalf if you become incapacitated.
9. Are my retirement accounts covered in my will?
Retirement accounts with designated beneficiaries typically pass outside of a will through beneficiary designations.
10. How often should I update my estate plan?
It is recommended to review your estate plan every few years or whenever you experience significant life changes, such as marriage, divorce, or the birth of a child.
Additional Resources:
For more information on estate planning in Berkeley, consider contacting the State Bar of California or local bar associations for referrals to estate planning attorneys.
Next Steps:
If you need legal assistance with estate planning in Berkeley, United States, consider reaching out to a qualified estate planning lawyer who can help you navigate the complexities of creating a comprehensive estate plan tailored to your unique circumstances.
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.