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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
- 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: recososalawfirm@gmail.com📞 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 Beverly Hills, United States:
Estate planning in Beverly Hills, United States, involves creating a plan for how your assets will be distributed upon your passing. This may include creating wills, trusts, powers of attorney, and other legal documents to ensure your wishes are carried out. Estate planning is crucial for protecting your assets and providing for your loved ones after you're gone.
Why You May Need a Lawyer:
There are several situations where you may need the assistance of a lawyer in estate planning. Some common reasons include: drafting complex wills or trusts, minimizing estate taxes, addressing blended families, ensuring businesses are passed on smoothly, planning for incapacity, and dealing with probate court proceedings. A lawyer with experience in estate planning can help you navigate these complex legal matters and ensure your wishes are followed.
Local Laws Overview:
In Beverly Hills, United States, estate planning laws may vary from other states. It's essential to understand the specific laws that govern estate planning in your area. Some key aspects to consider include probate laws, estate tax laws, trust laws, and healthcare directives. Consulting with a local attorney who is familiar with Beverly Hills laws can help you create a comprehensive estate plan that complies with local regulations.
Frequently Asked Questions:
1. What is estate planning?
Estate planning is the process of creating a legal plan for how your assets will be distributed after your passing.
2. Do I need a lawyer for estate planning?
While it's possible to create basic estate planning documents on your own, consulting with a lawyer can ensure your plan is legally sound and tailored to your specific needs.
3. What is a will?
A will is a legal document that outlines how your assets will be distributed upon your death.
4. What is a trust?
A trust is a legal arrangement where a trustee holds assets on behalf of beneficiaries according to the terms of the trust.
5. How can estate planning help minimize taxes?
Estate planning can involve strategies to minimize estate taxes, gift taxes, and generation-skipping transfer taxes, ensuring your assets are passed on efficiently.
6. What is probate?
Probate is the legal process of distributing a deceased person's assets through a court-supervised process.
7. Can I create a healthcare directive in my estate plan?
Yes, you can include a healthcare directive in your estate plan to outline your wishes for medical care if you become incapacitated.
8. How often should I update my estate plan?
It's recommended to review your estate plan every few years or after major life events, such as marriage, divorce, birth of a child, or significant financial changes.
9. What happens if I die without an estate plan?
If you die without an estate plan, state laws will determine how your assets are distributed, which may not align with your wishes.
10. How can I protect my business through estate planning?
An estate plan can include provisions for transferring ownership of a business, ensuring a smooth transition in the event of your passing.
Additional Resources:
For more information on estate planning in Beverly Hills, United States, you can contact the State Bar of California for referrals to local estate planning attorneys. The California Courts website also provides resources on probate and estate planning procedures.
Next Steps:
If you need legal assistance in estate planning in Beverly Hills, United States, consider consulting with a local attorney who specializes in this area of law. They can help you create a comprehensive estate plan that reflects your wishes and complies with local laws.
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.