Best Estate Planning Lawyers in Birmingham

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List of the best lawyers in Birmingham, United States

WILLIAMS, WILLIAMS, RATTNER AND PLUNKETT P.C.

Birmingham, United States

Founded in 1973

50 people in their team

English

At Williams, Williams, Rattner & Plunkett, we take pride in our ability to provide the highest level of service to each of our clients. This is possible because we do business a little differently. We have exceptional attorneys who deliver effective results in a wide range of fields, while...

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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.

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About Estate Planning Law in Birmingham, United States:

Estate planning is a legal process that involves making arrangements for the management and distribution of your assets after your passing. In Birmingham, United States, estate planning laws are governed by both state and federal regulations. Having a well-prepared estate plan can ensure that your wishes are carried out and your loved ones are protected.

Why You May Need a Lawyer:

While it is possible to create a basic estate plan on your own, there are several situations where seeking the guidance of an estate planning lawyer is highly recommended. Some common scenarios where legal assistance may be needed include:

Complex family dynamics or blended families
Child or adult dependents with special needs
Ownership of a business or investment properties
Significant assets or high net worth
Concerns about minimizing estate taxes
Charitable giving or philanthropic goals
Foreign property or assets
Desire for privacy and avoiding probate

Local Laws Overview:

In Birmingham, United States, estate planning is primarily governed by the laws of the State of Alabama. Some key aspects to consider when it comes to local laws and estate planning include:

The Alabama Uniform Probate Code
Requirements for creating a valid will and its execution
Spousal inheritance rights and community property laws
Probate and estate administration processes in Birmingham
Tax implications, including federal and state estate taxes

Frequently Asked Questions:

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

A will is a legal document that outlines how your assets will be distributed after your passing. A trust, on the other hand, is a legal arrangement where a trustee holds and manages assets for the benefit of others, allowing for greater control and privacy.

2. Do I need an estate plan if I don't have substantial assets?

Yes, estate planning is not just for the wealthy. Even if you have modest assets, a properly designed estate plan can help ensure your wishes are respected, minimize family conflicts, and ease the burden on your loved ones during a difficult time.

3. Can I make changes to my estate plan after it's been created?

Absolutely. Estate plans should be reviewed periodically and updated whenever significant life events occur, such as marriage, divorce, birth of a child, or changes in financial circumstances. It's essential to keep your estate plan current and reflective of your intentions.

4. What is probate, and how can I avoid it?

Probate is the court-supervised process of validating a will, settling debts, and distributing assets when someone passes away. To avoid probate, various strategies can be employed, such as establishing a living trust, designating beneficiaries, and gifting assets during your lifetime.

5. Can I create my own estate plan without an attorney?

While it is possible to create a basic estate plan using online templates or software, it is highly recommended to consult with an experienced estate planning attorney. They can ensure that your estate plan is tailored to your specific needs, is legally valid, and can offer personalized advice based on their expertise.

Additional Resources:

Alabama State Bar Association - www.alabar.org
Alabama Law Help - www.alabamalawhelp.org
U.S. Trustee Program - www.justice.gov/ust

Next Steps:

If you require legal assistance in estate planning, it is recommended to consult with a knowledgeable and experienced estate planning lawyer in Birmingham, United States. They can help guide you through the process, ensure your assets are protected, and provide peace of mind for you and your loved ones.

Lawzana helps you find the best lawyers and law firms in Birmingham through a curated and pre-screened list of qualified legal professionals. Our platform offers rankings and detailed profiles of attorneys and law firms, allowing you to compare based on practice areas, including Estate Planning, experience, and client feedback. Each profile includes a description of the firm's areas of practice, client reviews, team members and partners, year of establishment, spoken languages, office locations, contact information, social media presence, and any published articles or resources. Most firms on our platform speak English and are experienced in both local and international legal matters. Get a quote from top-rated law firms in Birmingham, United States - quickly, securely, and without unnecessary hassle.

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.