Best Estate Planning Lawyers in Boise

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Evans Keane LLP
Boise, United States

Founded in 1993
9 people in their team
English
Our FirmNestled amongst the trees along the banks of the Boise River sits Evans Keane - an experienced Idaho law firm that since 1984 has been committed to providing our clients with statewide representation. We represent clients ranging in size from publicly held corporations to sole...
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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
Estate Planning
Civil & Human Rights
Probate
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
Estate Planning
Elder Law
Landlord & Tenant
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 Boise, United States:

Estate planning is an essential legal process that involves making arrangements for your assets and personal affairs in the event of disability, incapacity, or death. In Boise, United States, estate planning law encompasses various legal tools and strategies to 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 without professional help, hiring an estate planning lawyer can provide numerous benefits. Some common situations where people often require legal assistance in estate planning include:

  • Complex family situations or blended families
  • High net worth individuals
  • Business owners
  • Charitable giving and philanthropy
  • Special needs planning
  • Minimizing estate taxes
  • Asset protection
  • Avoiding probate

Local Laws Overview:

When it comes to estate planning in Boise, United States, it's crucial to understand some key aspects of the local laws. Here is a brief overview:

  • Idaho is a community property state, meaning that property acquired during a marriage is generally considered jointly owned.
  • Boise has its own set of rules regarding probate and estate administration, which may differ from other locations in the state.
  • In Boise, it's essential to be aware of the specific regulations and requirements for creating legally valid wills, trusts, powers of attorney, and advance healthcare directives.

Frequently Asked Questions:

Q: What is the purpose of a will?

A will is a legal document that outlines your wishes regarding the distribution of your assets after death. It allows you to specify beneficiaries, appoint an executor, and provide for the care of any minor children.

Q: What is a trust, and do I need one?

A trust is a legal arrangement where a trustee holds and manages assets on behalf of the beneficiaries. It can be beneficial for individuals seeking greater control and privacy in their estate planning, as well as for minimizing taxes and avoiding probate.

Q: What is a power of attorney?

A power of attorney is a legal document that grants another person the authority to act on your behalf in financial and legal matters. It is crucial in cases of incapacity or disability when you are unable to make decisions for yourself.

Q: Can I make changes to my estate plan in the future?

Absolutely! Estate plans are not set in stone and can be modified or updated as circumstances change. Regularly reviewing your plan with an estate planning attorney is recommended to ensure it reflects your current wishes and complies with any new laws.

Q: What is the role of an executor?

An executor, also known as a personal representative, is responsible for administering your estate after you pass away. Their duties may include distributing assets to beneficiaries, paying debts and taxes, and handling any legal procedures required for probate.

Additional Resources:

  • Idaho State Bar - Estate Planning: https://isb.idaho.gov/public-resources/for-the-public/estate-planning/
  • Boise Urban Renewal Agency - Estate Planning Guidelines: https://www.boiseurbanrenewal.com/sites/default/files/2020-04/Estate-Planning-Guidelines.pdf
  • Idaho Legal Aid Services - Estate Planning: https://www.idaholegalaid.org/issues/elder-law/estateplanning

Next Steps:

If you require legal assistance with estate planning in Boise, United States, here's what you can do:

  1. Research and identify reputable estate planning attorneys in Boise who specialize in this field.
  2. Arrange initial consultations with selected lawyers to discuss your specific needs and get an understanding of their experience and approach.
  3. Select the attorney you feel comfortable working with and proceed with creating or updating your estate plan under their guidance.
  4. Regularly review and update your estate plan when necessary to ensure it aligns with your current circumstances and wishes.
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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.