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Find a Lawyer in BostonUnited 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 Boston, United States
Estate planning is the process of arranging for the management and disposal of your assets after your death. In Boston, United States, estate planning involves creating wills, trusts, powers of attorney, and other legal documents to ensure that your wishes are carried out and your loved ones are provided for.
Why You May Need a Lawyer
There are several situations where you may require legal help in estate planning, such as when you have a complex estate, own a business, have minor children, want to minimize estate taxes, or have concerns about incapacity planning.
Local Laws Overview
In Boston, United States, estate planning laws govern how your assets will be distributed after your death. Some key aspects of local laws include probate procedures, estate taxes, and healthcare directives.
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 death, while a trust is a legal arrangement where a trustee holds assets on behalf of beneficiaries.
2. Do I need a lawyer to create an estate plan?
While you can attempt to create an estate plan on your own, it is advisable to seek legal help to ensure your plan is valid and meets your specific needs.
3. How can I minimize estate taxes in Boston?
You can minimize estate taxes in Boston by utilizing estate planning tools such as trusts, gifting, and life insurance.
4. What is probate and how does it work in Boston?
Probate is the legal process of validating a will and distributing assets according to the terms of the will. In Boston, the probate process can be complex and time-consuming.
5. Can I update my estate plan if my circumstances change?
Yes, it is important to regularly review and update your estate plan if your circumstances change, such as getting married, having children, or acquiring new assets.
6. What is a power of attorney and do I need one?
A power of attorney is a legal document that allows someone to make financial or medical decisions on your behalf if you become incapacitated. It is advisable to have a power of attorney in place to ensure your wishes are carried out.
7. How can I protect my assets from creditors in Boston?
You can protect your assets from creditors in Boston by utilizing asset protection strategies such as creating trusts and limited liability entities.
8. What is a healthcare directive and why is it important?
A healthcare directive is a legal document that outlines your wishes for medical care if you become incapacitated. It is important to have a healthcare directive to ensure your wishes are followed and avoid family disputes.
9. Do I need to update my estate plan if I move to Boston?
If you move to Boston from another state, it is advisable to review and update your estate plan to ensure it complies with local laws and meets your current needs.
10. How much does it cost to hire an estate planning lawyer in Boston?
The cost of hiring an estate planning lawyer in Boston can vary depending on the complexity of your estate and the services you require. It is advisable to request a consultation to discuss your specific needs and obtain a fee estimate.
Additional Resources
For more information on estate planning in Boston, you can contact the Massachusetts Bar Association, Boston Estate Planning Council, or the Massachusetts Department of Revenue.
Next Steps
If you need legal assistance in estate planning in Boston, it is advisable to schedule a consultation with a qualified estate planning lawyer to discuss your specific needs and create a plan that meets your goals and objectives.
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.