Best Estate Planning Lawyers in Cedar Rapids

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Shuttleworth & Ingersoll, P.L.C.
Cedar Rapids, United States

Founded in 1854
85 people in their team
English
Shuttleworth & Ingersoll is a multi-specialty law firm of more than 50 attorneys with offices in Cedar Rapids & Coralville, providing legal services to clients in Iowa and around the world. Using a collaborative, team-based approach, our firm provides innovative, cost-effective solutions to...
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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 Cedar Rapids, United States:

Estate Planning Law in Cedar Rapids, United States refers to the legal framework and regulations concerning the management and distribution of a person's assets upon their death or incapacitation. It involves creating legally binding documents such as wills, trusts, and powers of attorney to ensure the smooth transfer of assets and protection of the individual's interests.

Why You May Need a Lawyer:

While some simple estate planning tasks can be done without a lawyer, it is advisable to seek legal assistance in certain situations. Here are a few common scenarios where the expertise of an estate planning lawyer can be invaluable:

  • Ensuring your wishes are properly documented and will be legally enforceable.
  • Minimizing estate taxes and maximizing the value of inheritances for your loved ones.
  • Establishing guardianship for minors or dependents.
  • Protecting assets from creditors or potential lawsuits.
  • Creating a plan for charitable donations or supporting causes you care about.

Local Laws Overview:

Cedar Rapids, United States has specific laws and regulations that impact estate planning. Some key aspects to consider include:

  • Probate Laws: Cedar Rapids follows the state's probate laws, which govern how estates are administered and distributed after a person's death.
  • Inheritance Tax: Iowa does not impose an inheritance tax, but certain federal taxes may apply.
  • Homestead Laws: Understanding the laws relating to homestead property exemptions and protection can be crucial in estate planning.
  • Healthcare Directives: Cedar Rapids recognizes healthcare directives, allowing individuals to appoint someone to make medical decisions on their behalf if they become incapacitated.

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 should be distributed after your death. A trust, on the other hand, is a legal entity managed by a trustee who holds and administers assets on behalf of beneficiaries.

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

Regardless of the size of your estate, having an estate plan can ensure your assets are distributed according to your wishes and can help avoid potential conflicts among family members.

3. Can I make changes to my estate plan once it is created?

Yes, you can update and modify your estate plan as needed. It is recommended to review and revise your plan whenever significant life events occur, such as marriage, divorce, birth of a child, or acquisition of new assets.

4. What happens if I pass away without an estate plan?

If you die without a valid will or trust, your assets will be distributed according to the state's laws of intestacy. This may not align with your preferences and could potentially create disputes among family members.

5. How often should I review my estate plan?

It is generally recommended to review your estate plan every few years or whenever there are significant changes in your family, finances, or personal circumstances.

Additional Resources:

For further information and assistance with estate planning in Cedar Rapids, United States, consider contacting the following resources:

  • Cedar Rapids Bar Association - www.cedar-rapids-bar.org
  • Iowa State Bar Association - www.iowabar.org
  • Iowa Estate Planning Council - www.iowaestateplanningcouncil.com

Next Steps:

If you require legal assistance or advice regarding estate planning in Cedar Rapids, United States, it is advisable to consult with an experienced estate planning lawyer. They can guide you through the process, help you create a comprehensive estate plan tailored to your needs, and address any specific concerns or goals you may have.

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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.