Best Estate Planning Lawyers in Cleveland
Share your needs with us, get contacted by law firms.
Free. Takes 2 min.
List of the best lawyers in Cleveland, United States
We haven't listed any Estate Planning lawyers in Cleveland, United States yet...
But you can share your requirements with us, and we will help you find the right lawyer for your needs in Cleveland
Find a Lawyer in Cleveland
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.
About Estate Planning Law in Cleveland, United States
Estate planning is the process of arranging for the management and distribution of a person's assets after their death. In Cleveland, United States, estate planning laws govern how a person's estate will be handled, including the distribution of assets, payment of debts, and appointment of guardians for minor children. It is important to have a legally binding estate plan in place to ensure that your wishes are carried out and your loved ones are protected.
Why You May Need a Lawyer
There are several situations where you may require legal help in estate planning, including the following:
- Creating a will or trust
- Establishing powers of attorney or healthcare directives
- Minimizing estate taxes
- Protecting assets from creditors
- Appointing guardians for minor children
Local Laws Overview
In Cleveland, United States, estate planning laws are governed by both state and federal regulations. Some key aspects of local laws that are particularly relevant to estate planning include:
- Ohio laws on wills, trusts, and probate
- Federal estate and gift tax laws
- Laws regarding powers of attorney and healthcare directives
- Rules for intestate succession (distributing assets when there is no will)
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 allows you to transfer assets to a designated trustee for the benefit of beneficiaries.
2. Do I need an estate plan if I don't have many assets?
Yes, even if you have few assets, having an estate plan in place can still ensure that your wishes are carried out and make the process easier for your loved ones.
3. Can I write my own will without a lawyer?
While it is possible to write your own will, it is highly recommended to consult with a lawyer to ensure that your will is legally valid and properly executed.
4. How often should I update my estate plan?
You should review your estate plan regularly, especially after major life events such as marriage, divorce, birth of a child, or significant changes in assets.
5. What happens if I die without a will?
If you die without a will, your assets will be distributed according to Ohio's laws of intestate succession, which may not reflect your wishes.
6. Do I need a trust if I have a will?
While a will is important, a trust can provide additional benefits such as avoiding probate, minimizing taxes, and maintaining privacy.
7. Can I avoid estate taxes in Ohio?
There are strategies available to minimize estate taxes in Ohio, such as gifting assets during your lifetime or setting up a trust.
8. What is a power of attorney?
A power of attorney is a legal document that authorizes someone to act on your behalf in financial or healthcare matters if you become incapacitated.
9. How do I choose a guardian for my minor children?
When selecting a guardian for your minor children, consider factors such as the individual's relationship with your children, values, parenting style, and ability to provide for their needs.
10. What is a healthcare directive?
A healthcare directive, also known as a living will, is a legal document that outlines your wishes for medical treatment in the event you are unable to communicate them yourself.
Additional Resources
For more information on estate planning in Cleveland, United States, consider contacting the following resources:
- Cleveland Bar Association - Estate Planning Section
- Ohio State Bar Association - Estate Planning Resources
- Ohio Department of Job and Family Services - Estate Planning Information
Next Steps
If you are in need of legal assistance with estate planning in Cleveland, United States, it is advisable to consult with an experienced estate planning lawyer who can help you navigate the complexities of estate planning laws and create a comprehensive plan that reflects your wishes.
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.