Best Estate Planning Lawyers in Commerce
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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.
About Estate Planning Law in Commerce, United States:
Estate planning in Commerce, United States involves creating a plan for how your assets will be managed and distributed after your passing. This can include wills, trusts, powers of attorney, and more. The goal is to ensure that your wishes are carried out and to minimize estate taxes and potential disputes among beneficiaries.
Why You May Need a Lawyer:
You may need a lawyer for estate planning to ensure that your documents are legally sound, to navigate complex laws and regulations, to minimize tax liability, and to address any unique circumstances in your family or financial situation. A lawyer can also help you update your plan as your circumstances change.
Local Laws Overview:
In Commerce, United States, estate planning laws govern how assets are distributed upon someone's death. Common laws include probate laws, which dictate the process of distributing assets, as well as laws regarding trusts, wills, powers of attorney, and healthcare directives.
Frequently Asked Questions:
What is the difference between a will and a trust?
A will outlines how your assets will be distributed upon your death, while a trust can be used to manage your assets during your lifetime and after your passing.
Do I need an estate plan if I don't have many assets?
Yes, everyone can benefit from an estate plan, regardless of the size of their estate. It allows you to dictate how your assets are distributed and who will make decisions on your behalf if you become incapacitated.
Can I create my own estate plan without a lawyer?
While it is possible to create a basic estate plan on your own, it is highly recommended to consult with a lawyer to ensure that your plan is legally binding and comprehensive.
What is probate, and how can I avoid it?
Probate is the legal process of distributing assets after someone's death. You can avoid probate by creating a trust, naming beneficiaries on your accounts, and ensuring that your assets are titled properly.
What is a power of attorney?
A power of attorney is a legal document that gives someone else the authority to make financial or healthcare decisions on your behalf if you become incapacitated.
How often should I update my estate plan?
You should update your estate plan whenever there is a major life event, such as marriage, divorce, the birth of a child, or a significant change in your financial situation.
Can I disinherit someone from my estate?
Yes, you can legally disinherit someone from your estate, but it is important to do so explicitly in your will or trust to avoid potential disputes.
What is a living will?
A living will, also known as an advance directive, is a legal document that outlines your wishes regarding healthcare decisions in the event that you are unable to communicate them yourself.
Do estate planning laws vary by state?
Yes, estate planning laws can vary by state, so it is important to consult with a lawyer who is familiar with the laws in Commerce, United States.
How can I protect my assets from creditors and lawsuits?
There are various strategies to protect your assets from creditors and lawsuits, such as creating a trust, utilizing insurance policies, and structuring your assets in a way that limits liability.
Additional Resources:
For more information on estate planning in Commerce, United States, you can visit the Commerce Bar Association or contact the Commerce Department of Revenue for specific tax-related questions.
Next Steps:
If you are in need of legal assistance for estate planning in Commerce, United States, it is recommended to schedule a consultation with a qualified estate planning lawyer. They can assess your individual needs and help you create a comprehensive plan that meets your goals and protects your assets.
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.