Best Estate Planning Lawyers in Concord
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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 Concord, United States
Estate Planning law in Concord, United States involves planning for the management and disposal of a person's estate during their life and upon their death. This can include creating a will, establishing trusts, setting up powers of attorney, and arranging for probate and tax matters. Estate planning also involves careful decision-making related to guardianship if there are minors or dependents involved. It's important to work with a qualified Estate Planning Lawyer for navigating legal proceedings and ensuring your wishes are met.
Why You May Need a Lawyer
There are a variety of scenarios in which you may need an estate planning lawyer. These include drafting a will, dispute resolution over estate matters, estate and gift tax advice, establishing powers of attorney and healthcare directives, legal counsel for executors and trustees, guardianship decision-making, and asset protection. An Estate Planning Lawyer can provide valuable advice to ensure your wishes are met and your estate is administer the way you'd planned.
Local Laws Overview
Estate planning law in Concord is governed by state law of California. The state of California has specific laws related to wills, trusts, and probate that may differ from other states. For example, in California, a will must be witnessed by two individuals. Loss of capacity can render an individual unable to execute a will, which is why keeping your will updated and having durable power of attorney is necessary.
Frequently Asked Questions
1. Do I need a will?
In California, if you die without a will (intestate), your assets are distributed under the California laws of intestate succession. Having a will allows you to specify the division of your property.
2. What is a trust, and do I need one?
A trust is an agreement where a person (the trustee) holds assets for the benefit of others (the beneficiaries). Trusts can help reduce estate taxes and keep your estate administration out of probate.
3. What's Probate?
Probate is a legal process that occurs after someone's death. It includes identifying and inventorying the person's property, paying debts and taxes, and distributing the remaining property as the will (or state law, if there's no will) directs.
4. Can I do Estate planning on my own?
Estate planning can be complex, and any errors could lead to your wishes not being carried out. It's recommended to consult with a qualified attorney.
5. How often should I update my estate plan?
You should review and possibly update your estate plan whenever there are significant changes in your life - marriage, divorce, birth of a child, death of a beneficiary, significant increase or decrease in your estate's value.
Additional Resources
The American Bar Association provides general information on estate planning. The California Courts provides specific state law resources for Californian residents. Concord residents can also consult with local legal aid agencies for assistance in estate planning.
Next Steps
If you require legal assistance in Estate Planning, the best step is to consult with an experienced estate planning attorney. They can provide personalized advice based on your circumstances and help you navigate the complexities of estate planning laws.
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.