Best Estate Planning Lawyers in Covington
Share your needs with us, get contacted by law firms.
Free. Takes 2 min.
List of the best lawyers in Covington, United States
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 Covington, United States
Estate planning is a legal process that involves making arrangements for the management and distribution of your assets after you pass away. In Covington, United States, estate planning laws ensure that your wishes regarding your property, finances, and healthcare are respected and carried out. Engaging in estate planning can provide peace of mind and protect your loved ones in the event of your death.
Why You May Need a Lawyer
While some individuals may attempt to handle their estate planning themselves, it's highly recommended to seek the assistance of an experienced estate planning lawyer in Covington. These professionals can guide you through the complex legal requirements and help you make informed decisions. A lawyer can ensure that your estate plan is legally valid, minimize tax liabilities, protect your assets, and avoid potential disputes among heirs. They can also assist with updating your plan when significant life events occur, such as marriage, divorce, birth of a child, or acquisition of new assets.
Local Laws Overview
In Covington, the laws governing estate planning include:
- The availability of various types of wills, trusts, and powers of attorney
- Requirements for the legal validity of these estate planning documents
- Probate laws, which govern the distribution of assets if no estate plan is in place
- Inheritance tax laws and exemptions in Covington
It's important to consult with an estate planning lawyer to understand how these specific laws may impact your individual circumstances.
Frequently Asked Questions
1. What is the difference between a will and a trust?
A will is a legal document that outlines the distribution of your assets after your death and appoints guardians for minor children. A trust, on the other hand, allows you to transfer your assets to a separate legal entity managed by a trustee for the benefit of your beneficiaries. Unlike a will, a trust can provide privacy, avoid probate, and enable ongoing asset management.
2. Do I need an estate plan if I don't have significant assets?
Yes, an estate plan is beneficial regardless of the size of your estate. It allows you to specify your healthcare preferences, appoint a guardian for minor children, and make important decisions about who will manage your affairs if you become incapacitated. Estate planning isn't solely about asset distribution, but also about protecting your loved ones and ensuring your wishes are followed.
3. How often should I update my estate plan?
It is generally recommended to review your estate plan every three to five years or sooner if significant life events occur. Marriage, divorce, birth of a child, purchase of property, or a change in financial circumstances may necessitate updates to your plan. Regular reviews with an estate planning lawyer can ensure that your plan remains up to date.
4. Can I create an estate plan without a lawyer?
While it's possible to create a basic estate plan without a lawyer, it is highly advisable to work with an experienced estate planning attorney. They can provide legal advice, ensure that your documents are properly drafted and executed, and address any complex legal issues that may arise.
5. What happens if I die without an estate plan?
If you pass away without an estate plan in Covington, your assets will be distributed according to the state's laws of intestacy. This means that the court will determine how your assets are divided among your legal heirs. The outcome may not align with your wishes and can potentially lead to disputes among family members.
Additional Resources
For further information and assistance with estate planning in Covington, you may find the following resources helpful:
- Covington Bar Association - Offers lawyer referral services and information on estate planning
- Official Website of Covington - Provides local information and links to relevant government resources
- Estate Planning Toolkit from the American Bar Association - Offers comprehensive guidance on estate planning
Next Steps
If you require legal assistance in estate planning in Covington, consider taking the following steps:
- Research and compile a list of experienced estate planning lawyers in Covington.
- Review their credentials, experience, and client testimonials to find the best fit for your needs.
- Contact the selected lawyer(s) to schedule an initial consultation.
- Prepare a list of questions and concerns to discuss during the consultation.
- During the consultation, share details about your assets, beneficiaries, and wishes to receive proper guidance.
- Consider the lawyer's advice and decide whether you feel comfortable working with them.
- If you choose to proceed, engage the lawyer to assist you in creating or updating your estate plan.
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.