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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 Dallas, United States:
Estate planning in Dallas, United States involves creating a plan for how your assets will be managed and distributed after you pass away. This can include creating a will, establishing trusts, naming beneficiaries for your estate, and more. Estate planning is important to ensure that your wishes are carried out and to minimize taxes and avoid probate complications.
Why You May Need a Lawyer:
You may need a lawyer for estate planning in Dallas if you have a large estate, complex family dynamics, or specific wishes for how your assets should be distributed. A lawyer can help you navigate the legal requirements, draft the necessary documents, and ensure that your estate plan is legally valid and enforceable.
Local Laws Overview:
In Dallas, estate planning laws are governed by state laws, including the Texas Probate Code. It is important to be familiar with these laws when creating an estate plan to ensure that your wishes are carried out effectively. Some key aspects of local laws include guidelines for creating wills, establishing trusts, and probate procedures.
Frequently Asked Questions:
1. What is the difference between a will and a trust?
A will outlines how your assets should be distributed after you pass away, while a trust allows you to transfer assets to a trustee who will manage them on behalf of your beneficiaries during your lifetime and after your death.
2. Do I need an estate plan if I have a small estate?
Even if you have a small estate, having an estate plan can ensure that your assets are distributed according to your wishes and can help avoid probate complications for your loved ones.
3. How often should I update my estate plan?
It is recommended to review and update your estate plan every 3-5 years or whenever you experience a major life event, such as marriage, divorce, the birth of a child, or the acquisition of significant assets.
4. Can I create my own estate plan without a lawyer?
While it is possible to create your own estate plan using online templates, consulting with a lawyer can ensure that your plan is legally valid, meets your specific needs, and is in compliance with local laws in Dallas.
5. What is probate and how can I avoid it?
Probate is the legal process of proving a will and distributing assets after someone passes away. You can avoid probate by setting up a trust, naming beneficiaries for your assets, and gifting assets before you pass away.
6. What happens if I die without an estate plan?
If you die without an estate plan, your assets will be distributed according to state laws of intestacy, which may not align with your wishes. It is important to have an estate plan to ensure that your assets are distributed as you desire.
7. How can I reduce estate taxes in Dallas?
You can reduce estate taxes in Dallas by gifting assets during your lifetime, setting up trusts, using life insurance, and taking advantage of tax planning strategies with the help of a knowledgeable estate planning lawyer.
8. Can my estate plan be contested after I pass away?
Yes, your estate plan can be contested by disgruntled heirs or beneficiaries. To minimize the risk of a successful contest, work with a lawyer to create a clear and legally sound estate plan that reflects your wishes.
9. Should I include digital assets in my estate plan?
Yes, it is important to include digital assets, such as social media accounts, online financial accounts, and digital files, in your estate plan to ensure that they are managed and distributed appropriately after you pass away.
10. How can I choose the right executor or trustee for my estate?
When selecting an executor or trustee for your estate, consider someone who is trustworthy, reliable, organized, and willing to fulfill their duties. You may also choose a professional fiduciary or trust company to act as your executor or trustee.
Additional Resources:
For more information on estate planning in Dallas, you can contact the Dallas Bar Association, the Texas Estate Planning Council, or the Texas Probate Code. These resources can provide valuable insights and guidance on creating an effective estate plan.
Next Steps:
If you need legal assistance with estate planning in Dallas, consider reaching out to a reputable estate planning lawyer in the area. They can help you understand the local laws, draft legally sound documents, and create a comprehensive estate plan that reflects your wishes 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.