Best Estate Planning Lawyers in Dallas
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United States Estate Planning Legal Questions answered by Lawyers
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- 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 is a crucial aspect of law that impacts nearly everyone at some point in their lives. In Dallas, the Estate Planning law covers arranging for the management and disposal of a person's estate during their life and after death, typically through wills, trust, or intestacy laws. Employee benefits, gifts, and joint property also play a role in this complex field.
Why You May Need a Lawyer
While some might think estate planning is only needed for the wealthy, this is not the case. Everyone should consider establishing an estate plan to ensure their wishes are followed, their loved ones are taken care of, and their estate is handled efficiently. Legal help is often needed to navigate the complicated tax laws, select the most fitting estate planning instruments, and address complex family situations or large amounts of property.
Local Laws Overview
Estate Planning laws in Dallas follow Texas state laws. Key aspects include jurisdiction over wills, trusts, intestate succession (when someone dies without a will), and issues surrounding the administration of estates. In Texas, you can disinherit any relatives other than your spouse. If you die without a will, your property will be divided among your closest relatives according to rules of "intestate succession". Additionally, there are unique rules applied to homestead properties concerning their treatment in probate and protection from creditors.
Frequently Asked Questions
Do I need a will?
A will is not required, but it is recommended. Without a will, your assets are distributed according to state intestacy laws rather than your own preferences.
What is probate?
Probate is a court-managed process where your assets are distributed and any remaining debts paid off after your death. Having a will does not avoid probate, but it simplifies the process by providing clear direction for the distribution of assets.
Who needs to be involved in the Estate Planning process?
This typically involves the person seeking to plan their estate, an attorney specializing in Estate Planning, and sometimes other professionals such as a financial planner or tax professional can be involved too.
Does my spouse automatically inherit everything?
If you die without a will, then intestacy laws dictate that your spouse will receive a portion of your assets, but not necessarily all, particularly if you have children or other surviving family members.
What is a trust and do I need one?
A trust is a legal relationship where one person (trustee) holds property for the benefit of another (beneficiary). Trusts can serve various purposes depending on individual circumstances and are not required for everyone.
Additional Resources
The State Bar of Texas website provides many resources related to estate planning, including guides and materials explaining different aspects. The Dallas County Probate Courts also offer beneficial information on probate cases.
Next Steps
If you find yourself in need of legal assistance in Estate Planning, the best next step is to reach out to a certified attorney specialized in Estate Planning. They can guide you through the complexities of the process, helping you to establish a solid estate plan that suits your needs and 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.