Best Estate Planning Lawyers in Daly City
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List of the best lawyers in Daly City, United States
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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: recososalawfirm@gmail.com📞 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 Daly City, United States
Estate planning in Daly City, California involves making legal arrangements for the management and transfer of an individual’s assets after death or incapacitation. This process includes creating documents such as wills, trusts, powers of attorney, and advance healthcare directives. Proper estate planning helps ensure that your wishes are honored, your loved ones are provided for, and potential conflicts or probate issues are minimized. As part of San Mateo County and subject to California state law, Daly City residents should be aware of local rules and procedures that can affect their estate planning options.
Why You May Need a Lawyer
Estate planning can be complex, especially when dealing with unique family situations or significant assets. Here are some common situations in which seeking legal counsel is beneficial:
- Ensuring your will or trust complies with state and local laws
- Seeking to minimize estate taxes and probate costs
- Addressing blended families or providing for minor children
- Protecting beneficiaries with disabilities or special needs
- Planning for business ownership and succession
- Contesting or defending against challenges to an estate
- Establishing durable powers of attorney or advance healthcare directives
- Navigating the probate process after a loved one’s death
- Conducting charitable giving through estate plans
Legal guidance ensures your estate plan is tailored to your situation and legally enforceable, reducing potential disputes and protecting your legacy.
Local Laws Overview
Daly City estate planning is governed by California state law, particularly the California Probate Code. Some key aspects relevant to local residents include:
- Probate Process: Most estates valued over a certain threshold must go through probate unless assets are placed in a living trust or designated with beneficiaries (such as life insurance or retirement accounts).
- Community Property Rules: California is a community property state, which can impact asset distribution for married couples.
- Wills and Trusts: State law sets requirements for valid wills and trusts, including signing and witnessing procedures.
- Advance Healthcare Directives: California recognizes advance directives that specify your medical wishes and appoint a healthcare agent.
- Small Estates: There is a simplified probate process for estates valued below a certain dollar amount as defined by state law.
- Tax Considerations: While there is no California estate tax, federal estate tax may apply to very large estates.
Local probate matters are handled by the San Mateo County Superior Court. It's important to account for both state statutes and any applicable local court procedures.
Frequently Asked Questions
What documents are typically included in an estate plan?
A comprehensive estate plan generally includes a will, living trust, durable power of attorney, advance healthcare directive, and beneficiary designations for certain accounts.
Do I really need a trust, or is a will sufficient?
While a will allows you to decide how your assets are distributed, a trust can help avoid probate, provide ongoing management of assets, and offer privacy. Many people choose both for complete protection.
What happens if I die without a will in Daly City?
If you die without a will, California's intestate succession laws determine who inherits your property. This may not reflect your wishes and can complicate asset distribution for your loved ones.
How does probate work in San Mateo County?
Probate is a court process to distribute a deceased person's assets. The Superior Court of San Mateo County oversees the procedure, validating the will (if any), appointing a personal representative, and ensuring debts and taxes are paid before assets are distributed.
Can I change my estate plan after it is made?
Yes. Estate planning documents can and should be updated when major life events occur, such as marriage, divorce, birth of children, or significant changes in assets.
How do California community property laws affect my estate?
Married couples in Daly City generally own assets acquired during marriage as community property, which affects how property is divided upon death or divorce.
Do I need a lawyer to create a will or trust?
While it is possible to create basic documents without a lawyer, mistakes can result in legal challenges, unintended consequences, or invalidate your wishes. Seeking an attorney ensures your estate plan is valid and customized to your needs.
What is an advance healthcare directive?
An advance healthcare directive lets you designate someone to make medical decisions on your behalf if you're unable to do so and specify your healthcare wishes.
Are there ways to avoid probate in California?
Yes. Assets placed in a living trust, jointly owned property, and accounts with designated beneficiaries typically avoid probate.
Does California have an estate or inheritance tax?
California does not have a state estate or inheritance tax. However, federal estate tax laws may apply to very large estates.
Additional Resources
Several organizations and governmental bodies can help Daly City residents with estate planning:
- San Mateo County Superior Court Probate Division - For probate filings and local procedures
- California State Bar Association - For lawyer referrals and public information
- Legal Aid Society of San Mateo County - For low-cost or free legal assistance for qualifying individuals
- California Department of Aging - For advance healthcare directive forms and information
- Internal Revenue Service (IRS) - For guidance on federal estate and gift taxes
Next Steps
If you need legal assistance with estate planning in Daly City, consider taking the following actions:
- List your assets, debts, and any special considerations or wishes you have for your estate
- Contact a qualified estate planning attorney in San Mateo County for an initial consultation
- Gather relevant documents such as property deeds, account statements, existing wills or trusts, and insurance policies
- Discuss your goals and concerns openly with your attorney so they can tailor your estate plan to your needs
- Review and update your estate plan as your life and circumstances change
Taking proactive steps now can provide peace of mind for you and your loved ones and ensure your wishes are clearly documented and legally protected.
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.