Best Estate Planning Lawyers in Daytona Beach
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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 Daytona Beach, United States:
Estate planning is the process of arranging for the disposal of an individual's assets after they pass away. It involves creating a plan for the distribution of one's property, as well as making decisions about healthcare and financial matters. In Daytona Beach, United States, estate planning laws govern how assets are transferred, taxes are paid, and beneficiaries are designated.
Why You May Need a Lawyer:
There are several situations where you may need the assistance of a lawyer in estate planning. Some common reasons include creating a will, setting up a trust, planning for incapacity, minimizing estate taxes, and ensuring that your assets are protected and distributed according to your wishes.
Local Laws Overview:
In Daytona Beach, United States, estate planning laws are governed by state statutes that outline the requirements for creating a valid will, establishing trusts, and powers of attorney. It is important to be aware of these laws to ensure that your estate plan is legally enforceable and that your wishes are carried out as intended.
Frequently Asked Questions:
1. What is a will, and why do I need one?
A will is a legal document that outlines how you want your assets to be distributed after you pass away. It is important to have a will to ensure that your wishes are carried out and to avoid disputes among family members.
2. What is a trust, and how can it benefit me?
A trust is a legal arrangement that allows a third party, or trustee, to hold assets on behalf of a beneficiary. Trusts can help to avoid probate, minimize estate taxes, provide for incapacitated beneficiaries, and protect assets from creditors.
3. How can I plan for incapacity in my estate plan?
You can plan for incapacity by creating a durable power of attorney and a healthcare directive. These documents appoint someone to make financial and healthcare decisions on your behalf if you become incapacitated.
4. How can I minimize estate taxes in my estate plan?
You can minimize estate taxes by gifting assets during your lifetime, creating trusts, and taking advantage of tax exemptions and deductions. Consulting with a lawyer can help you develop a tax-efficient estate plan.
5. What is probate, and how can I avoid it?
Probate is the legal process of administering an estate after someone passes away. You can avoid probate by creating a living trust, utilizing beneficiary designations, and gifting assets during your lifetime.
6. How often should I update my estate plan?
You should review and update your estate plan regularly, especially after major life events such as marriage, divorce, the birth of a child, or a significant change in financial circumstances.
7. What happens if I die without a will?
If you die without a will, state intestacy laws will determine how your assets are distributed. This may result in assets being distributed differently than you would have intended.
8. Can I make changes to my estate plan after it has been created?
Yes, you can make changes to your estate plan at any time by creating a codicil to your will, amending your trust, or revoking and creating new documents. It is important to work with a lawyer to ensure that these changes are legally valid.
9. How can I protect my assets in my estate plan?
You can protect your assets in your estate plan by creating trusts, utilizing gifting strategies, purchasing insurance, and implementing asset protection techniques. A lawyer can help you develop a comprehensive asset protection plan.
10. How can I choose an executor or trustee for my estate plan?
You should choose someone who is trustworthy, responsible, and willing to serve as your executor or trustee. It is important to discuss your wishes with them and ensure that they understand their roles and responsibilities.
Additional Resources:
For more information on estate planning in Daytona Beach, United States, you can contact the Florida Bar Association or the Volusia County Bar Association. These organizations can provide you with referrals to experienced estate planning lawyers in your area.
Next Steps:
If you require legal assistance with estate planning in Daytona Beach, United States, it is recommended that you schedule a consultation with an experienced estate planning lawyer. They can review your individual circumstances, help you develop a customized estate plan, and ensure that your wishes are carried out according to the law.
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.