Best Estate Planning Lawyers in Des Moines
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List of the best lawyers in Des Moines, United States
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 Des Moines, United States
Estate planning in Des Moines involves the creation of a strategic plan to manage a person's financial affairs after they die or become incapacitated. It usually includes matters such as the inheritance of property and assets, tax planning, making provisions for guardianship of minor children, and stipulating healthcare directives or power of attorney.
Why You May Need a Lawyer
Legal guidance is often necessary for estate planning due to its complex nature. An estate planning lawyer can assist with creating or updating wills, setting up trusts to safeguard assets, and ensuring that the financial impact of estate taxes and probate costs are minimized. Lawyers can also provide advice on retirement plans, life insurance policies, and charitable contributions to ensure a comprehensive estate plan.
Local Laws Overview
Iowa's estate planning laws permit the use of both wills and trusts for asset distribution. For a will to be considered valid, the person must be 18 years or older and of sound mind. The will should be written, signed by the testator and two credible witnesses. The laws also make provisions for intestate succession; that is, how an estate is divided when an individual dies without a valid will. Similarly, trusts can be living (created during the life of the individual) or testamentary (created after death).
Frequently Asked Questions
1. Can I create an estate plan by myself?
While it is possible to create an estate plan by yourself, due to the legal intricacies and potential financial implications, it's often advised to hire a lawyer to ensure everything is accurately and legally documented.
2. What happens if I die without a will in Des Moines?
If you die without a will in Iowa (known as dying "intestate"), the Iowa probate code determines how your estate will be distributed, typically among your closest relatives.
3. When should I start estate planning?
It's never too early to start estate planning. Regardless of your age, or the value of your assets, creating a plan for your estate will ensure that your loved ones are protected and your wishes are respected.
4. Are online wills valid in Des Moines?
Yes, online wills are valid, provided they meet the legal requirements established by Iowa law. Always review such documents with a lawyer to ensure their validity.
5. Can I change my estate plan once it is made?
Absolutely. It is advisable to review and update your estate plan regularly or after major life events such as marriage, divorce, birth of a child, or significant changes to your assets.
Additional Resources
The Iowa State Bar Association offers various resources for estate planning. Non-profit organizations such as the Des Moines Estate Planning Council and the Community Foundation of Greater Des Moines provide helpful guidance and support to individuals seeking professional assistance for estate planning.
Next Steps
The first step in seeking legal assistance in estate planning is to find a reputable attorney who specializes in this field. It may be advisable to interview several attorneys to understand their approach, fees, and find a good fit for your specific needs and circumstances. Remember, it's important to review your estate plan periodically with your lawyer to ensure it reflects your current wishes and meets the necessary legal requirements.
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.