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Mall Malisow & Cooney, P.C.
Farmington Hills, United States

Founded in 2003
5 people in their team
English
About Our FirmAt Mall Malisow & Cooney, P.C., we offer clients more than traditional Estate Planning and Elder Law services. Our Michigan estate planning attorneys use a holistic and interdisciplinary approach, drawing on the extensive knowledge of community resources and support, health and...
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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
Estate Planning
Civil & Human Rights
Probate
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
Estate Planning
Elder Law
Landlord & Tenant
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 Farmington Hills, United States:

Estate planning law in Farmington Hills, United States refers to the legal process of making decisions about how your assets will be managed and distributed in the event of your incapacitation or death. It involves creating a comprehensive plan that ensures your assets are protected, taxes are minimized, and your loved ones are provided for according to your wishes.

Why You May Need a Lawyer:

While it is possible to create a basic estate plan without legal assistance, there are several situations where consulting with an estate planning lawyer in Farmington Hills is highly recommended:

  • If you have a large estate with complex financial holdings.
  • If you want to minimize taxes on your estate.
  • If you have minor children or family members with special needs.
  • If you are concerned about potential disputes among your beneficiaries.
  • If you want to establish a trust or charitable foundation.

Local Laws Overview:

Estate planning in Farmington Hills is governed by Michigan state laws, which include specific provisions that dictate how assets are distributed in the absence of a valid estate plan. Some key aspects of local laws to consider include:

  • Michigan's intestate succession laws, which determine how property is distributed when someone dies without a will.
  • The Michigan Estate Tax, which applies to larger estates and may require careful planning to minimize tax liabilities.
  • The Michigan Trust Code, which provides guidelines for creating and managing trusts.

Frequently Asked Questions:

1. Do I need a will or a trust?

The need for a will or trust depends on your specific circumstances. A will is essential for naming guardians for minor children and stating your wishes regarding asset distribution. A trust may be beneficial for avoiding probate, protecting privacy, and managing assets during your lifetime.

2. What is the role of an executor?

An executor is responsible for managing the administration of your estate after you pass away. Their duties may include collecting and managing assets, paying debts and taxes, and distributing assets according to your wishes as outlined in your will.

3. Can I make changes to my estate plan?

Absolutely! It is recommended to review and update your estate plan periodically, especially when significant life events occur, such as marriage, divorce, birth of children, or changes in financial circumstances. Consult an estate planning attorney to ensure those changes are properly documented and executed.

4. What is the role of a power of attorney?

A power of attorney is a legal document that grants someone the authority to make financial and legal decisions on your behalf should you become incapacitated. This person, referred to as your agent, should be someone you trust implicitly.

5. Do I need an estate planning lawyer?

While there is no legal requirement to hire an estate planning lawyer, their expertise can be invaluable in ensuring your estate plan is comprehensive, legally sound, and aligned with your specific goals. They can also provide guidance on complex matters like tax planning and trust administration.

Additional Resources:

If you need more information or assistance with estate planning in Farmington Hills, consider exploring the following resources:

  • Farmington Hills Bar Association - www.farmingtonhillsbarassociation.com
  • Michigan State Bar Association - www.michbar.org
  • Michigan Department of Treasury - www.michigan.gov/treasury

Next Steps:

If you require legal assistance in estate planning, it is advisable to consult an experienced estate planning lawyer in Farmington Hills. They can provide personalized guidance based on your unique circumstances, help you navigate the legal processes involved, and ensure your wishes are properly documented and protected.

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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.