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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 Florence, United States:
Estate planning is the process of arranging for the management and disposal of a person's estate during their lifetime and after their death. In Florence, United States, estate planning involves creating legal documents such as wills, trusts, powers of attorney, and healthcare directives to ensure that a person's wishes are carried out regarding their assets and healthcare decisions.
Why You May Need a Lawyer:
There are several situations where you may need a lawyer for estate planning in Florence, United States. These include: drafting a will or trust, establishing powers of attorney, creating healthcare directives, minimizing estate taxes, planning for incapacity, and ensuring that your assets are distributed according to your wishes.
Local Laws Overview:
Key aspects of local laws in Florence, United States that are relevant to estate planning include laws governing wills, trusts, probate, estate taxes, and healthcare directives. It is important to understand these laws to ensure that your estate plan is legally valid and effective.
Frequently Asked Questions:
1. What is the difference between a will and a trust?
A will is a legal document that outlines how your assets will be distributed after your death, while a trust is a legal arrangement where a trustee holds and manages assets for the benefit of beneficiaries.
2. Do I need a lawyer to create an estate plan?
While it is possible to create an estate plan on your own, a lawyer can provide valuable legal advice and ensure that your plan complies with state laws.
3. How can I minimize estate taxes in Florence, United States?
You can minimize estate taxes by using strategies such as creating trusts, making gifts, and taking advantage of tax exemptions.
4. What is probate and how can I avoid it?
Probate is the legal process of validating a will and distributing assets to beneficiaries. You can avoid probate by creating a trust, using beneficiary designations, and making gifts during your lifetime.
5. Can I update my estate plan if my circumstances change?
Yes, it is important to regularly review and update your estate plan to reflect any changes in your family, finances, or goals.
6. How can I choose an executor for my will?
You should choose someone who is trustworthy, organized, and capable of carrying out your wishes. It is also important to discuss your decision with the person beforehand.
7. What is a power of attorney and why is it important?
A power of attorney is a legal document that appoints someone to make financial and legal decisions on your behalf if you become incapacitated. It is important to have a power of attorney to ensure that your affairs are managed properly in case of incapacity.
8. How can I ensure that my healthcare wishes are followed?
You can ensure that your healthcare wishes are followed by creating a healthcare directive, also known as a living will, which outlines your preferences for medical treatment in case you are unable to communicate them yourself.
9. What happens if I die without an estate plan?
If you die without an estate plan, your assets will be distributed according to state laws, which may not align with your wishes. It is important to create an estate plan to ensure that your assets are distributed as you intend.
10. How much does it cost to hire a lawyer for estate planning?
The cost of hiring a lawyer for estate planning in Florence, United States can vary depending on the complexity of your estate and the services you require. It is recommended to get quotes from multiple lawyers and discuss their fees before making a decision.
Additional Resources:
For more information on estate planning in Florence, United States, you may consider contacting the American Bar Association's Section on Real Property, Trust and Estate Law, the South Carolina Bar Association, or local estate planning attorneys in the area.
Next Steps:
If you are in need of legal assistance for estate planning in Florence, United States, it is recommended to schedule a consultation with a qualified estate planning attorney who can help you create a personalized plan that meets your needs and goals.
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.