Best Estate Planning Lawyers in Fort Lauderdale
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List of the best lawyers in Fort Lauderdale, United States
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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 Fort Lauderdale, United States:
Estate planning in Fort Lauderdale involves creating a plan for how your assets and belongings will be distributed after your passing. This includes making decisions about who will inherit your property, managing taxes, and planning for incapacity.
Why You May Need a Lawyer:
There are several situations where it is beneficial to seek legal advice from an estate planning attorney:
- Complex family dynamics
- High-value assets or business interests
- Concerns about estate taxes
- Special needs planning
- Second marriages or blended families
Local Laws Overview:
In Fort Lauderdale, estate planning is governed by Florida state laws. Some key aspects to consider include:
- Florida does not have an estate tax
- Probate laws may impact how your assets are distributed
- Advance directives for healthcare are essential documents to have in place
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 your death. It is essential to have a will to ensure your wishes are carried out.
2. Do I need a trust in addition to a will?
Trusts can help avoid probate and provide more control over how and when your assets are distributed. An estate planning attorney can advise if a trust is right for you.
3. How can I protect my assets from creditors?
Asset protection strategies can be included in your estate plan to help shield your assets from potential creditors.
4. What is a power of attorney and why is it important?
A power of attorney allows someone to make financial decisions on your behalf if you become incapacitated. It is crucial to have this document in place to ensure someone can manage your affairs.
5. Can I change my estate plan if my circumstances change?
Yes, it is important to review and update your estate plan regularly to reflect any changes in your life, such as marriage, divorce, or the birth of children.
6. What is a living will and do I need one?
A living will, also known as an advance directive, lays out your preferences for medical treatment if you are unable to communicate them yourself. It is a crucial document to have in place.
7. How are taxes handled in estate planning?
There are various tax considerations in estate planning, including estate taxes, gift taxes, and generation-skipping transfer taxes. An attorney can help navigate these complexities.
8. What happens if I die without an estate plan?
If you pass away without an estate plan, your assets will be distributed according to Florida's intestacy laws, which may not align with your wishes.
9. How can I ensure my beneficiaries are taken care of financially?
Life insurance policies and other financial instruments can help provide for your loved ones after your passing. Including these in your estate plan can offer added security.
10. How can an estate planning attorney help me?
An experienced estate planning attorney can help you create a comprehensive plan that aligns with your goals and ensures your wishes are carried out. They can provide guidance on complex legal matters and help you navigate the estate planning process.
Additional Resources:
For more information on estate planning in Fort Lauderdale, consider reaching out to the Florida Bar Association's section on Real Property, Probate, and Trust Law. They offer resources and referrals to qualified attorneys in your area.
Next Steps:
If you are in need of legal assistance with estate planning in Fort Lauderdale, it is recommended to schedule a consultation with an experienced estate planning attorney. They can assess your individual needs and help create a plan that meets your goals and protects your assets.
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.