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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 Franklin, United States:
Estate planning is the process of preparing for the transfer of a person's assets and wealth after their death. In Franklin, United States, estate planning involves creating a plan to distribute assets, minimize taxes, and ensure your wishes are carried out according to local laws.
Why You May Need a Lawyer:
There are several situations where you may require legal help in estate planning, such as creating a will, establishing trusts, planning for incapacity, minimizing estate taxes, and ensuring your assets are distributed according to your wishes. A lawyer can help navigate the complex laws and regulations surrounding estate planning and ensure your plan is legally sound.
Local Laws Overview:
In Franklin, United States, estate planning laws govern how assets are distributed upon death, how taxes are handled, and how guardianship and conservatorship are determined. It is important to understand these laws to ensure your estate plan is in compliance and your wishes are carried out.
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 upon your death, while a trust is a separate legal entity that can hold assets and distribute them according to your instructions during your lifetime and after your death.
2. Do I need an estate plan if I don't have many assets?
Yes, everyone should have an estate plan regardless of the size of their assets. An estate plan can address important issues such as guardianship of minor children, healthcare decisions, and distribution of personal belongings.
3. How can I minimize estate taxes in Franklin, United States?
There are several strategies to minimize estate taxes, such as gifting assets during your lifetime, establishing trusts, and taking advantage of tax exemptions. A lawyer can help you navigate these options to minimize tax liabilities.
4. What is probate and how can I avoid it?
Probate is the legal process of validating a will and distributing assets according to its instructions. You can avoid probate by establishing a trust, designating beneficiaries on financial accounts, and utilizing other estate planning tools.
5. Can I change my estate plan if my circumstances change?
Yes, you can update your estate plan whenever your circumstances change, such as marriage, divorce, birth of children, or acquisition of new assets. It is important to review and update your estate plan regularly to reflect your current wishes.
6. How can I ensure my healthcare wishes are honored in Franklin, United States?
You can create advance directives, such as a healthcare proxy and living will, to outline your wishes for medical treatment and appoint someone to make healthcare decisions on your behalf if you are unable to do so.
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 your affairs are managed in your best interests.
8. Can I disinherit someone in my estate plan?
Yes, you can disinherit someone in your estate plan by clearly stating your intentions in your will or trust. It is important to consult with a lawyer to ensure your intentions are legally binding and will not be challenged in court.
9. What is the role of a trustee in estate planning?
A trustee is responsible for managing assets held in a trust and distributing them according to the trust's instructions. It is important to choose a trustworthy and competent trustee to carry out your wishes effectively.
10. How can I find a reputable estate planning lawyer in Franklin, United States?
You can ask for recommendations from friends and family, research online reviews, and consult with local bar associations to find a reputable estate planning lawyer in Franklin, United States. It is important to choose a lawyer with experience in estate planning and a good reputation in the community.
Additional Resources:
For more information on estate planning in Franklin, United States, you can visit the Franklin Bar Association website, the Franklin Department of Revenue website, and the American Bar Association's estate planning resources.
Next Steps:
If you need legal assistance with estate planning in Franklin, United States, it is important to consult with a qualified estate planning lawyer to help you navigate the complex laws and regulations surrounding estate planning. Contact our firm today to schedule a consultation and start planning for your future.
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.