Best Estate Planning Lawyers in Fresno
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List of the best lawyers in Fresno, United States
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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: recososalawfirm@gmail.com📞 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 Fresno, United States
Estate planning refers to the process of making arrangements for the management and distribution of your assets after you pass away or in the event that you become incapacitated. In Fresno, California, estate planning laws help individuals ensure their assets are distributed according to their wishes, minimize tax liabilities, and protect loved ones. Estate planning can involve wills, trusts, powers of attorney, advanced healthcare directives, and more. Having a solid estate plan in place provides peace of mind and can help avoid lengthy court processes, such as probate.
Why You May Need a Lawyer
Estate planning can be complex and confusing. Here are some common situations where the help of an experienced attorney can be invaluable:
- You want to make sure your assets pass to the right beneficiaries
- You recently purchased significant property or own a business
- You are concerned about minimizing estate or inheritance taxes
- You have minor children who need a guardian in the event of your death
- A family member has special needs or receives government benefits
- You are concerned about potential disputes between heirs
- You want to avoid probate or keep your financial affairs private
- Your circumstances have changed, such as divorce, remarriage, or the birth of a new child
- You want to plan for incapacity or appoint someone to handle decisions if you are unable to do so
- You have complex assets or high net worth that requires advanced planning
A qualified estate planning attorney in Fresno can help tailor a plan to your unique needs, comply with California laws, and provide guidance through changing circumstances.
Local Laws Overview
In Fresno, estate planning is primarily governed by California state law. Some of the key aspects include:
- Wills: California recognizes both formal wills and handwritten (holographic) wills, but specific legal requirements must be met for them to be valid.
- Trusts: Revocable living trusts are popular for avoiding probate and providing privacy. Fresno residents often use these tools to manage and distribute assets.
- Probate Process: Unless assets are in a trust or directly transferable to beneficiaries, they may be subject to probate, which is a court-supervised process for distributing a deceased person's estate.
- Community Property Laws: California is a community property state. This means most assets acquired during marriage are considered jointly owned, impacting estate distribution.
- Advance Healthcare Directive: California law allows individuals to specify medical preferences and appoint healthcare agents through a legal document.
- Incapacity Planning: Durable powers of attorney allow you to designate someone to handle financial or medical decisions if you are unable to do so yourself.
- Estate Taxes: While California currently does not have its own estate tax, federal estate taxes may still apply depending on the size of your estate.
Local Fresno courts, such as the Fresno County Superior Court, play a central role in probate and estate administration matters.
Frequently Asked Questions
What is the difference between a will and a trust?
A will is a legal document that outlines your wishes for distributing your property after death. A trust is a legal arrangement where a trustee manages assets on behalf of beneficiaries. Trusts can avoid probate and often provide more privacy and control.
Do I need a lawyer to create a will or trust in Fresno?
While it is possible to create a simple will or trust on your own, an attorney can ensure your documents comply with California law, address your unique situation, and help avoid costly mistakes.
How does probate work in Fresno?
Probate is the legal process of administering a deceased person’s estate, paying debts, and distributing property. In Fresno, probate cases go through the Fresno County Superior Court. The process can take several months to over a year, depending on estate complexity.
Can I avoid probate in Fresno?
Yes, some strategies to avoid probate include placing assets in a living trust, naming beneficiaries on accounts, using joint ownership with right of survivorship, or using payable-on-death designations.
Do I need to worry about estate taxes in California?
California does not currently impose a state estate tax. However, large estates may be subject to federal estate taxes. An estate planning attorney can help you plan accordingly.
What happens if I die without a will in Fresno?
If you die without a will, California’s intestacy laws determine how your property is distributed. Typically, assets go to your closest relatives according to a set order, which may not reflect your wishes.
How often should I update my estate plan?
Review your estate plan every three to five years or whenever there are major life changes such as marriage, divorce, the birth of a child, major asset acquisition, or changes in tax law.
Who can be a witness to my will in Fresno?
In California, two adults not named as beneficiaries or heirs in your will must witness your signing of the will for it to be valid.
What is a durable power of attorney?
A durable power of attorney is a legal document that gives someone you trust the authority to manage your financial or healthcare decisions if you are unable to do so.
Can estate planning help avoid family disputes?
Yes, clear and thorough estate planning can minimize confusion, reduce the risk of disputes among heirs, and provide guidance that helps avoid litigation.
Additional Resources
If you are looking for more information or assistance with estate planning in Fresno, consider the following resources:
- Fresno County Superior Court - Probate Division
- California State Bar - Public Services on Estate Planning
- California Department of Consumer Affairs - Estate Planning Consumer Information
- Central California Legal Services - Free and Low-Cost Legal Assistance
- Local law libraries, such as the Fresno County Law Library
- Legal aid organizations in Fresno and surrounding areas
Next Steps
Starting your estate planning journey is an important step toward protecting your assets and ensuring your wishes are followed. Here is how you can proceed if you believe you need legal help:
- Make a list of your assets, debts, and key family circumstances
- Write down your estate planning goals and any concerns you have
- Contact a local estate planning attorney in Fresno for a consultation
- Bring your documents and questions to your appointment
- Review your plan regularly and update it as your needs change
Whether you have a simple estate or complex affairs, an experienced lawyer can provide you with tailored advice and ensure your legacy is secure.
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.