Best Estate Planning Lawyers in Glendale
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List of the best lawyers in Glendale, 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: 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 Glendale, United States
Estate planning in Glendale, United States involves the preparation of legal documents and strategies to manage a person's assets and affairs during their lifetime and after death. This field of law allows individuals to specify how they want their property distributed, make plans in case they become incapacitated, and provide for loved ones, including minor children. Whether you own a home, have investments, or want specific wishes carried out, estate planning helps you achieve peace of mind and clarity for your family.
Why You May Need a Lawyer
Many people in Glendale seek legal assistance with estate planning because it involves complex laws and sensitive family considerations. Common situations where a lawyer's help is especially beneficial include:
- Preparing or updating a will or trust to ensure wishes are legally valid
- Minimizing estate taxes and avoiding unnecessary probate costs
- Setting up power of attorney for health care or financial matters
- Designating guardians for minor children or dependents
- Protecting assets from creditors or in case of remarriage
- Handling blended family situations or concerns about disinheritance
- Navigating probate when a loved one has passed away without clear instructions
- Ensuring compliance with both California and federal estate laws
A lawyer can explain options, draft necessary documents, and provide guidance tailored to your unique situation. This reduces the likelihood of disputes or court challenges after your passing.
Local Laws Overview
Estate planning in Glendale is governed by California state law, with some potential local nuances. Some key aspects include:
- Community Property Rules: California is a community property state. Assets acquired during marriage may be considered jointly owned by both spouses, affecting how property is distributed.
- Wills and Trusts: California allows both wills and living trusts. A properly structured trust can help avoid the probate process, which can be lengthy and costly in California.
- Probate: Probate is the legal process for settling a deceased person's estate. California has procedures for simple and complex estates. Small estates may qualify for simplified procedures if assets are below certain thresholds.
- Advance Health Care Directives: State law allows individuals to appoint agents to make medical decisions if they become incapacitated, as well as specify end-of-life care preferences.
- Power of Attorney: Legal documents can appoint agents to manage your finances if you are unable to do so.
- Inheritance Laws: If you die without a will, state intestacy laws determine who inherits your assets, generally favoring spouses and children.
Working with a local Glendale attorney ensures that all estate documents comply with California law and reflect any local filing requirements.
Frequently Asked Questions
What is included in a basic estate plan?
A basic estate plan typically consists of a will, a durable power of attorney, and an advance health care directive. Many people also set up a living trust for added flexibility and to avoid probate.
Do I need a trust or is a will enough?
A will alone may require your estate to go through probate, which can be costly and time-consuming in California. A living trust can help assets transfer easily and privately, often without court involvement.
At what age should I start estate planning?
It’s wise to start estate planning as soon as you have assets or dependents. Many start after major life events such as marriage, having children, or purchasing property.
What happens if I die without a will in Glendale?
If you pass away without a valid will, your estate will be distributed according to California’s intestacy laws. Typically, assets go to your closest relatives, such as your spouse and children.
How often should I update my estate plan?
Review your estate plan every few years or after significant life changes like marriage, divorce, births, deaths, or substantial changes in assets.
Can I make changes to my will or trust?
Yes, you can update or amend your will or trust at any time as long as you are mentally competent. It’s common to revise documents as circumstances change.
What is probate and can it be avoided?
Probate is the court process for settling a deceased person’s estate. It can often be avoided by using a living trust, properly titling assets, and naming beneficiaries on accounts.
Are there estate or inheritance taxes in California?
California does not impose a state inheritance or estate tax, but larger estates may still be subject to federal estate tax if they exceed certain thresholds.
Do I need to hire a lawyer for estate planning?
While not legally required, hiring a lawyer is highly recommended. Mistakes in estate documents can lead to costly court battles or unintended results. An attorney ensures your wishes are legally sound and compliant with state laws.
What should I bring to my first meeting with an estate planning lawyer?
Bring a list of your assets, debts, family members, and any specific distribution wishes or concerns. Documents like property deeds, account statements, and existing estate documents are also helpful.
Additional Resources
If you are seeking more information or legal help regarding estate planning in Glendale, consider these resources:
- Los Angeles County Superior Court - Probate Division: Handles probate cases for Glendale residents.
- California State Bar Association: Provides lawyer referral services and educational materials on estate planning.
- California Department of Justice - Office of the Attorney General: Offers general information on powers of attorney and advance health care directives.
- Legal Aid Foundation of Los Angeles: May provide free or low-cost legal help to eligible residents.
- Glendale Public Library: Offers community guides and sometimes hosts estate planning seminars.
Next Steps
If you need assistance with estate planning in Glendale, start by gathering your financial and family information and setting clear goals. Consider which documents you may need, such as a will, trust, or power of attorney. Research local attorneys with experience in estate law, read reviews, and schedule a consultation to discuss your needs. Many lawyers offer a free or low-cost initial meeting. Bring all relevant documents and questions to make the most of your time. Professional advice is invaluable in ensuring your wishes are honored and your loved ones are protected.
Proactive estate planning gives you control, minimizes costs, and reduces stress for your family in the future. If you are unsure where to begin, reach out to a qualified estate planning attorney in Glendale for guidance.
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.