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Balcomb & Green, P.C.
Glenwood Springs, United States

Founded in 1953
17 people in their team
English
Western Colorado’s Law FirmBalcomb & Green, P.C. is a law firm headquartered in Glenwood Springs, Colorado, with satellite offices in Aspen, Buena Vista and Lamar. Our attorneys represent clients throughout the State of Colorado and beyond. For over sixty years we have been providing...
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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
Estate Planning
Civil & Human Rights
Probate
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
Estate Planning
Elder Law
Landlord & Tenant
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 Glenwood Springs, United States

Estate planning law in Glenwood Springs, CO focuses on the regulation and management of an individual's assets both during their lifetime and after their death. It involves the drafting of wills, trusts, powers of attorney, and other documents that provide possession and control over an individual's assets to others in case of the individual's death or incapacitation. This is important to ensure proper distribution of assets according to one's wishes, as well as to minimize potential taxes and fees.

Why You May Need a Lawyer

Estate planning can be complex due to the variety of documents, laws, and tax implications involved. A lawyer can provide professional advice to ensure maximum benefit and minimal disruptions for beneficiaries of the estate. Common situations needing legal aid include creating wills or trusts, appointing powers of attorney, navigating tax issues, contesting a will, and aiding in the probate process.

Local Laws Overview

In Glenwood Springs, estate planning laws are governed by Colorado statutes. Most notably, Colorado uses the "Uniform Probate Code," intending to simplify the probate process. Colorado does not impose an estate tax, but federal estate tax may apply for estates exceeding certain thresholds. In Colorado, if a person dies without a will ('intestate'), the assets are distributed according to the Colorado probate laws, which may not align with the decedent's wishes. Consult a local lawyer to understand these laws better.

Frequently Asked Questions

Q1: Do I need a will?

A will is essential to determine how you want your assets distributed after your death. Without a will, Colorado's intestacy laws will apply, potentially leading to unwanted outcomes.

Q2: What is probate?

Probate is the legal process of settling an estate after a person's death. It includes validating the will, paying debts, and distributing assets as per the will or Colorado law.

Q3: What is a power of attorney?

A power of attorney allows you to assign someone to manage your financial affairs if you become unable to do so.

Q4: Can a will be contested?

Yes, a will can be contested in certain circumstances such as allegations of undue influence or incompetency of the person when they signed the will.

Q5: What is a trust?

A trust is a fiduciary agreement that allows a trusted third party, or trustee, to hold assets on behalf of a beneficiary.

Additional Resources

The Colorado Bar Association provides resources and guidance on estate planning. The 'Colorado Legal Help Center' offers free or low-cost legal aid. The IRS website can provide tax information relevant to estate planning.

Next Steps

If you need legal assistance with estate planning, your first step should be to consult with a reputable Estate Planning Lawyer in Glenwood Springs. They can provide guidance based on your specific situation and help you navigate through the complexities of estate planning law in Colorado.

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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.