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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 Great Neck, United States:
Estate planning is the process of making decisions about how your assets will be distributed after you pass away. In Great Neck, United States, estate planning laws govern these decisions and help ensure that your wishes are followed. By creating a comprehensive estate plan, you can protect your assets, provide for your loved ones, and minimize taxes.
Why You May Need a Lawyer:
There are several situations where you may benefit from the expertise of a lawyer in estate planning. Some common reasons include:
- Creating a will or trust
- Designating beneficiaries for your assets
- Minimizing estate taxes
- Establishing healthcare directives
- Protecting assets from creditors
Local Laws Overview:
In Great Neck, United States, estate planning laws are governed by state statutes and regulations. Some key aspects of local laws that are particularly relevant include:
- Probate process
- Guardianship laws
- Estate tax laws
- Requirements for creating a valid will or trust
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 after you pass away, while a trust is a legal arrangement that allows a third party, or trustee, to hold assets on behalf of beneficiaries.
2. Do I need an estate plan if I don't have a lot of assets?
Yes, everyone can benefit from having an estate plan, regardless of the amount of assets they have. An estate plan can help ensure your wishes are followed and simplify the distribution of your assets.
3. How often should I update my estate plan?
It is recommended to review your estate plan every few years or whenever you experience a major life event, such as marriage, divorce, or the birth of a child.
4. What happens if I die without an estate plan?
If you die without an estate plan, your assets will be distributed according to state intestacy laws, which may not align with your wishes. It is important to create an estate plan to ensure your assets are distributed as you desire.
5. Can I create my own estate plan without a lawyer?
While it is possible to create your own estate plan using online templates or software, consulting with a lawyer can help ensure your plan is legally valid and comprehensive.
6. How can I reduce estate taxes for my beneficiaries?
There are several estate planning strategies that can help minimize estate taxes, such as gifting assets during your lifetime, creating a trust, or setting up a charitable foundation.
7. What is a healthcare directive and why is it important?
A healthcare directive, or living will, is a legal document that outlines your wishes for medical treatment in the event you are unable to communicate. This document can help ensure your healthcare preferences are followed.
8. What is the probate process and how can I avoid it?
Probate is the legal process of distributing a deceased person's assets under court supervision. You can avoid probate by creating a trust, designating beneficiaries for your assets, or using joint ownership with rights of survivorship.
9. Can I disinherit someone from my estate?
Yes, you can disinherit someone from your estate by clearly stating your intentions in your will or trust. It is important to consult with a lawyer to ensure your wishes are legally valid.
10. How can I protect my assets from creditors?
There are several estate planning strategies that can help protect your assets from creditors, such as creating a trust, establishing a limited liability company, or purchasing life insurance.
Additional Resources:
If you are in need of legal advice or assistance with estate planning in Great Neck, United States, consider contacting the following resources:
- Great Neck Bar Association
- New York State Bar Association
- Estate Planning Council of Great Neck
Next Steps:
If you require legal assistance with estate planning in Great Neck, United States, it is recommended to schedule a consultation with a local estate planning lawyer. They can help assess your individual needs, create a comprehensive estate plan, and ensure your assets are protected for the 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.