Best Estate Planning Lawyers in Hattiesburg
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List of the best lawyers in Hattiesburg, United States
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Find a Lawyer in HattiesburgUnited 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 Hattiesburg, United States:
Estate planning is the process of arranging for the transfer of your assets to your loved ones or other beneficiaries upon your passing. In Hattiesburg, United States, estate planning involves creating documents such as wills, trusts, powers of attorney, and advance healthcare directives to ensure that your wishes are carried out after you are no longer able to make decisions. Estate planning can also help minimize estate taxes and avoid probate court.
Why You May Need a Lawyer:
While some individuals may attempt to handle their estate planning on their own, it is advisable to seek the guidance of a professional estate planning attorney. A lawyer can help you navigate complex legal issues, ensure that your documents are legally valid, and provide peace of mind that your wishes will be carried out as intended.
Local Laws Overview:
In Hattiesburg, United States, estate planning laws are governed by state statutes that outline the requirements for creating valid wills, trusts, and other estate planning documents. It is important to be aware of the specific laws in Mississippi that may impact your estate plan, such as laws regarding inheritance, estate taxes, and probate procedures.
Frequently Asked Questions:
What is the difference between a will and a trust?
A will is a legal document that outlines how you want your assets distributed after your death, while a trust is a legal arrangement that allows a trustee to hold and manage assets for the benefit of beneficiaries.
Do I need an estate plan if I don't have a lot of assets?
Yes, estate planning is important regardless of the size of your estate. It allows you to make decisions about who will receive your assets and who will make important decisions on your behalf if you become incapacitated.
What is probate and how can I avoid it?
Probate is the legal process of validating a will and distributing assets after someone passes away. You can avoid probate by creating a trust, naming beneficiaries on certain accounts, and having a comprehensive estate plan in place.
Can I make changes to my estate plan after it is created?
Yes, you can update your estate plan at any time by working with your estate planning attorney to make amendments or create new documents that reflect your current wishes.
Additional Resources:
If you need legal advice or assistance with estate planning in Hattiesburg, you can contact the Mississippi Bar Association or the South Mississippi Estate Planning Council for referrals to qualified attorneys in your area.
Next Steps:
If you are considering estate planning or need help with an existing estate plan in Hattiesburg, United States, it is recommended that you schedule a consultation with an experienced estate planning attorney. They can review your current situation, discuss your goals, and create a comprehensive plan that meets your needs and protects your loved ones.
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.