Best Estate Planning Lawyers in Henderson
Share your needs with us, get contacted by law firms.
Free. Takes 2 min.
List of the best lawyers in Henderson, United States
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 Henderson, United States
Estate planning is the legal process of making arrangements for the distribution of one's assets after they pass away. In Henderson, United States, estate planning involves creating legally binding documents such as wills, trusts, and power of attorney forms to ensure that your wishes regarding your estate are fulfilled. It is important to consult with a knowledgeable estate planning lawyer to ensure that your assets are protected and distributed according to your wishes.
Why You May Need a Lawyer
While it is possible to create a basic estate plan without professional help, certain situations may necessitate the assistance of an estate planning lawyer. Here are some common scenarios where you may require legal help:
- If you have a large estate or complex financial situation
- If you have a blended family or dependent children
- If you own a business or have significant investments
- If you want to establish a trust to protect your assets
- If you need help with tax planning to minimize estate taxes
Local Laws Overview
When undertaking estate planning in Henderson, United States, it is important to be aware of the following key aspects of local laws:
- In Henderson, a will must be in writing, signed by the testator (person making the will), and witnessed by two individuals who are not beneficiaries or spouses of beneficiaries.
- Probate is the legal process through which a deceased person's assets are distributed. In Henderson, probate proceedings are generally overseen by the Eighth Judicial District Court.
- Henderson follows community property laws, which means that property acquired during a marriage may be considered jointly owned by both spouses, unless otherwise specified.
- It is crucial to understand the state and federal estate tax laws that apply to your specific situation, as they can have a significant impact on your estate plan.
Frequently Asked Questions
1. What is a living will?
A living will, also known as an advanced healthcare directive, is a legal document that outlines your preferences for medical treatment and end-of-life care in case you become incapacitated and are unable to communicate your wishes.
2. What is the purpose of a trust?
A trust is a legal arrangement where a trustee holds and manages assets on behalf of beneficiaries. It can be used for various purposes, such as avoiding probate, minimizing estate taxes, and providing for the care of minor children or individuals with special needs.
3. Can I modify or revoke my estate plan?
Yes, you can modify or revoke your estate plan at any time as long as you are mentally competent. It is recommended to consult with an attorney to ensure that the changes are properly executed and documented.
4. Do I need an attorney to create a will?
While it is possible to create a will without an attorney, consulting with an estate planning lawyer can ensure that your will is valid, properly drafted, and reflects your specific wishes. This can help prevent potential disputes and ensure the smooth distribution of your assets.
5. What happens if I die without an estate plan?
If you die without an estate plan, your assets will be distributed according to the intestate succession laws of Nevada. This may not align with your wishes and could lead to disputes among your heirs. It is advisable to consult with an attorney to create a comprehensive estate plan.
Additional Resources
For additional information and assistance in estate planning in Henderson, United States, consider referring to the following resources:
- State Bar of Nevada - Estate Planning Resources: www.nvbar.org/for-the-public/legal-resources/estate-planning/
- Nevada Revised Statutes - Title 12: Wills and Estates of Deceased Persons: www.leg.state.nv.us/nrs/nrs-012.html
- Henderson Probate Court: www.cityofhenderson.com/municipal-court/probate
Next Steps
If you need legal assistance in estate planning, follow these steps:
- Identify your specific estate planning needs and goals.
- Research and shortlist reputable estate planning lawyers in Henderson.
- Schedule consultations with potential attorneys to discuss your situation.
- Select an attorney who understands your needs and has experience in estate planning.
- Work closely with your chosen attorney to create a personalized estate plan.
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.