Best Estate Planning Lawyers in Hunt Valley
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List of the best lawyers in Hunt Valley, 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 Hunt Valley, United States
Estate Planning in Hunt Valley, United States focuses on the management of an individual's estate during their lifetime and after their death. This includes the creation of legal documents such as wills, trusts, powers of attorney, and healthcare directives. Estate planning laws help to streamline the probate process, ensuring the deceased’s wishes are respected insofar as division and distribution of their assets are concerned, and minimizing estate taxes where possible.
Why You May Need a Lawyer
Lawyers specializing in Estate Planning can provide valuable assistance in many situations. For instance, if you want to draft a will or set up a trust, a lawyer can help ensure everything is in line with your wishes and compliant with the law. An attorney is also invaluable in addressing complex situations such as large estates, contentious family situations or planning for a family member with special needs. Additionally, an attorney can help manage the probate process and tackle any arising legal disputes after a loved one's passing.
Local Laws Overview
Estate planning laws vary across different states, and understanding the specific laws in Hunt Valley is critical. In Maryland, where Hunt Valley is located, several laws impact the estate planning process. For instance, Maryland does not recognize holographic (handwritten & self-signed) wills unless they are witnessed. Also, there's a cap on the Maryland estate tax exemption, meaning estates exceeding a specific value are subject to tax. Moreover, the state has unique rules regarding healthcare directives and power of attorney that should be carefully adhered to.
Frequently Asked Questions
What happens if I die without a will in Hunt Valley?
If you die without a will, known as dying intestate, your property will be distributed according to Maryland's intestacy laws. This typically means your closest relatives will inherit your assets, potentially excluding unmarried partners, friends, and charities.
Do I need a lawyer to draft a will or establish a trust?
While it's not mandatory to hire a lawyer, it is highly advisable. A lawyer can provide useful advice, ensure the documents comply with all necessary legal formalities, and prevent potential disputes or misunderstandings.
Can I avoid probate in Hunt Valley?
Yes, it is possible to avoid probate in Hunt Valley through techniques such as payable-on-death designations for bank accounts, or by creating a revocable living trust.
Who will manage my affairs if I become incapacitated?
If you have a durable power of attorney in place, the person you named will manage your affairs. If not, a court may appoint a guardian or conservator.
What is a Living Will?
A Living Will, also known as an Advance Directive, allows you to specify healthcare wishes in the event you become unable to communicate or make decisions in the future due to illness or incapacity.
Additional Resources
Resources that can provide more information include the Maryland State Bar Association's section on Estate & Trust Law and the Maryland Attorney General's guide on Wills, Estates, and Trusts. Nonprofit organizations like the National Academy of Elder Law Attorneys (NAELA) also provide helpful resources and directories of attorneys.
Next Steps
If you need legal assistance with your estate planning, it is advisable to seek the counsel of an experienced Estate Planning lawyer. Research and shortlist reputable attorneys in Hunt Valley, establish initial consultations, discuss your specific needs, expectations and their fees before making a decision. Being proactive about your estate planning can provide peace of mind and ensure your wishes will be honored in 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.