Best Estate Planning Lawyers in Irvine
Share your needs with us, get contacted by law firms.
Free. Takes 2 min.
List of the best lawyers in Irvine, United States
We haven't listed any Estate Planning lawyers in Irvine, United States yet...
But you can share your requirements with us, and we will help you find the right lawyer for your needs in Irvine
Find a Lawyer in Irvine
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 Irvine, United States
Estate Planning in Irvine, United States involves creating a plan for the distribution of one's assets and property after death. This includes drafting wills, trusts, powers of attorney, and other legal documents to ensure that your wishes are carried out effectively. Estate Planning also addresses issues such as minimizing estate taxes, protecting assets, and appointing guardians for minor children.
Why You May Need a Lawyer
Individuals may require legal assistance in Estate Planning for various reasons. Some common situations include: having a complex family structure, owning a business, wanting to minimize estate taxes, needing to plan for incapacity, or having concerns about asset protection and creditor claims. A lawyer can provide guidance and expertise in navigating the legal complexities of Estate Planning.
Local Laws Overview
In Irvine, United States, Estate Planning laws are governed by state statutes, including the California Probate Code. Some key aspects of local laws that are particularly relevant to Estate Planning include rules surrounding will execution, probate procedures, estate taxes, and laws related to trusts and powers of attorney.
Frequently Asked Questions
1. What is the difference between a will and a trust?
A will is a legal document that specifies how your assets will be distributed after your death, while a trust is a legal arrangement that allows a third party (trustee) to hold and manage assets on behalf of beneficiaries.
2. Do I need an estate plan if I have a small estate?
Yes, even individuals with small estates can benefit from having an estate plan to ensure that their assets are distributed according to their wishes and to avoid potentially costly probate proceedings.
3. How often should I update my estate plan?
It is recommended to review and update your estate plan every few years or whenever significant life events occur, such as marriage, divorce, the birth of children, or a change in financial circumstances.
4. Can I create my own estate plan without a lawyer?
While it is possible to create some basic estate planning documents on your own, it is highly recommended to seek the guidance of a lawyer to ensure that your plan is legally valid and comprehensive.
5. What is probate and how can I avoid it?
Probate is the legal process of administering a deceased person's estate. You can avoid probate by using strategies such as creating a revocable living trust, designating beneficiaries on accounts, and gifting assets during your lifetime.
6. What is a power of attorney and why do I need one?
A power of attorney is a legal document that allows someone to make financial or healthcare decisions on your behalf if you are unable to do so. It is essential for incapacity planning and ensuring that your affairs are managed appropriately.
7. How can I protect my assets from creditors?
Asset protection strategies may include creating irrevocable trusts, forming limited liability entities, and purchasing insurance policies to shield assets from potential creditor claims.
8. Are estate taxes applicable in Irvine, United States?
California does not have its own estate tax, but individuals with estates exceeding the federal estate tax exemption may still be subject to federal estate tax. Consulting with a lawyer can help you navigate potential tax implications.
9. Can I disinherit a family member in my estate plan?
While it is possible to disinherit a family member in your will or trust, it is important to consult with a lawyer to ensure that your wishes are clearly outlined and legally enforceable.
10. How can I ensure that my minor children are cared for in my estate plan?
You can designate guardians for minor children in your will or trust to ensure that they are cared for by individuals of your choosing in the event of your incapacity or death.
Additional Resources
For additional information and resources on Estate Planning in Irvine, United States, you may consider contacting the State Bar of California or local Estate Planning attorneys for guidance and assistance.
Next Steps
If you are in need of legal assistance or have questions about Estate Planning in Irvine, United States, it is advisable to schedule a consultation with a qualified Estate Planning attorney who can provide personalized guidance based on your specific needs and circumstances.
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.