Best Estate Planning Lawyers in Kailua-Kona

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Carlsmith Ball LLP
Kailua-Kona, United States

Founded in 1857
46 people in their team
English
At Carlsmith Ball, our history is driven by change. From the founding of our first office in Hilo in 1857, to welcoming the state’s first woman lawyer, to representing Hawaii’s earliest condominium projects, we’ve been a part of the evolving legal landscape over the past 160 years. And we...
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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
Estate Planning
Civil & Human Rights
Probate
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
Estate Planning
Elder Law
Landlord & Tenant
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 Kailua-Kona, United States

Estate planning law in Kailua-Kona covers various facets of managing your belongings and wealth during your lifetime and beyond. It includes the drafting of legal documents like Wills, Trusts, Power of Attorney, and related instruments that legally outline your wishes regarding your wealth distribution and health care decisions in the event of incapacity or death.

Why You May Need a Lawyer

An experienced lawyer is valuable in navigating the intricate aspects of Estate Planning. Situations such as estate tax concerns, inheritance allocation, disputes over property, business succession, creation of living trusts, administering the estate or trust, probate, and even write a valid will often require legal help. You may need professional advice to safeguard your interests and ensure your wishes are carried out as you'd like.

Local Laws Overview

In Kailua-Kona and the State of Hawaii, estate planning laws are steered by state legislation. One important aspect is the Hawaii State probate law which affects how one's property is distributed upon their death. The State also has guidelines on Power of Attorney and Advance Health Care Directives. Moreover, if your estate exceeds the federal estate tax exemption limit, you might need to deal with estate taxes. Understanding these laws and other nuances of Estate Planning can be challenging, warranting legal assistance.

Frequently Asked Questions

1. What happens if I don’t have a Will?

If you die without a Will (intestate) in Kailua-Kona, your property and belongings are distributed by the Hawaii state intestacy laws, which may not align with your wishes.

2. When should I consider probate?

Probate is necessary when you own assets solely in your name, without any beneficiaries designated. It's the legal process that validates your Will and distributes your assets accordingly.

3. Are Wills public in Kailua-Kona?

Yes, once a Will has been submitted to probate, it is considered a public document and can be accessed by anyone.

4. Can I amend my Will?

Yes, you can amend your Will by drafting a new one or creating a codicil, which is an addition or supplement that explains, modifies, or revokes a Will or part of one.

5. What is a Trust?

A Trust is a legal arrangement where a trustee holds and manages assets for the benefit of others (the beneficiaries). It's a wise tool for avoiding probate, providing for minors, or managing large estates.

Additional Resources

The Office of the Attorney General for Hawaii provides resources on their website that cover many aspects of Estate law. The Hawaii State Bar Association can provide referrals to estate planning attorneys.

Next Steps

If you are considering creating a Will, Trust, or Estate Plan, you should seek out a qualified estate planning attorney in Kailua-Kona. The lawyer can guide you through the process, understanding your unique needs, mapping your estate, and creating the necessary documents that meet your personal circumstances and comply with Hawaii laws.

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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.