Best Estate Planning Lawyers in Kennebunk
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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
- 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: recososalawfirm@gmail.com📞 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 Kennebunk, United States
Estate planning in Kennebunk, United States involves the process of making decisions about how your assets will be distributed upon your death. This includes creating wills, trusts, powers of attorney, and other legal documents to ensure your wishes are carried out according to your intentions.
Why You May Need a Lawyer
You may need a lawyer for estate planning in Kennebunk, United States if you have complex family dynamics, significant assets, or if you want to minimize estate taxes. A lawyer can help you navigate the legal requirements and ensure your documents are drafted correctly to avoid any potential disputes among your beneficiaries.
Local Laws Overview
In Kennebunk, United States, the key aspects of estate planning laws include state regulations on wills, trusts, probate, and estate taxes. Understanding these laws is crucial to ensure your estate plan aligns with the legal requirements in the state.
Frequently Asked Questions
1. What is the difference between a will and a trust?
A will is a legal document that outlines how your assets will be distributed upon your death, while a trust is a legal entity that can hold and manage assets for the benefit of your chosen beneficiaries during your lifetime and after you pass away.
2. Do I need an estate plan if I don't have many assets?
Yes, everyone can benefit from having an estate plan regardless of the size of their assets. An estate plan can help ensure your wishes are carried out and can also designate who will make decisions on your behalf in case you become incapacitated.
3. Can I create my own estate plan without a lawyer?
While it is possible to create some basic estate planning documents on your own, working with a lawyer is recommended, especially for more complex situations. A lawyer can provide legal expertise and ensure your documents are legally valid.
4. What is probate and how can I avoid it?
Probate is the legal process of administering an estate after someone passes away. You can avoid probate by using tools like trusts, joint ownership, and beneficiary designations to transfer assets outside of the probate process.
5. How can I minimize estate taxes in Kennebunk, United States?
There are several strategies to minimize estate taxes, such as gifting assets during your lifetime, setting up trusts, and taking advantage of the federal estate tax exemption. A lawyer can help you develop a plan that aligns with your goals.
6. Can I update my estate plan after it has been created?
Yes, it is important to review and update your estate plan regularly, especially after major life events such as marriage, divorce, birth of a child, or acquisition of new assets. A lawyer can help you make any necessary changes to your estate plan.
7. What is a power of attorney and why do I need one?
A power of attorney is a legal document that allows you to designate someone to make financial or healthcare decisions on your behalf if you become incapacitated. Having a power of attorney in place can ensure your affairs are managed by someone you trust.
8. What happens if I pass away without an estate plan in Kennebunk, United States?
If you pass away without an estate plan, your assets will be distributed according to state intestacy laws, which may not align with your wishes. It is important to have an estate plan in place to control how your assets are distributed.
9. How can I choose the right executor for my estate?
Your executor should be someone you trust to carry out your wishes and handle the responsibilities of administering your estate. It is important to discuss this role with your chosen executor and ensure they are willing and capable of fulfilling the duties.
10. What documents should be included in an estate plan?
Common documents included in an estate plan are a will, trust, power of attorney, healthcare directives, and beneficiary designations. Your specific situation may require additional documents, which a lawyer can help you identify.
Additional Resources
If you need legal advice for estate planning in Kennebunk, United States, you may consider contacting the Maine State Bar Association or local estate planning attorneys for assistance.
Next Steps
If you require legal assistance with estate planning in Kennebunk, United States, we recommend reaching out to a qualified estate planning lawyer who can help you navigate the legal complexities and ensure your wishes are carried out effectively.
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.