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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 Lansing, United States:
Estate planning refers to the process of arranging and planning for the disposal of an individual's estate. This includes assets, properties, and other belongings, to ensure that they are distributed according to the individual's wishes after their death. In Lansing, United States, estate planning laws govern how these assets are handled and distributed.
Why You May Need a Lawyer:
While some individuals may attempt to handle their estate planning on their own, there are situations where legal assistance is highly recommended. Hiring an estate planning lawyer can help ensure that your wishes are carried out effectively and legally. Common situations where you may need a lawyer for estate planning include complex family structures, special needs dependents, high-net-worth estates, and disputes among beneficiaries.
Local Laws Overview:
In Lansing, United States, estate planning laws dictate how assets are distributed after an individual's death. These laws include regulations on wills, trusts, powers of attorney, healthcare proxies, and more. It is essential to be familiar with these laws to ensure that your estate plan is legally binding and enforced.
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 should be distributed after your death, while a trust allows you to transfer your assets to a trustee who will manage them for the benefit of your beneficiaries.
2. Do I need a lawyer to create an estate plan?
While it is possible to create a basic estate plan without a lawyer, seeking legal assistance can help ensure that your wishes are carried out as intended and meet all legal requirements.
3. Can I update my estate plan if my circumstances change?
Yes, it is important to regularly review and update your estate plan to reflect any changes in your life, such as marriage, divorce, birth of children, or changes in financial status.
4. What is a power of attorney?
A power of attorney is a legal document that grants someone else the authority to make decisions on your behalf, typically in financial or healthcare matters.
5. How can I minimize estate taxes for my beneficiaries?
There are various estate planning strategies, such as gifting assets during your lifetime, setting up trusts, and utilizing tax exemptions, that can help minimize estate taxes for your beneficiaries.
6. What is a healthcare proxy?
A healthcare proxy is a legal document that designates someone to make medical decisions on your behalf if you are unable to do so yourself.
7. Can I disinherit a family member in my estate plan?
While disinheriting a family member is possible, it is important to consult with a lawyer to ensure that your wishes are carried out legally and effectively.
8. What happens if I die without an estate plan?
If you die without an estate plan, your assets will be distributed according to the laws of intestacy in your state, which may not align with your wishes.
9. How long does it take to create an estate plan?
The timeline for creating an estate plan can vary depending on your individual circumstances, but it typically takes a few weeks to several months to complete the process.
10. How much does it cost to hire an estate planning lawyer?
The cost of hiring an estate planning lawyer can vary based on the complexity of your estate and the services needed. It is recommended to obtain quotes from several lawyers before making a decision.
Additional Resources:
For additional resources and information on estate planning in Lansing, United States, you can visit the Michigan State Bar Association website or contact the Michigan Department of Attorney General.
Next Steps:
If you are in need of legal assistance for estate planning in Lansing, United States, it is recommended to contact a local estate planning lawyer who can guide you through the process and help ensure that your wishes are legally protected. You can schedule a consultation with a lawyer to discuss your specific needs and create a tailored estate plan that meets your goals.
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.