Best Estate Planning Lawyers in Lewiston
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List of the best lawyers in Lewiston, 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 Lewiston, United States
Estate planning is a legal process that involves making arrangements for the transfer of your assets, properties, and wealth after your passing. In Lewiston, United States, estate planning laws provide a framework to ensure that your wishes are carried out and your loved ones are provided for in the event of your death.
Why You May Need a Lawyer
While it is possible to create a basic estate plan without legal assistance, there are certain situations where it is highly recommended to consult with an experienced estate planning lawyer:
- If you have a large estate or complex financial situation
- If you want to protect your assets from potential creditors or legal disputes
- If you have minor children and need to establish guardianship
- If you want to minimize estate taxes and maximize the benefits passed on to your beneficiaries
- If you need help with setting up trusts or establishing advance medical directives
Local Laws Overview
In Lewiston, United States, estate planning is governed by state laws, which may have specific provisions and requirements. Some key aspects of local laws that are particularly relevant to estate planning in Lewiston include:
- Wills and Trusts: Lewiston has specific laws regarding the creation and validity of wills and trusts. These laws outline the requirements for a legally binding will or trust document.
- Probate Process: The probate process in Lewiston is the legal process through which a person's estate is distributed after their death. It is important to understand the local probate laws to ensure a smooth distribution of assets.
- State Inheritance Laws: Lewiston has its own laws that dictate how assets are distributed if someone dies without a will. Understanding these laws is crucial to avoid unintended distribution of assets.
- Power of Attorney and Healthcare Directives: Lewiston has specific laws regarding the appointment of a power of attorney for financial and healthcare matters, as well as laws pertaining to advance healthcare directives.
Frequently Asked Questions
1. What is the difference between a will and a trust?
A will is a legal document that outlines your wishes regarding the distribution of your assets after your death. A trust, on the other hand, is a legal entity that holds your assets during your lifetime and allows for their management and distribution according to your instructions.
2. Do I need an estate plan if I don't have many assets?
Yes, everyone can benefit from having an estate plan. Even if you have limited assets, an estate plan can ensure that your wishes are followed, your loved ones are provided for, and potential conflicts or legal issues are avoided.
3. Can I create my own estate plan without a lawyer?
While it is possible to create a basic estate plan on your own, consulting with an experienced estate planning lawyer is highly recommended, especially for more complex situations. An attorney can ensure that your estate plan is legally sound and tailored to your specific needs.
4. How often should I update my estate plan?
It is recommended to review and update your estate plan periodically, especially when major life events occur, such as marriage, divorce, birth of a child, or significant changes in your financial situation. It is a good idea to review your plan every 3-5 years, or sooner if necessary.
5. How can I minimize estate taxes?
Minimizing estate taxes can be achieved through various strategies, such as establishing certain types of trusts, gifting assets during your lifetime, and taking advantage of tax exemptions and deductions. An estate planning lawyer can help you navigate these options and develop a tax-efficient plan.
Additional Resources
If you need further information or assistance with estate planning in Lewiston, United States, consider reaching out to the following resources:
- Lewiston Bar Association - www.lewistonbarassociation.org
- Lewiston Department of Revenue - www.lewistonrevenue.gov
- National Academy of Elder Law Attorneys - www.naela.org
Next Steps
If you require legal assistance for estate planning in Lewiston, United States, follow these steps:
- Assess your specific estate planning needs and gather relevant documents and information.
- Research and make a list of estate planning lawyers in Lewiston who specialize in the areas relevant to your needs.
- Contact and schedule consultations with a few potential lawyers to discuss your situation and evaluate their expertise and compatibility.
- Select a lawyer who best meets your requirements and proceed with engaging their services.
- Work closely with your chosen lawyer to create or update your estate plan, ensuring it accurately reflects your wishes and complies with the relevant laws.
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.