Best Estate Planning Lawyers in Lihue
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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: [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 Lihue, United States
Estate planning is the process of arranging for the disposal of an individual's assets and obligations after their death. In Lihue, United States, estate planning involves creating legal documents such as wills, trusts, and powers of attorney to ensure that your wishes are carried out and your loved ones are provided for. It also involves minimizing estate taxes and avoiding probate court proceedings.
Why You May Need a Lawyer
There are several situations where you may require the assistance of a lawyer for estate planning. Some common reasons include:
- Complex family situations, such as blended families or estranged relatives
- High-value assets, such as businesses, real estate, or investments
- Concerns about estate taxes and minimizing tax liabilities
- Incapacity planning to ensure that someone can make decisions on your behalf if you become unable to do so
Local Laws Overview
Key aspects of local laws in Lihue, United States that are relevant to estate planning include:
- Probate laws and procedures
- Tax laws related to estates and inheritance
- Rules governing wills, 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 outlines how your assets should be distributed after your death, while a trust is a legal entity that can hold and manage assets on behalf of beneficiaries.
2. Do I need a will if I don't have many assets?
Even if you don't have many assets, having a will can help ensure that your wishes are carried out and make the probate process smoother for your loved ones.
3. Can I make changes to my estate plan after it's been created?
Yes, you can make changes to your estate plan at any time by working with a lawyer to update your documents.
4. What happens if I die without a will in Lihue?
If you die without a will in Lihue, your assets will be distributed according to state intestacy laws, which may not align with your wishes.
5. How can I minimize estate taxes in Lihue?
Estate tax planning strategies may include setting up trusts, making gifts during your lifetime, and taking advantage of tax exemptions and deductions.
6. What is a power of attorney and why do I need one?
A power of attorney is a legal document that grants someone else the authority to make decisions on your behalf. It is important for incapacity planning and ensuring that your affairs are taken care of if you become unable to do so.
7. How can I avoid probate in Lihue?
You can avoid probate by setting up a trust, owning assets jointly with rights of survivorship, and designating beneficiaries for assets such as retirement accounts and life insurance policies.
8. Can I disinherit a family member in my will?
While you have the right to disinherit a family member in your will, it is important to consult with a lawyer to ensure that your wishes are legally enforceable.
9. What is a living will and do I need one?
A living will is a legal document that outlines your wishes for end-of-life medical care. It is important for making sure that your healthcare preferences are known and respected if you become incapacitated.
10. How much does it cost to hire an estate planning lawyer in Lihue?
The cost of hiring an estate planning lawyer in Lihue can vary depending on the complexity of your estate and the services required. It is recommended to schedule a consultation to discuss your specific needs and receive a cost estimate.
Additional Resources
For more information on estate planning in Lihue, United States, you can contact the Hawaii State Bar Association or visit the Hawaii Judiciary website for resources and legal information.
Next Steps
If you are in need of legal assistance for estate planning in Lihue, United States, it is recommended to schedule a consultation with a local estate planning lawyer. They can help guide you through the process, ensure that your wishes are legally enforceable, and provide peace of mind for you and your loved ones.
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.