Best Estate Planning Lawyers in Lincoln
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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 Lincoln, United States
Estate Planning law in Lincoln, United States encompasses all matters related to the management and distribution of an individual's assets during their lifetime and beyond. This process ensures that a person's belongings, assets, and investments are allocated to the designated beneficiaries according to their wishes. Common areas of emphasis include wills, trusts, powers of attorney, and healthcare directives.
Why You May Need a Lawyer
Though it may seem straightforward, estate planning can evolve into a complex legal procedure. You may need a lawyer for drafting wills and trusts, setting up a power of attorney, healthcare directives, or tax planning to minimize estate, gift, and income tax liabilities. Also, if your estate is large or involves complex or unusual assets, you may require a lawyer's expertise to ensure all regulations are followed and your beneficiaries are protected.
Local Laws Overview
Lincoln, United States operates under the Nebraska state laws for estate planning. Some of the key regulations include laws for intestate succession which governs how assets are divided when the deceased doesn't leave a will, also spousal elective shares. The laws cover the execution of wills and trusts, and specify who can and cannot serve as a personal representative or trustee. It is crucial to note that the Nebraska state law also specifies the definition and duties of a power of attorney and healthcare directive.
Frequently Asked Questions
What happens if I die without a will?
If you die intestate, meaning without a valid will, your assets will be divided according to the Nebraska state law amongst the closest relatives.
Can I draft my will by myself?
Yes, you can draft your will, but it is advisable to seek legal help to avoid any legal errors or omissions. An invalid will can mean your assets do not go to your chosen beneficiaries.
What is a trust?
A trust is a legal agreement whereby one party (the trustee) manages assets for the benefit of others (the beneficiaries).
What is Power of Attorney?
Power of Attorney is a legal document that lets you appoint someone else, known as the agent, to manage your affairs if you cannot do so yourself.
What is a healthcare directive?
A healthcare directive is a legal document that outlines your wishes regarding medical treatment when you are not able to communicate these decisions yourself.
Additional Resources
You may find the following resources helpful in your estate planning journey:
- Nebraska Legal Aid Society: Provides free legal help for eligible low-income residents on civil legal matters.
- The Nebraska Judicial Branch Self-Help Resources: Offers information on probate and forms that may be used in estate planning.
- American Bar Association: Provides comprehensive information and resources on estate planning.
Next Steps
If you require legal assistance in Estate Planning, start by identifying experienced estate planning lawyers in Lincoln. Schedule consultations to understand their services, pricing, and how they can best assist in your situation. Don't forget to gather all relevant documents, such as lists of your assets and their documentation, names of potential beneficiaries, and an understanding of your wishes for health care treatments.
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.