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United States Estate Planning Legal Questions answered by Lawyers
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- 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 Long Beach, United States
Estate planning is the legal process of arranging and managing your assets to ensure they are distributed according to your wishes after you pass away or if you become incapacitated. In Long Beach, estate planning typically involves creating important documents such as wills, trusts, powers of attorney, and advance health care directives. The goal is to provide peace of mind by minimizing taxes, avoiding probate where possible, and making sure your loved ones are cared for. Estate planning laws in Long Beach are governed by California state law and may be influenced by local considerations within Los Angeles County.
Why You May Need a Lawyer
Estate planning may seem simple, but it involves many legal technicalities. Hiring a lawyer can ensure your documents are valid and reflect your wishes. Common reasons people seek legal help in estate planning include:
- Drafting or updating a will and making sure it meets California legal requirements
- Setting up a trust to avoid probate or minimize estate taxes
- Appointing guardians for minor children
- Planning for incapacity with powers of attorney and health care directives
- Making arrangements for a family business or special assets
- Handling complex family situations, such as divorce or blended families
- Ensuring asset protection and long-term care planning
Lawyers can also help resolve disputes among beneficiaries, assist with probate administration, and provide guidance regarding state and federal laws that may affect your estate.
Local Laws Overview
Estate planning in Long Beach follows California state statutes. Here are key aspects that affect residents:
- Wills must meet California's formal requirements, which include being signed by the testator and witnessed by at least two people.
- Trusts are commonly used to avoid probate. The most popular is the revocable living trust, which is recognized and effective in California.
- Probate proceedings take place at the Los Angeles County Superior Court, which serves Long Beach residents. Estates valued over a certain threshold (currently 184,500 dollars) usually require probate if not held in a trust.
- Community property laws in California may affect how assets are distributed, especially for married couples.
- Advance health care directives allow you to appoint someone to make medical decisions for you if you are unable.
- Power of attorney documents are used to appoint someone to handle financial or personal matters in the event you are incapacitated.
- California does not impose a state inheritance or estate tax, but federal estate tax may apply to larger estates.
Frequently Asked Questions
What is the difference between a will and a trust?
A will is a legal document that states how you want your assets distributed after you die. A trust is a legal entity that holds assets for beneficiaries and can help avoid probate. Trusts can also manage assets if you are incapacitated.
Why should I avoid probate?
Probate is the legal process of administering a deceased person's estate. It can be time-consuming, expensive, and public. Using tools like a living trust can help your estate avoid probate, making the process faster and more private for your heirs.
Do I need an estate plan if I do not have a lot of assets?
Yes, estate planning is important for everyone. It ensures your wishes are honored regarding guardianship of minor children, medical decisions, and the distribution of any assets you may have, regardless of size.
How often should I update my estate plan?
You should review your estate plan every three to five years or after major life events, such as marriage, divorce, birth of a child, or a significant change in assets.
Can I write my own will in California?
California recognizes handwritten (holographic) wills, but these must meet specific requirements. However, consulting with an attorney is recommended to ensure your will is legally valid and free of errors or ambiguities.
What is a power of attorney?
A power of attorney is a legal document that authorizes someone else to manage your financial or personal affairs if you are unable to do so yourself.
What is an advance health care directive?
An advance health care directive lets you appoint someone to make health care decisions on your behalf if you are incapacitated and unable to communicate your wishes.
How are community property laws relevant to my estate plan?
California is a community property state, which means assets acquired during marriage are generally considered jointly owned. This affects how your assets can be distributed and should be considered in your estate planning documents.
Do I have to pay inheritance or estate tax in Long Beach?
California does not have a state inheritance or estate tax. However, larger estates may be subject to federal estate tax. An estate planning attorney can help assess if these taxes apply to you.
What happens if I die without a will in Long Beach?
If you die without a will, your estate will be distributed according to California intestate succession laws, which may not reflect your wishes. The state will determine your heirs based on your family relationships.
Additional Resources
If you need more information or assistance with estate planning in Long Beach, the following resources may be helpful:
- Los Angeles County Superior Court - Probate Division: Handles wills, trusts, probate, and related matters in Long Beach
- California State Bar - Public Programs: Offers guidance and resources on finding a qualified estate planning attorney
- Legal Aid Foundation of Los Angeles: Provides free or low-cost legal help for those who qualify
- California Department of Justice - Estate Planning Resources: Comprehensive information on state laws and estate planning basics
- AARP California: Educational materials and tools for seniors regarding wills, powers of attorney, and health care directives
Next Steps
If you believe you need help with estate planning in Long Beach, consider the following steps:
- Make a list of your assets, debts, and key family members or intended beneficiaries
- Think about your wishes regarding asset distribution, guardianship, and health care decisions
- Contact a reputable estate planning attorney in the Long Beach area for a consultation
- Gather important documents, such as deeds, titles, account information, and any existing wills or trusts
- Stay informed about California law changes that may affect your estate plan
Estate planning is an ongoing process. With the help of a qualified attorney, you can ensure your wishes are honored and your loved ones are protected.
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.