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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 Los Angeles, United States
Estate Planning Law in Los Angeles, United States refers to the legal process of making arrangements for the management and distribution of a person's assets and properties after their death. This includes creating a plan that outlines who will receive their assets and ensures the fulfillment of their wishes. Estate Planning also involves appointing guardians for minor children, planning for potential incapacity, minimizing estate taxes, and protecting assets from potential creditors. It is essential to consult with an experienced lawyer to navigate the complex legal requirements.
Why You May Need a Lawyer
There are several situations in which you may require legal help in Estate Planning:
- You need assistance in creating a comprehensive estate plan that addresses your specific needs and goals.
- You have complex family dynamics, such as second marriages, blended families, or children with special needs, that require special considerations in your estate plan.
- You want to minimize estate taxes and ensure the maximum preservation of your assets for future generations.
- You need to establish trust funds or establish a charitable foundation as part of your estate plan.
- You want to update or amend an existing estate plan due to changes in your life, such as marriage, divorce, birth, or death.
Local Laws Overview
When it comes to Estate Planning in Los Angeles, United States, there are key aspects of local laws that you should consider:
- California Probate Code governs the administration of estates, including wills, trusts, and the distribution of assets.
- Los Angeles County may have specific rules and regulations that impact estate planning, such as property taxes or unique processes for probate court.
- California has community property laws that affect how assets are divided between spouses.
- State and federal estate tax laws can impact your estate plan, and staying updated with the current regulations is crucial.
Frequently Asked Questions
1. What is a will, and do I need one?
A will is a legal document that outlines how you want your assets distributed after your death. It also allows you to name guardians for minor children. Having a will is essential if you want to control who inherits your assets and make specific provisions for your loved ones.
2. What is a living trust, and how does it differ from a will?
A living trust is a legal arrangement where you transfer your assets to a trust while you are alive. Unlike a will, a living trust allows you to avoid probate, maintain privacy, and potentially minimize estate taxes. It can also provide for the management of assets in case of incapacity.
3. What happens if I die without an estate plan?
If you die without an estate plan, the state's intestacy laws will determine how your assets are distributed. This might not align with your wishes and can cause unnecessary complications and disputes among your family members. It is important to create an estate plan to ensure your wishes are carried out.
4. Can I make changes to my estate plan?
Yes, you can make changes to your estate plan. Major life events, such as marriage, divorce, birth of a child, or changes in your financial situation, may require updates to your plan. It is advisable to review your estate plan periodically and make necessary revisions to reflect your current circumstances.
5. Do I need an attorney for estate planning?
While it's possible to create a basic estate plan without an attorney, it is highly recommended to consult with an experienced estate planning attorney. They can provide personalized advice based on your unique situation, ensure your documents comply with local laws, and minimize the chances of legal issues.
Additional Resources
If you need further information or assistance with Estate Planning in Los Angeles, United States, you may find the following resources helpful:
- State Bar of California - Trusts and Estates Section: www.calbar.ca.gov
- Los Angeles County Bar Association - Estate Planning and Probate Section: www.lacba.org
- California Department of Public Health - Office of Vital Records: www.cdph.ca.gov
- California Probate Code: leginfo.legislature.ca.gov
Next Steps
If you need legal assistance in Estate Planning in Los Angeles, United States, follow these steps:
- Research and compile a list of reputable estate planning attorneys in Los Angeles.
- Schedule consultations with a few attorneys to discuss your specific needs and evaluate their expertise.
- Select an attorney who understands your goals and has experience in Estate Planning law.
- Work closely with your chosen attorney to create a comprehensive estate plan that meets your requirements.
- Regularly review and update your estate plan as needed, especially after significant life events.
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.