Best Estate Planning Lawyers in Madison

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Perkins Coie LLP
Madison, United States

Founded in 1912
2,875 people in their team
English
Perkins Coie is a leading international law firm that is known for providing high value, strategic solutions and extraordinary client service on matters vital to our clients' success. With more than 1,200 attorneys in offices across the United States and Asia, we provide a full array of corporate,...
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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
Estate Planning
Civil & Human Rights
Probate
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
Estate Planning
Elder Law
Landlord & Tenant
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 Madison, United States:

Estate planning is a legal process that involves the preparation of documents to guide the management and distribution of an individual's assets after their passing. In Madison, United States, estate planning is governed by both federal and state laws. It is crucial to understand the specific regulations and requirements in Madison to ensure your estate plans are well-executed and legally enforceable.

Why You May Need a Lawyer:

While it is possible to create a basic estate plan without professional assistance, having a lawyer by your side can provide numerous benefits. Estate planning lawyers possess in-depth knowledge of the complexities involved in creating an effective and comprehensive plan. They can help you navigate the legal requirements, ensure your documents are properly drafted, and provide guidance on minimizing estate taxes or addressing complicated family dynamics.

Local Laws Overview:

In Madison, several laws are particularly pertinent to estate planning:

• The Wisconsin Probate Code governs the process of probating a will and administering estates.

• Wisconsin's inheritance tax laws determine the applicable taxes on the transfer of assets.

• The state laws dictate the requirements for creating a valid will, trust, or power of attorney.

Frequently Asked Questions:

1. Do I need an estate plan if I don't have a vast amount of assets?

Yes, estate planning is not just for the wealthy. Regardless of the size of your estate, having a plan in place ensures your assets are distributed as you wish and can help minimize family disputes and legal complications.

2. What happens if I die without a will in Madison?

If you pass away without a will, Wisconsin's inheritance laws, known as intestate succession, will determine how your assets are distributed. This may not align with your wishes and can lead to additional legal complexities for your loved ones.

3. What is a power of attorney?

A power of attorney is a legal document that designates someone to make financial or medical decisions on your behalf if you become incapacitated. It is a crucial part of estate planning as it ensures your affairs are handled by someone you trust.

4. Can I update my estate plan if my circumstances change?

Yes, it is advisable to review and update your estate plan regularly or when significant life changes occur, such as marriage, divorce, birth of a child, or changes in financial circumstances. This helps ensure your plan remains up to date and reflects your current wishes.

5. How can I protect my estate from excessive taxation?

There are several strategies to protect your estate from excessive taxation, such as creating trusts, gifting assets during your lifetime, or utilizing tax-saving mechanisms like the marital deduction or charitable contributions. Consulting with an estate planning attorney can help you tailor the most suitable approach for your circumstances.

Additional Resources:

For further information and guidance on estate planning in Madison, consider exploring the following resources:

• Madison Estate Planning Council (www.madisonepc.com): An association of professionals dedicated to promoting estate planning education and networking.

• Wisconsin State Bar - Estate Planning Section (www.wisbar.org/estateplanning): Offers a comprehensive overview of estate planning in Wisconsin, including frequently asked questions, articles, and resources.

• Wisconsin Department of Revenue (www.revenue.wi.gov): Provides information on the state's inheritance tax laws and frequently asked questions related to estates.

Next Steps:

If you require legal assistance in estate planning or wish to proceed with creating or updating your estate plan, the next steps are to:

1. Research and select a reputable estate planning attorney in Madison.

2. Schedule an initial consultation to discuss your specific needs and goals.

3. Prepare any necessary documentation or information requested by the attorney.

4. Work closely with the attorney to devise an estate plan tailored to your unique circumstances.

5. Regularly review and update your estate plan as needed.

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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.