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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 McLean, United States:
Estate planning is the process of arranging for the disposal of an individual's estate upon their death. This may include assets, properties, debts, and other financial matters. In McLean, United States, estate planning laws dictate how these matters are handled and distributed.
Why You May Need a Lawyer:
There are several situations where you may need a lawyer to assist with estate planning. Some common reasons include complex family dynamics, high-value assets, the need for special provisions in the will, or ensuring that all legal requirements are met.
Local Laws Overview:
In McLean, United States, estate planning laws vary depending on the size of the estate, the types of assets involved, and whether there is a will or trust in place. It is important to consult with a lawyer familiar with local laws to ensure that your estate plan is in accordance with the regulations.
Frequently Asked Questions:
1. What is included in an estate plan?
An estate plan typically includes a will, power of attorney, healthcare directive, and possibly a trust depending on the individual's circumstances.
2. Do I need an estate plan if I have a small estate?
Even if you have a small estate, an estate plan can help ensure your end-of-life wishes are carried out and make the distribution of your assets easier for your loved ones.
3. Can I create my own estate plan without a lawyer?
While it is possible to create your own estate plan using online resources, consulting with a lawyer can help ensure that your plan is legally valid and covers all necessary aspects.
4. What is a living will?
A living will, also known as a healthcare directive, outlines your wishes for medical treatment in case you are unable to communicate them yourself.
5. How often should I update my estate plan?
It is recommended to review and update your estate plan every few years or after any major life events such as marriage, divorce, birth of a child, or acquisition of significant assets.
6. What is probate?
Probate is the legal process of validating a will and distributing assets according to its instructions. It can be a lengthy and costly process, which is why many people try to avoid it through careful estate planning.
7. Can I disinherit a family member in my estate plan?
Yes, you can choose to disinherit a family member in your estate plan, but it is important to clearly state your intentions and the reasons behind them to avoid legal challenges.
8. What is a revocable trust?
A revocable trust is a legal entity that holds assets during your lifetime and can be changed or revoked at any time. It can help avoid probate and provide more privacy in the distribution of assets.
9. How can estate planning help minimize taxes?
Proper estate planning strategies can help minimize estate taxes, gift taxes, and income taxes, ultimately preserving more of your assets for your beneficiaries.
10. What happens if I die without an estate plan?
If you die without an estate plan, your assets will be distributed according to state intestacy laws, which may not align with your wishes. It can result in prolonged legal battles and additional costs for your loved ones.
Additional Resources:
For more information on estate planning in McLean, United States, you can visit the American Bar Association's Estate Planning Resources or consult with the Virginia State Bar Association for recommendations on local lawyers specializing in estate planning.
Next Steps:
If you need legal assistance with estate planning in McLean, United States, it is recommended to schedule a consultation with a qualified estate planning lawyer to discuss your specific needs and develop a personalized plan that aligns with your goals and wishes.
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.