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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 Michigan, United States
Estate planning in Michigan is the process of organizing your assets and legal affairs to ensure that your wishes are carried out if you become incapacitated or pass away. This commonly involves drafting documents such as wills, trusts, powers of attorney, and advance directives. Michigan estate planning is governed by state statutes, including the Estates and Protected Individuals Code (EPIC), which sets out the procedures for creating, administering, and distributing estates. Effective estate planning can help prevent family disputes, minimize taxes, and ensure your property is distributed according to your wishes.
Why You May Need a Lawyer
There are several situations where working with an estate planning lawyer in Michigan can be highly beneficial:
- If you have significant assets, blended families, or complex financial arrangements
- If you want to avoid Michigan's probate process or minimize estate taxes
- When drafting or updating important documents such as wills, trusts, or powers of attorney
- If you have a family member with special needs and want to provide for their care through a special needs trust
- If a loved one has passed away and you need assistance with probate or estate administration
- When facing contested wills or trust disputes among heirs or beneficiaries
- If you want to protect your business or real estate assets as part of your estate plan
An experienced lawyer can help you navigate Michigan law, tailor your plan to your unique needs, and ensure that your documents are legally valid and enforceable.
Local Laws Overview
Michigan estate planning is governed primarily by the Michigan Estates and Protected Individuals Code (EPIC), found in Michigan Compiled Laws 700.1101 et seq. Key aspects of local law include:
- Wills: Must be in writing and signed by the testator, with at least two witnesses. Michigan recognizes holographic (handwritten) wills if certain requirements are met.
- Trusts: Michigan law allows for a variety of trusts, including revocable living trusts, irrevocable trusts, and special needs trusts. Trusts can help avoid probate and provide asset protection.
- Probate: Michigan has both informal and formal probate proceedings. Small estates may qualify for simplified procedures.
- Powers of Attorney: These documents must comply with Michigan law. Durable powers of attorney remain effective if you become incapacitated.
- Advance Directives: Patients can specify medical wishes with a patient advocate designation or a living will.
- Intestate Succession: If someone dies without a will, Michigan statutes dictate how assets are distributed.
- Estate Taxes: Michigan does not have its own estate or inheritance tax, but larger estates may still be subject to federal estate tax.
Local regulations can change, so working with a qualified Michigan estate planning attorney ensures compliance.
Frequently Asked Questions
What happens if I die without a will in Michigan?
If you die without a will, Michigan's intestate succession laws determine how your assets are distributed, typically starting with your spouse and children but possibly extending to more distant relatives.
Can I write my own will in Michigan?
Yes, you can write your own will, and Michigan allows holographic (handwritten) wills if they are dated and signed by you. However, to ensure your wishes are clear and legally valid, it is strongly recommended to consult an attorney.
Do all estates have to go through probate in Michigan?
Not all estates require probate. Smaller estates may qualify for simplified procedures, and assets held in trusts or with named beneficiaries typically avoid probate altogether.
What is the difference between a will and a trust?
A will is a legal document that dictates how assets are distributed upon death, and it usually requires probate. A trust is a legal entity that holds property and can distribute assets without probate, often allowing for more privacy and control.
How do I provide for minor children in my estate plan?
You can nominate a guardian for minor children in your will and establish a trust to manage assets for them until they reach a specified age or milestone.
What is a durable power of attorney, and do I need one?
A durable power of attorney allows someone to make financial and legal decisions on your behalf if you become incapacitated. It is an essential part of most Michigan estate plans.
Can I change my estate plan after it is created?
Yes, most estate planning documents, including wills and revocable trusts, can be amended or revoked as long as you are mentally competent.
What is a patient advocate designation?
This Michigan document appoints someone to make medical decisions for you if you are unable to do so, often used alongside a living will.
Are there any state taxes on estates in Michigan?
Michigan does not have its own estate or inheritance tax, but federal estate tax may apply for very large estates.
Do I need an attorney to go through probate?
While it is possible to navigate probate without an attorney, the process can be complex. Most people benefit from legal guidance to avoid delays and mistakes.
Additional Resources
If you need more information or help with estate planning in Michigan, consider these resources:
- State Bar of Michigan - Elder Law and Disability Rights Section
- Michigan Courts - Probate and Estate Administration forms and guidance
- Michigan Legal Help - Free information on estate planning and probate
- Local probate courts in your county
- National Academy of Elder Law Attorneys (NAELA) Michigan Chapter
These organizations offer helpful tools, educational materials, and sometimes referrals to local attorneys.
Next Steps
If you are considering or need to start your estate plan:
- Gather information about your assets, liabilities, and family situation
- List your goals, such as protecting children or minimizing taxes
- Contact a qualified Michigan estate planning lawyer for a consultation
- Review any current estate planning documents you already have
- Stay informed about changes in Michigan law that could impact your plan
Taking these steps ensures that your wishes are honored and your loved ones are protected. Professional legal advice can make the process easier and help prevent future disputes or complications.
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.