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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 Milwaukee, United States:
Estate planning involves arranging for the management and disposal of one's estate during their lifetime and after death. In Milwaukee, United States, estate planning laws govern how assets are distributed, taxes are handled, and end-of-life decisions are made.
Why You May Need a Lawyer:
It is advisable to seek legal advice for estate planning to ensure that your assets are protected and distributed according to your wishes. A lawyer can help you create a comprehensive plan that takes into account your unique circumstances and goals.
Local Laws Overview:
In Milwaukee, United States, estate planning laws include regulations on wills, trusts, probate, and estate taxes. It is essential to understand these laws to ensure that your estate plan is legally valid and effective.
Frequently Asked Questions:
1. What is the difference between a will and a trust?
A will is a legal document that outlines how your assets will be distributed after your death, while a trust is a legal arrangement that allows a third party to hold assets on behalf of beneficiaries.
2. Do I need a lawyer to create an estate plan?
While it is not required to have a lawyer create an estate plan, seeking legal advice can help ensure that your plan is comprehensive and legally valid.
3. How can I minimize estate taxes in Milwaukee, United States?
There are various strategies that can be used to minimize estate taxes, such as setting up trusts, gifting assets during your lifetime, and taking advantage of tax exemptions.
4. What is probate, and should I avoid it?
Probate is the legal process of administering a deceased person's estate. While it can be time-consuming and costly, some estates may benefit from going through probate to ensure that assets are distributed correctly.
5. Can I update my estate plan if my circumstances change?
Yes, it is important to regularly review and update your estate plan to reflect any changes in your life, such as marriage, divorce, births, or deaths.
6. Is estate planning only for the wealthy?
No, estate planning is important for individuals of all income levels to ensure that their assets are properly managed and distributed according to their wishes.
7. What happens if I die without an estate plan in Milwaukee, United States?
If you die without an estate plan, your assets will be distributed according to the state's intestacy laws, which may not align with your wishes.
8. How can I protect my minor children in my estate plan?
You can designate guardianship for your minor children and set up trusts to provide for their financial needs in your estate plan.
9. Are there ways to avoid family disputes over my estate?
By clearly outlining your wishes in your estate plan and discussing it with your family members, you can help prevent disputes over your estate.
10. How can I find a reputable estate planning lawyer in Milwaukee, United States?
You can ask for recommendations from friends or family, search online for local estate planning lawyers, or contact the State Bar Association for referrals to reliable attorneys.
Additional Resources:
- Milwaukee County Register in Probate- Wisconsin Department of Revenue- State Bar of Wisconsin
Next Steps:
If you need legal assistance with estate planning in Milwaukee, United States, consider consulting with a qualified estate planning lawyer to help you create a tailored plan that meets your needs and protects your assets.
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.