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List of the best lawyers in New Jersey, United States
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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: 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 New Jersey, United States
Estate planning is the process of arranging for the management and distribution of your assets during your life and after your death. In New Jersey, estate planning involves legal strategies for wills, trusts, powers of attorney, healthcare directives, and minimizing potential tax liabilities. By creating a comprehensive plan, residents can ensure their wishes are respected, reduce family stress, and safeguard their legacy. Estate planning is not just for the wealthy - everyone can benefit from having their affairs in order, especially when considering unique state rules that might impact estates and inheritance.
Why You May Need a Lawyer
Estate planning can seem complicated, especially with the wide range of available tools and the specific requirements of New Jersey law. Many people seek legal assistance in the following situations:
- Drafting or updating a will
- Establishing different types of trusts to provide for loved ones or charitable causes
- Minimizing state and federal inheritance and estate taxes
- Designating guardians for minor children or dependents
- Creating powers of attorney for financial or medical decisions
- Protecting family business interests and succession planning
- Managing assets for beneficiaries with special needs
- Resolving disputes over estates or addressing undue influence and capacity concerns
- Assisting with probate and administration of a loved one’s estate after death
An experienced estate planning attorney can tailor legal documents to your specific goals and guide you through complex state requirements, ensuring your wishes are clearly documented and legally protected.
Local Laws Overview
New Jersey estate planning is governed by a unique body of state laws. Some key aspects include:
- Probate Process: New Jersey uses a simplified probate for small estates but requires formal administration for larger or more complex estates. County Surrogate Courts oversee probate matters.
- Inheritance and Estate Taxes: While the New Jersey estate tax was eliminated as of January 1, 2018, the state still imposes an inheritance tax on certain transfers, depending on the relationship to the decedent.
- Will Requirements: Wills must be in writing, signed by the testator (person making the will), and witnessed by at least two individuals.
- Living Trusts: Living trusts are commonly used to avoid probate and manage assets in case of incapacity.
- Powers of Attorney and Advance Directives: New Jersey law recognizes durable powers of attorney and advance healthcare directives to allow others to make decisions if you become unable to do so.
- Guardianships: Special procedures apply when appointing a guardian for a minor child or incapacitated adult.
- Intestate Succession: If someone dies without a will, New Jersey statutes dictate how assets are divided among surviving relatives.
Keeping these rules in mind ensures your estate plan will be recognized and enforced in New Jersey.
Frequently Asked Questions
What happens if I die without a will in New Jersey?
If you die without a valid will, your estate will be distributed according to New Jersey’s intestate succession laws. Generally, assets go to your closest relatives such as your spouse, children, parents, or siblings. The state decides who inherits, which may not reflect your wishes.
Does New Jersey have an estate or inheritance tax?
New Jersey does not have a state estate tax, but it does have an inheritance tax that applies to certain heirs, except for spouses, children, and other close relatives. The tax rate and exemptions depend on your relationship to the beneficiary.
Can I write my own will in New Jersey?
Yes, you can write your own will, but it must comply with New Jersey’s legal requirements to be valid. There are specific rules about signatures and witnesses. Seeking legal advice ensures your will holds up in court and expresses your intentions clearly.
What is probate and how can it be avoided?
Probate is the legal process for settling a person's estate after death. Some assets, such as those in a living trust or with named beneficiaries (like life insurance), bypass probate. Many people use trusts or joint ownership to avoid the time and expense of probate.
Are handwritten wills valid in New Jersey?
Handwritten wills, also known as holographic wills, are recognized in New Jersey as long as the signature and material portions are in the testator’s handwriting. However, they are more likely to be challenged, so formal wills are recommended.
What is a power of attorney and why is it important?
A power of attorney is a legal document granting someone authority to act on your behalf for financial or medical decisions if you become unable to do so. This is crucial for managing your affairs during incapacity.
How often should I update my estate plan?
It’s wise to review your estate plan every few years or after any major life event such as marriage, divorce, birth of a child, significant changes in assets, or relocation to or from New Jersey.
What is a living will in New Jersey?
A living will, also called an advance healthcare directive, allows you to specify your preferences for medical treatment if you are unable to communicate. You can state what types of care you do or do not want, including end-of-life decisions.
Do I need a trust in addition to a will?
Trusts can provide benefits beyond a will, such as avoiding probate, reducing taxes, or protecting beneficiaries. Whether you need a trust depends on your goals and the complexity of your estate. An attorney can advise if a trust is right for you.
Who can challenge a will in New Jersey?
Anyone who would benefit from the estate, such as family members or those named in a previous will, can potentially challenge a will. Common reasons include allegations of undue influence, fraud, or lack of mental capacity.
Additional Resources
For more information on estate planning, you may find these resources helpful:
- New Jersey State Bar Association - provides public information and attorney referrals
- New Jersey Division of Taxation - for information on inheritance tax and related forms
- County Surrogate’s Offices - handles probate, administration, and guardianship matters
- American Bar Association - estate planning resources and guides
- Legal Services of New Jersey - offers guidance for low income individuals
Next Steps
If you are considering creating or updating an estate plan in New Jersey, the best way to start is by gathering information about your assets, family needs, and goals. Schedule a consultation with an attorney who specializes in estate planning. Bring your existing documents and any questions you have. A lawyer can help you understand your options, draft legally compliant documents, and ensure your wishes are carried out now and in the future. If cost is an issue, explore free or low cost legal aid organizations or check with local bar associations for referrals. Taking timely steps in estate planning can offer peace of mind for you and your loved ones.
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.