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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 New London, United States:
Estate planning in New London, United States involves the process of creating legal documents that dictate how a person's assets and properties should be managed and distributed after their passing. This can include wills, trusts, powers of attorney, and healthcare directives.
Why You May Need a Lawyer:
It is recommended to seek legal advice for estate planning to ensure that your wishes are carried out effectively and legally. A lawyer can help navigate complicated laws, minimize tax implications, and provide peace of mind that your loved ones will be taken care of.
Local Laws Overview:
New London, United States follows state laws in regards to estate planning. Some key aspects to consider include inheritance laws, probate requirements, and estate taxes. It is important to consult with a local lawyer to understand how these laws may impact your estate plan.
Frequently Asked Questions:
1. What is the difference between a will and a trust?
A will outlines how your assets will be distributed after your death, while a trust allows you to transfer assets to a trustee during your lifetime to manage on behalf of beneficiaries.
2. Do I need an estate plan if I don't have many assets?
Yes, an estate plan can still be beneficial to designate guardians for minor children, outline healthcare directives, and minimize probate costs.
3. How often should I update my estate plan?
It is recommended to review your estate plan every 3-5 years or after major life events such as marriage, divorce, birth of a child, or significant financial changes.
4. Can I create my own estate plan without a lawyer?
While it is possible to create basic documents yourself, consulting with a lawyer can help ensure that your estate plan is legally sound and comprehensive.
5. What happens if I die without an estate plan?
If you pass away without a will or trust, state laws will dictate how your assets are distributed, which may not align with your wishes.
6. How can I minimize estate taxes in New London?
A lawyer can help explore options such as gifting, charitable giving, or establishing trusts to minimize estate taxes in New London.
7. What is a power of attorney and why is it important?
A power of attorney allows you to appoint someone to make financial or healthcare decisions on your behalf if you become incapacitated. It is important to have in place to avoid court-appointed guardianship.
8. How can I protect my estate from creditors?
Consulting with a lawyer can help you explore options such as irrevocable trusts or asset protection strategies to safeguard your assets from creditors.
9. What is probate and how can I avoid it?
Probate is the court-supervised process of distributing assets after someone passes away. You can avoid probate by establishing trusts or using beneficiary designations for certain assets.
10. How much does estate planning typically cost in New London?
The cost of estate planning can vary depending on the complexity of your estate and the services needed. It is best to consult with a lawyer for an estimate based on your individual circumstances.
Additional Resources:
For more information on estate planning in New London, you can contact the Connecticut Bar Association or visit the Connecticut Probate Court website for local resources and guidelines.
Next Steps:
If you are in need of legal assistance for estate planning in New London, it is recommended to schedule a consultation with a local estate planning lawyer. They can assess your specific needs and help you create a comprehensive estate plan that aligns with your goals.
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.