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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 Orleans, United States:
Estate planning law in New Orleans involves creating a plan to manage and distribute your assets upon your death or incapacity. This plan may include a will, trusts, powers of attorney, and other legal documents to ensure your wishes are carried out according to local laws.
Why You May Need a Lawyer:
There are several situations where you may need a lawyer for estate planning in New Orleans. Some common scenarios include: creating a will, establishing a trust, planning for incapacity, minimizing estate taxes, and ensuring your assets are protected and distributed according to your wishes.
Local Laws Overview:
In New Orleans, estate planning laws are governed by Louisiana state laws, which may differ from other states. It is important to understand the rules regarding wills, trusts, probate, and estate taxes in Louisiana to ensure 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 upon your death, while a trust is a legal entity that can hold and manage your assets both during your lifetime and after your death.
2. Do I need a lawyer to create an estate plan?
While it is possible to create a basic estate plan on your own, working with a qualified estate planning lawyer can ensure your plan is legally sound and tailored to your specific needs and goals.
3. How can I avoid probate in Louisiana?
By establishing a trust, naming beneficiaries on certain assets, and utilizing joint ownership arrangements, you may be able to avoid or minimize the probate process in Louisiana.
4. What is a power of attorney?
A power of attorney is a legal document that allows someone else to make financial or healthcare decisions on your behalf if you become incapacitated.
5. How can I protect my assets from creditors?
Asset protection strategies in Louisiana may include establishing certain types of trusts, insurance policies, and structuring your assets in a way that provides legal protection from potential creditors.
6. What are the estate tax laws in Louisiana?
Louisiana does not have an estate tax, but federal estate tax laws may still apply depending on the value of your estate. An estate planning lawyer can help you navigate these tax implications.
7. Can I update my estate plan if my circumstances change?
Yes, it is important to review and update your estate plan regularly, especially after major life events such as marriage, divorce, birth of children, or changes in financial circumstances.
8. What happens if I die without an estate plan?
If you die without a will or trust in Louisiana, your assets will be distributed according to state intestacy laws, which may not reflect your wishes. It is important to create an estate plan to avoid these complications.
9. How much does estate planning in New Orleans typically cost?
The cost of estate planning in New Orleans can vary depending on the complexity of your assets and goals. It is recommended to discuss fees and payment options with your estate planning lawyer upfront.
10. How can I find a reputable estate planning lawyer in New Orleans?
You can ask for referrals from friends, family, or colleagues, check online reviews, and schedule consultations with multiple lawyers to find a reputable attorney who specializes in estate planning in New Orleans.
Additional Resources:
For more information on estate planning in New Orleans, you can visit the Louisiana State Bar Association's website, the Louisiana Department of Revenue, and the New Orleans Bar Association for valuable resources and guidance.
Next Steps:
If you are considering estate planning in New Orleans and need legal assistance, contact a qualified estate planning lawyer to schedule a consultation. Be prepared to discuss your assets, goals, and concerns to create a personalized plan that meets your needs and protects your interests.
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.