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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 Newark, United States:
When it comes to Estate Planning in Newark, United States, it is the process of making arrangements for the transfer of your assets and property to your chosen beneficiaries after your passing. This can involve creating a will, establishing trusts, designating power of attorney, and more. Estate Planning is crucial in ensuring that your assets are distributed according to your wishes and can also help minimize estate taxes and avoid probate.
Why You May Need a Lawyer:
You may need a lawyer for Estate Planning in Newark if you have a considerable amount of assets and property, want to protect your family's financial future, have a complex family situation, or wish to minimize estate taxes. A lawyer can help you navigate the legal complexities of Estate Planning and ensure that your wishes are carried out effectively.
Local Laws Overview:
In Newark, United States, Estate Planning laws govern how assets are distributed upon death, the probate process, estate taxes, healthcare directives, and more. It is essential to be aware of how these laws may impact your Estate Planning decisions, which is why seeking legal advice from a knowledgeable attorney is advisable.
Frequently Asked Questions:
Q: 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 passing, while a trust is a fiduciary arrangement that allows a third party to hold assets on behalf of beneficiaries.
Q: Do I need an Estate Planning lawyer if I have a simple estate?
Even if you have a simple estate, consulting with an Estate Planning lawyer can ensure that your wishes are correctly documented and legally binding.
Q: How can Estate Planning help minimize taxes?
Estate Planning strategies such as gifting, establishing trusts, and charitable donations can help reduce estate taxes.
Additional Resources:
If you are in need of legal advice for Estate Planning in Newark, consider reaching out to the Newark Bar Association or the New Jersey State Bar Association. These organizations can provide referrals to reputable Estate Planning lawyers in the area.
Next Steps:
If you are considering Estate Planning in Newark and need legal assistance, it is recommended to schedule a consultation with an experienced Estate Planning lawyer. They can help assess your individual needs and create a customized plan that meets your goals and protects your assets for the future.
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.