Best Estate Planning Lawyers in Newport Beach
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List of the best lawyers in Newport Beach, 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: [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 Newport Beach, United States:
Estate planning is the process of arranging for the management and distribution of a person's assets and wealth after their passing. In Newport Beach, California, estate planning involves creating legal documents such as wills, trusts, powers of attorney, and healthcare directives to ensure that your wishes are carried out effectively. Proper estate planning can help minimize taxes, avoid probate, and provide for the financial security of loved ones.
Why You May Need a Lawyer:
There are several situations where you may require legal help in estate planning, such as:
- Complex family dynamics
- High-value assets or business interests
- Planning for incapacity
- Minimizing estate taxes
- Ensuring proper distribution of assets
Local Laws Overview:
Key aspects of local laws in Newport Beach that are relevant to estate planning include:
- California Probate Code
- Community property laws
- Tax laws affecting estates
- Healthcare laws
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 should be distributed after your death, while a trust allows you to transfer assets to a trustee for the benefit of beneficiaries while you are alive and after death.
Q: Do I need an estate plan if I don't have many assets?
Yes, even if you have few assets, having an estate plan can ensure that your wishes are carried out and can simplify the process for your loved ones.
Q: How often should I update my estate plan?
You should review your estate plan at least every five years or sooner if there are significant life changes such as marriage, divorce, birth of a child, or acquisition of new assets.
Q: What is probate and how can I avoid it?
Probate is the court-supervised process of administering and distributing a person's assets after death. You can avoid probate by creating a trust, joint ownership, or beneficiary designations on assets.
Additional Resources:
For more information on estate planning in Newport Beach, you can contact the California State Bar or consult with a local estate planning attorney.
Next Steps:
If you need legal assistance with estate planning in Newport Beach, consider scheduling a consultation with a qualified estate planning lawyer to discuss your specific needs and develop a comprehensive plan for your assets and wealth.
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.