Best Estate Planning Lawyers in Niles

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Kotz Sangster Wysocki P.C.
Niles, United States

Founded in 1978
60 people in their team
English
Kotz Sangster Wysocki P.C. is a business law firm concentrating on the representation of middle market companies. Our clients are numerous and diverse, including a variety of automotive, aerospace, defense manufacturers, construction contractors and subcontractors, commercial leasing management...
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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
Estate Planning
Civil & Human Rights
Probate
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
Estate Planning
Elder Law
Landlord & Tenant
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 Niles, United States:

Estate planning law in Niles, United States focuses on creating legal documents and strategies to ensure the distribution of your assets, the care of your loved ones, and the management of your affairs according to your wishes after your death. Proper estate planning can help minimize taxes, avoid probate, protect assets, and provide for the smooth transition of your estate.

Why You May Need a Lawyer:

While it is possible to handle some aspects of estate planning on your own, there are several situations where hiring a lawyer specializing in estate planning in Niles, United States is highly recommended:

  • If you have significant assets or a complex financial situation
  • If you own a business or have ownership stakes in multiple companies
  • If you have minor children or individuals with special needs who rely on you for support
  • If you want to ensure that your estate plan is legally valid and enforceable
  • If you want to minimize estate taxes and maximize the value of your estate

Local Laws Overview:

When it comes to estate planning in Niles, United States, there are specific local laws that are particularly relevant. These may include:

  • State laws on wills, trusts, and powers of attorney
  • Rules regarding healthcare proxies and living wills
  • Inheritance and estate tax laws
  • Rules governing the probate process
It is crucial to understand these local laws and how they impact your estate plan, making it necessary to consult with a knowledgeable estate planning attorney in Niles.

Frequently Asked Questions:

1. What is the difference between a will and a trust?

A will is a legal document that outlines how your property and assets should be distributed after your death, while a trust is a legal arrangement where a trustee manages and distributes assets according to your instructions during your lifetime and after your death. Trusts can often provide advantages like avoiding probate and offering more control over asset distribution.

2. Do I need an estate plan if I don't have significant assets?

Yes, an estate plan is not just for the wealthy. Even if you don't have significant assets, an estate plan can still ensure that your wishes are respected, appoint guardians for minor children, specify healthcare decisions, and designate someone to manage your financial affairs if you become incapacitated.

3. What is probate, and how can I avoid it?

Probate is the legal process of distributing a person's assets after their death. It can be time-consuming, expensive, and subject to court supervision. To avoid probate, you can use tools like trusts, joint ownership, and beneficiary designations, which allow assets to transfer directly to beneficiaries without going through probate.

4. When should I update my estate plan?

You should review your estate plan regularly, especially when significant life events occur, such as marriage, divorce, the birth of a child, or the acquisition of new assets. It's also a good idea to review your estate plan every three to five years to ensure that it still aligns with your goals and that any changes in the law are addressed.

5. Can I make changes to my estate plan?

Yes, your estate plan can be modified or revoked at any time as long as you have the legal capacity to do so. Changes can be made through amendments or by executing a new estate planning document to replace the old one. It is advisable to consult with an estate planning attorney to ensure that these changes are properly drafted and executed.

Additional Resources:

If you are in need of further guidance on estate planning in Niles, United States, consider checking out the following resources:

  • Niles Bar Association - They may offer local referrals and information related to estate planning attorneys in Niles.
  • Niles government estate planning resources - The local government website may provide specific information and forms related to estate planning in Niles.
  • American Bar Association's Estate Planning Resources - The ABA offers valuable information, articles, and tools to help individuals understand and navigate estate planning.

Next Steps:

If you require legal assistance for estate planning in Niles, United States, follow these steps:

  1. Research and compile a list of estate planning attorneys in Niles that specialize in estate planning.
  2. Schedule consultations with a few attorneys to discuss your specific needs and gauge their expertise.
  3. During the consultations, ask about their fees, experience, and approach to estate planning.
  4. Select an attorney who you feel comfortable with and who shows a deep understanding of your needs.
  5. Work closely with the chosen attorney to create a comprehensive estate plan that protects your assets and ensures your wishes are honored.

Remember, estate planning is an ongoing process, and it is recommended to review and update your estate plan periodically to accommodate any changes in your life circumstances or the law.

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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.