Best Estate Planning Lawyers in Overland Park
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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: recososalawfirm@gmail.com📞 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 Overland Park, United States:
Estate planning is the process of making decisions about how your assets will be distributed when you pass away. It involves creating a plan for the management of your estate through tools such as wills, trusts, powers of attorney, and advance directives. In Overland Park, United States, estate planning is governed by state laws that outline the requirements for creating a valid estate plan.
Why You May Need a Lawyer:
There are various reasons why you may need a lawyer to help you with estate planning. Some common situations include: - Having a complex estate with significant assets - Wanting to minimize estate taxes - Having a blended family or specific concerns about beneficiaries - Needing assistance with incapacity planning - Wanting to ensure that your estate plan complies with state laws
Local Laws Overview:
In Overland Park, United States, estate planning laws are governed by the Kansas Probate Code. Some key aspects of local laws relevant to estate planning include: - Requirements for creating a valid will - Types of trusts allowed under state law - Probate process and procedures - Estate tax laws and exemptions - Laws regarding advance directives and powers of attorney
Frequently Asked Questions:
1. What is the difference between a will and a trust?
A will is a legal document that specifies how your assets will be distributed after your death, while a trust is a legal arrangement where assets are held by a trustee for the benefit of beneficiaries.
2. Do I need an estate plan if I don't have many assets?
Yes, even if you have few assets, an estate plan can help ensure that your wishes are carried out and make the process easier for your loved ones.
3. How often should I update my estate plan?
You should review and update your estate plan whenever there are major life changes, such as marriage, divorce, birth of a child, or acquisition of significant assets.
4. What is probate and how does it impact my estate?
Probate is the legal process of administering a deceased person's estate. It can be time-consuming and costly, so many people try to avoid it through proper estate planning.
5. Can I create my own estate plan without a lawyer?
While it is possible to create your own estate plan using online templates, it is recommended to seek legal advice to ensure that your plan is valid and meets your specific needs.
6. What is a power of attorney and why is it important?
A power of attorney is a legal document that allows someone to make decisions on your behalf if you become incapacitated. It is important to have in place to ensure that someone you trust can manage your affairs.
7. How can I minimize estate taxes in my estate plan?
There are various strategies for minimizing estate taxes, such as gifting assets during your lifetime, creating a trust, or utilizing estate tax exemptions.
8. What is the role of a trustee in a trust?
A trustee is responsible for managing the assets held in a trust and distributing them to beneficiaries according to the terms of the trust.
9. Can I disinherit a family member in my estate plan?
While you have the right to leave your assets to whomever you choose, disinheriting a family member can lead to legal challenges. It is best to consult with a lawyer to discuss your options.
10. How can I ensure that my estate plan is kept private?
You can create a trust to hold your assets, as trusts do not go through probate and are not part of the public record. Additionally, you can include a provision in your will for a confidential trust.
Additional Resources:
- Kansas Bar Association: www.ksbar.org - Kansas Legal Services: www.kansaslegalservices.org - Overland Park Probate Court: [Insert contact information]
Next Steps:
If you are in need of legal assistance for estate planning in Overland Park, United States, it is recommended to schedule a consultation with an experienced estate planning lawyer. They can help you understand your options, draft important documents, and ensure that your wishes are carried out according to state law.
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.