Best Estate Planning Lawyers in Redlands
Share your needs with us, get contacted by law firms.
Free. Takes 2 min.
List of the best lawyers in Redlands, United States
We haven't listed any Estate Planning lawyers in Redlands, United States yet...
But you can share your requirements with us, and we will help you find the right lawyer for your needs in Redlands
Find a Lawyer in Redlands
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 Redlands, United States
Estate planning in Redlands, which is located in San Bernardino County, California, involves making legal arrangements for the management and distribution of a person's assets either during their life or after their death. Estate planning is not limited to wealthy individuals. It is a crucial legal process for anyone who wants to ensure their wishes are honored, assets are protected, and loved ones are cared for. In Redlands, as in the rest of California, estate planning may include drafting wills, creating trusts, establishing powers of attorney, making health care directives, and minimizing estate taxes.
Why You May Need a Lawyer
There are several situations where the guidance of a skilled estate planning lawyer is invaluable. These include:
- Crafting a will or trust tailored to your wishes
- Protecting minor children through guardianship designations
- Avoiding probate, which can be lengthy and costly
- Planning for incapacity and establishing durable powers of attorney
- Ensuring health care wishes are followed using advance directives
- Addressing unique family circumstances, such as blended families or special needs beneficiaries
- Minimizing estate and inheritance taxes
- Administering an estate or trust after a loved one's passing
- Updating outdated estate planning documents
- Contesting or defending the validity of a will or trust
Legal guidance ensures your estate plan is valid under California law and reflects your goals.
Local Laws Overview
Estate planning in Redlands is governed primarily by California state law. Some key legal points that residents should note include:
- California Probate Code governs wills, trusts, and probate procedures
- California recognizes both formal wills and holographic (handwritten) wills, subject to requirements
- The state uses a community property system for married couples, affecting how property is divided
- Revocable living trusts are commonly used to avoid probate
- Advance health care directives and durable powers of attorney allow individuals to name agents for medical and financial decisions
- California has no state inheritance or estate tax, but federal estate tax may still apply to larger estates
- If someone passes away without a will (intestate), assets are distributed per California intestacy laws, which may not mirror personal wishes
Frequently Asked Questions
What is probate, and how can I avoid it in Redlands?
Probate is the legal process of settling a deceased person's estate. It can be avoided or minimized through tools like living trusts, joint ownership, and beneficiary designations.
Do I need a will if I have a trust?
Yes. A will, often called a pour-over will, is typically still needed to ensure any assets not funded into your trust are distributed as intended.
How often should I update my estate plan?
It is wise to review your estate plan every three to five years or after major life events, such as marriage, divorce, births, deaths, or significant changes in assets.
What happens if I die without an estate plan in Redlands?
If you die intestate, the California Probate Code determines how your assets are distributed, which may not match your preferred beneficiaries.
Can I name a legal guardian for my children in my estate plan?
Yes. You can and should name a guardian for minor children in your will, allowing the court to consider your wishes.
What is a durable power of attorney, and why do I need one?
A durable power of attorney allows you to appoint someone to manage your financial affairs if you become incapacitated. It provides peace of mind and can prevent costly court proceedings.
Is estate planning just for the wealthy?
No. Estate planning is important for everyone, regardless of the size of the estate, because it covers issues like healthcare decisions, guardianship, and asset distribution.
How do trusts help with estate planning?
Trusts help avoid probate, maintain privacy, manage assets during incapacity, and control distribution to beneficiaries. They can also address unique family circumstances.
Are handwritten wills valid in California?
Handwritten or holographic wills are valid in California if certain legal requirements are met. However, they can be easier to challenge.
What is an advance health care directive?
An advance health care directive lets you specify your health care wishes and name someone to make medical decisions for you if you are unable to do so.
Additional Resources
- California Courts Self-Help Center for guidance on estates and probate
- San Bernardino County Superior Court Probate Division for local filing information
- California State Bar for lawyer referral services and consumer guides
- Legal Aid Society of San Bernardino for low-cost or free legal help
- California Department of Aging for information on elder care and health care directives
Next Steps
If you are ready to begin estate planning or need help with an existing plan, consider reaching out to a qualified estate planning attorney in the Redlands area. Gather relevant documents, such as prior wills, trust paperwork, financial account information, and details about your assets and family. Schedule a consultation to discuss your goals, concerns, and unique circumstances. A local lawyer can explain your options, ensure your plan complies with California laws, and provide customized advice so your wishes are protected.
Remember, timely estate planning is a gift to your loved ones. Taking proactive steps now can prevent confusion, legal complications, and unnecessary stress in 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.