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Maser, Amundson & Boggio, P.A.
Richfield, United States

Founded in 1984
8 people in their team
English
It all began with two separate law firms that joined forces in order to better serve the needs of the community. Kris Maser and Luther Amundson founded Maser & Amundson, P.A. in 1984, specializing in estates, trusts, guardianships, conservatorships, estate and trust administration, private...
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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 Richfield, United States

Estate planning involves the legal process of arranging and managing one's assets to ensure their distribution according to specific wishes after death. In Richfield, United States, estate planning laws govern this process and provide guidelines for individuals to ensure the smooth transfer of their wealth, property, and other assets to beneficiaries or desired organizations.

Why You May Need a Lawyer

While estate planning can be a personal choice, there are situations where seeking legal help is strongly recommended:

  • Complex Estates: If you have a large estate or various assets, a lawyer can assist in maximizing tax benefits and minimizing potential conflicts among beneficiaries.
  • Blended Families: When there are children from previous marriages or non-traditional family structures, an attorney can help navigate potential challenges and ensure everyone's interests are protected.
  • Business Ownership: If you own a business, a lawyer can guide you on how to pass down your business interests and protect its continuity.
  • Incapacity Planning: Planning for possible incapacity due to illness or disability requires legal expertise to establish powers of attorney, healthcare directives, and other necessary documents.
  • Charitable Giving: If you wish to include charitable donations in your estate plan, an attorney can advise you on tax-efficient strategies and help you fulfill your philanthropic goals.

Local Laws Overview

In Richfield, the specific laws surrounding estate planning may vary, but there are general guidelines that apply:

  • Wills and Trusts: Richfield recognizes both wills and trusts as legal methods to distribute assets. Understanding the differences and benefits of each is crucial.
  • Probate Process: When someone passes away, Richfield has specific procedures for the probate process, including validating and executing the will, identifying heirs, and distributing assets.
  • Power of Attorney: Richfield allows individuals to designate someone to make financial or healthcare decisions on their behalf through a power of attorney document.
  • Guardianship: In cases involving minor children or incapacitated adults, Richfield has guidelines for appointing guardians to protect their interests.
  • Tax Regulations: Understanding local and federal tax laws related to estate planning in Richfield is essential to minimize taxes and maximize inheritances.

Frequently Asked Questions

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

A will is a legal document that outlines the distribution of assets after death and appoints guardians for minor children. A trust, on the other hand, allows you to transfer assets to a separate "trust" entity to be managed for your benefit during your lifetime and distributed to beneficiaries according to specific instructions upon your death.

2. Is estate planning only for the wealthy?

No, estate planning is important for individuals of all income levels. It allows you to control how your assets are distributed, appoint guardians for your children, plan for incapacity, and minimize potential conflicts among your loved ones.

3. Can I write my own will without legal help?

While it is possible to write your own will, seeking legal help is strongly recommended to ensure your will is valid, accurate, and adheres to local laws. A lawyer can provide valuable guidance and help avoid potential legal challenges.

4. How often should I update my estate plan?

It is advisable to review your estate plan regularly or after significant life events such as marriage, divorce, birth of children, or changes in financial circumstances. This helps ensure your plan remains up to date and aligns with your current wishes.

5. What happens if I don't have an estate plan?

If you pass away without an estate plan, Richfield's laws of intestacy will determine how your assets will be distributed, often following a predetermined formula. Without clear instructions, it may lead to unintended outcomes or disputes among family members.

Additional Resources

Here are some resources, organizations, and governmental bodies that can provide further information and assistance with estate planning in Richfield:

  • Richfield Bar Association - www.richfieldbarassociation.org
  • Richfield Estate Planning Council - www.richfieldepc.org
  • Minnesota State Bar Association - Estate Planning Section - www.mnbar.org
  • Internal Revenue Service (IRS) - Estate and Gift Taxes - www.irs.gov/businesses/small-businesses-self-employed/estate-and-gift-taxes

Next Steps

If you require legal assistance or have specific questions regarding estate planning in Richfield, it is recommended to consult with an experienced estate planning lawyer. They can provide personalized advice based on your unique circumstances and guide you through the necessary steps to protect your assets and ensure the implementation of your wishes.

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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.