Best Estate Planning Lawyers in Roswell
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List of the best lawyers in Roswell, United States
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United States Estate Planning Legal Questions answered by Lawyers
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- 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 Roswell, United States
Estate Planning in Roswell, United States, involves the legal structuring of how individuals' assets and responsibilities are managed and distributed during their lifetime and after their death. This area of law includes drafting wills, establishing trusts, designating power of attorney, and setting up healthcare directives. The goal of estate planning is to ensure that an individual’s wishes are honored, their loved ones are taken care of, and potential tax burdens are minimized. In Roswell, attorneys specializing in estate planning assist clients in organizing their affairs in accordance with both federal and local laws.
Why You May Need a Lawyer
There are numerous situations where seeking legal advice in estate planning becomes essential. If you are creating your first will or updating an existing one, a lawyer ensures that your documents adhere to legal standards and accurately represent your wishes. Situations such as having a blended family, owning a business, or having a significant amount of assets, require nuanced legal strategies that a qualified attorney can provide. Additionally, if you are interested in setting up trusts, or you wish to minimize estate taxes, a lawyer can offer guidance tailored to your personal scenario. Complex family dynamics, such as potential disputes over inheritance, also benefit from clear legal directives drawn up with professional assistance.
Local Laws Overview
Estate Planning in Roswell requires compliance with Georgia’s estate laws. Notably, Georgia recognizes holographic (handwritten) wills if they meet specific criteria. The state also has unique rules on the probate process, which can affect how estates are handled posthumously. Georgia law allows for the use of living wills and durable powers of attorney for healthcare, enabling residents to make advanced decisions regarding medical care. Furthermore, residents benefit from relatively low estate taxes compared to other states, but federal tax considerations still apply. Knowing how these local laws interact with one's estate plan is critical for ensuring efficient asset distribution.
Frequently Asked Questions
What is a will, and why do I need one?
A will is a legal document that expresses how your assets should be distributed after your death. It helps avoid intestacy laws, which determine asset distribution without a will, oftentimes against your personal desires.
What is the probate process like in Georgia?
In Georgia, probate is the process of validating a will and distributing the estate under a court’s supervision. It can be straightforward with a valid will but may become complex without one.
Can I change my will after it's created?
Yes, you can amend your will through a codicil or create a new one. It should be reviewed regularly and updated with life changes such as marriage, divorce, or the birth of a child.
What is a trust, and how does it differ from a will?
A trust is a fiduciary arrangement allowing a trustee to manage assets on behalf of beneficiaries. Unlike a will, a trust can remain private and may bypass the probate process.
What are the tax implications of estate planning in Roswell?
Federal estate taxes may apply depending on the value of your estate, but Georgia does not impose additional state-level estate taxes. Effective planning can reduce potential tax liabilities.
How do I choose an executor for my estate?
Choose someone trustworthy, organized, and willing to manage the settlement of your estate. Family members, friends, or professionals can serve in this capacity. Discuss the role with them prior to naming them in your will.
What happens if I die without a will?
If you die without a will in Georgia, your estate is distributed according to intestacy laws, prioritizing spouses and children first, which may not align with your wishes.
How does a durable power of attorney work?
A durable power of attorney allows you to appoint someone to make financial and legal decisions on your behalf if you become incapacitated, ensuring continuity in managing your affairs.
What is a healthcare directive?
A healthcare directive specifies your medical care preferences in critical situations where you’re unable to communicate. It may include naming a healthcare proxy to make decisions for you.
Can estate planning help avoid family disputes?
Yes, a clear and legally sound estate plan can minimize misunderstandings and disputes by explicitly outlining asset distribution and other wishes.
Additional Resources
Those seeking more information or help with estate planning in Roswell can contact the Georgia Department of Law's Consumer Protection Division or visit the Georgia State Bar Association. Local seminars and literature from estate planning attorneys can also provide valuable insights.
Next Steps
If you require legal assistance with estate planning, consider consulting with a local estate planning attorney who can provide personalized advice and create legally-sound documents tailored to your needs. Start by gathering your financial information and clearly outlining your assets and wishes to ensure a productive consultation.
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.