Best Estate Planning Lawyers in Saint Augustine

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Douglas Law Firm
Saint Augustine, United States

21 people in their team
English
Douglas Law Firm is a full-service Florida law firm that represents clients throughout Putnam County, Clay County, St. Johns County, Duval County, and Flagler County. Our lawyers take pride in helping their neighbors in the local community navigate and resolve a wide range of legal issues with...
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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 Saint Augustine, United States

Estate Planning law in Saint Augustine, and the wider United States, centers around the organization and distribution of an individual's property upon their death. This process involves creating legally binding documents such as wills, trusts, power of attorney, and health care directives to ensure the wishes of the individual are realized. The goal of estate planning is to maximize the value of the estate by reducing taxes and other expenses.

Why You May Need a Lawyer

While simple estate planning can sometimes be handled independently, the complexities of tax laws, property rights, and changing personal circumstances often necessitate legal help. People usually need a lawyer to help them understand how these laws affect their estate plans. Individuals may also require a lawyer when they wish to create trust funds, name a guardian for their children, or deal with complex business assets. Having a lawyer ensures that the estate plan is legally binding and appropriately structured.

Local Laws Overview

Local laws in Saint Augustine have an impact on how your estate plan will be executed. Florida law stipulates that an individual must be 18 years old and of sound mind to create a will. Wills must be written and need witnesses to be valid. In addition, Florida does not have an estate tax, which can significantly affect your estate planning strategies. Laws also exist regarding the creation of trusts, power of attorney, and health care directives. Understanding these laws can be complex and necessitates the involvement of a knowledgeable legal professional.

Frequently Asked Questions

1. What is a power of attorney?

A power of attorney is a legal document that allows you to appoint a person or organization to manage your affairs if you become unable to do so. The appointed individual is referred to as an "attorney-in-fact" or "agent."

2. What does 'of sound mind' mean in estate planning?

'Of sound mind' means that the person making the will has the mental capacity to understand the nature and effects of their actions. They fully understand what they own and how they are distributing their assets.

3. Does Florida have an inheritance tax?

No, Florida does not have an inheritance tax. However, the federal government does impose taxes on some larger estates.

4. What happens if I die without a will in Saint Augustine?

If you die without a will in Florida, your assets will be distributed according to Florida's intestacy laws. Usually, assets will go to the closest relatives such as a spouse, children, grandchildren, or parents.

5. Can I change my will after it's been made?

Yes, a will can be changed after it's been made. This is usually done through a document called a codicil, which must meet the same legal requirements as a will.

Additional Resources

The Florida Bar Association has helpful resources regarding estate planning law. Their website provides a wealth of information about wills, trusts, power of attorney, and more. The Florida Probate Code is another useful resource that provides comprehensive information about estate planning laws in Florida.

Next Steps

If you need legal assistance in estate planning, the first step is to find a knowledgeable attorney who specializes in estate planning law. They can help you understand the laws, guide you through the process, and ensure you make the right decisions for your circumstances. It's also important to regularly review your estate plan to keep up with life changes and legal updates.

Lawzana helps you find the best lawyers and law firms in Saint Augustine through a curated and pre-screened list of qualified legal professionals. Our platform offers rankings and detailed profiles of attorneys and law firms, allowing you to compare based on practice areas, including Estate Planning, experience, and client feedback. Each profile includes a description of the firm's areas of practice, client reviews, team members and partners, year of establishment, spoken languages, office locations, contact information, social media presence, and any published articles or resources. Most firms on our platform speak English and are experienced in both local and international legal matters. Get a quote from top-rated law firms in Saint Augustine, United States - quickly, securely, and without unnecessary hassle.

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.