Best Estate Planning Lawyers in San Diego

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List of the best lawyers in San Diego, United States

Perkins Coie LLP

San Diego, United States

Founded in 1912

2,875 people in their team

English

Perkins Coie is a leading international law firm that is known for providing high value, strategic solutions and extraordinary client service on matters vital to our clients' success. With more than 1,200 attorneys in offices across the United States and Asia, we provide a full array of corporate,...

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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: [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: 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.

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About Estate Planning Law in San Diego, United States

Estate planning is the legal process of arranging and preparing for the transfer of an individual's assets after their death. It involves creating a plan that ensures your wishes are carried out and your loved ones are taken care of. In San Diego, United States, estate planning laws are governed by both state and federal regulations. Understanding these laws and planning accordingly is crucial to protect your assets and provide for your family's future.

Why You May Need a Lawyer

While estate planning can seem straightforward, there are many situations where seeking legal advice is highly recommended. Some common scenarios where you may need a lawyer include:

Complex family dynamics or potential conflicts among beneficiaries
High-value assets or a large estate
Business ownership or partnership interests
Special needs individuals in the family
Charitable intentions or philanthropic goals

Local Laws Overview

When it comes to estate planning in San Diego, familiarizing yourself with the following key local laws is essential:

California Probate Code: This code governs the distribution of an individual's assets in the absence of a valid estate plan. Understanding the probate process can help you avoid it or make it more efficient.
California Community Property Laws: San Diego is a community property state, which means assets acquired during marriage are generally considered owned equally by both spouses. This affects the distribution of assets upon death.
State and Federal Tax Laws: Being aware of the tax implications of estate planning is crucial to minimize tax burdens and maximize the value of your estate for your beneficiaries.

Frequently Asked Questions

1. What is the purpose of estate planning?

Estate planning allows you to control the distribution of your assets, appoint guardians for minor children, minimize taxes, avoid probate, and plan for incapacity or end-of-life decisions.

2. What documents are commonly used in estate planning?

Commonly used estate planning documents include wills, trusts, powers of attorney, advance healthcare directives, and beneficiary designations.

3. Do I need an estate plan if I don't have many assets?

Yes, estate planning is not just for the wealthy. Even if you have few assets, having an estate plan ensures your wishes are honored, minimizes potential disputes, and protects your loved ones.

4. Can I create my own estate plan without a lawyer?

While you can create a basic estate plan using online templates or software, it is highly recommended to consult with an experienced estate planning attorney. They can provide personalized advice based on your unique circumstances and ensure your plan is valid and legally sound.

5. When should I review/update my estate plan?

It is advisable to review and update your estate plan whenever there are significant life changes such as marriage, divorce, birth of a child, death of a beneficiary, or a substantial change in your financial situation. Regularly reviewing your estate plan helps to ensure it remains up-to-date and aligned with your current wishes.

Additional Resources

If you are seeking further information or assistance in estate planning in San Diego, consider exploring the following resources:

San Diego County Bar Association's Estate Planning, Trust and Probate Law Section: Visit their website for valuable articles, resources, and a directory of local estate planning attorneys.
California Attorney General's Office: Their website offers guides and information on estate planning, probate, and consumer tips related to hiring legal professionals.
California Courts Self-Help Center: An online resource providing free legal information, videos, and step-by-step guides on estate planning and probate processes.

Next Steps

If you require legal assistance in estate planning, follow these steps:

Research and identify reputable estate planning attorneys in San Diego.
Contact the attorneys and schedule initial consultations to discuss your needs, ask questions, and evaluate their expertise.
During the consultations, ensure the attorney is knowledgeable about San Diego estate planning laws and has experience handling cases similar to yours.
Select an attorney who understands your goals, communicates effectively, and provides a clear fee structure.
Work closely with your chosen attorney to gather necessary information, provide relevant documentation, and develop a comprehensive estate plan tailored to your needs.

Lawzana helps you find the best lawyers and law firms in San Diego 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 San Diego, 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.