Best Estate Planning Lawyers in Santa Monica
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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.
About Estate Planning Law in Santa Monica, United States:
Estate planning is the process of arranging for the disposal of an individual's assets after they pass away. In Santa Monica, United States, estate planning laws govern how assets are distributed, how taxes are handled, and how healthcare decisions are made. It is essential to have a comprehensive estate plan in place to ensure your wishes are carried out and your loved ones are taken care of.
Why You May Need a Lawyer:
There are several situations where you may require legal assistance in estate planning. Some common reasons include drafting a will, setting up trusts, creating a healthcare directive, minimizing estate taxes, and ensuring that your assets are protected. A lawyer specializing in estate planning can help you navigate the complex legal requirements and draft documents that accurately reflect your wishes.
Local Laws Overview:
In Santa Monica, United States, estate planning laws are governed by state statutes that determine how assets are distributed in the absence of a will, how trusts are formed and managed, and how healthcare decisions are made. It is important to be aware of these laws to ensure that your estate plan is legally sound and will be upheld in court.
Frequently Asked Questions:
1. What is the difference between a will and a trust?
A will is a legal document that outlines how your assets will be distributed after you pass away, while a trust is a legal entity that holds assets on behalf of beneficiaries and can provide specific instructions for asset management.
2. Do I need a lawyer to create an estate plan?
While it is possible to create a basic estate plan without a lawyer, consulting with an attorney who specializes in estate planning can ensure that your plan is legally sound and accurately reflects your wishes.
3. How can I minimize estate taxes in Santa Monica?
There are various strategies available to minimize estate taxes, such as setting up trusts, gifting assets during your lifetime, and taking advantage of tax-exempt gifts.
4. What is a healthcare directive and why do I need one?
A healthcare directive is a legal document that outlines your wishes for medical treatment in the event that you are unable to communicate. It is important to have a healthcare directive to ensure that your healthcare preferences are known and respected.
5. Can I update my estate plan if my circumstances change?
Yes, it is recommended to review and update your estate plan regularly, especially after major life events such as marriage, divorce, the birth of a child, or a significant change in assets.
6. How can I protect my assets from creditors?
There are various estate planning strategies available to protect assets from creditors, such as setting up trusts and creating a solid asset protection plan with the guidance of a lawyer.
7. What happens if I die without a will in Santa Monica?
If you die without a will in Santa Monica, your assets will be distributed according to state intestacy laws, which may not align with your wishes. It is important to have a will in place to ensure that your assets are distributed as you intend.
8. How can I ensure that my minor children are taken care of in my estate plan?
You can designate a guardian for your minor children in your will and set up a trust to provide for their financial needs until they reach adulthood. Consulting with a lawyer specializing in estate planning can help you create a comprehensive plan for your minor children.
9. What is probate and how can I avoid it?
Probate is the legal process of validating a will and distributing assets after a person passes away. You can avoid probate by setting up trusts, designating beneficiaries on your accounts, and utilizing joint ownership with rights of survivorship.
10. How much does it cost to hire an estate planning lawyer in Santa Monica?
The cost of hiring an estate planning lawyer in Santa Monica can vary depending on the complexity of your estate plan and the services you require. It is recommended to consult with multiple lawyers to compare rates and services before making a decision.
Additional Resources:
For more information on estate planning in Santa Monica, United States, you can visit the California State Bar website (www.calbar.ca.gov) or contact the Santa Monica Bar Association for a list of qualified estate planning lawyers in the area.
Next Steps:
If you require legal assistance with estate planning in Santa Monica, United States, it is recommended to schedule a consultation with a knowledgeable estate planning lawyer who can guide you through the process and help you create a comprehensive estate plan that meets your needs and protects your assets.
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.