Best Estate Planning Lawyers in Sunrise
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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 Sunrise, United States:
Estate planning in Sunrise, United States involves the process of arranging, during a person's life, for the management and disposal of their estate after their death. This typically involves making decisions about who will inherit the individual's assets and how they will be transferred. Estate planning can also include planning for incapacity, such as appointing someone to make medical or financial decisions on the individual's behalf. Having a comprehensive estate plan in place can provide peace of mind and ensure that the individual's wishes are carried out."
Why You May Need a Lawyer:
There are several common situations where individuals may require legal help with estate planning in Sunrise. These may include:
- Creating a will or trust to outline how assets will be distributed
- Appointing guardians for minor children
- Planning for incapacity through powers of attorney or advance directives
- Minimizing estate taxes
- Establishing a plan for business succession
Local Laws Overview:
When it comes to estate planning in Sunrise, there are specific laws and regulations that individuals need to be aware of. Some key aspects of local laws that are particularly relevant to estate planning include:
- Florida's laws on wills, trusts, and probate
- Tax laws impacting estate planning, including estate and gift taxes
- Laws governing powers of attorney and advance directives
- Rules for establishing guardianship and conservatorship
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 your death, while a trust can be used to manage assets during your lifetime and after your death.
2. Do I need an estate plan if I don't have a lot of assets?
Yes, everyone can benefit from having an estate plan in place, regardless of the size of their estate. An estate plan can help ensure that your wishes are carried out and make things easier for your loved ones.
3. How often should I update my estate plan?
It's a good idea to review your estate plan every few years or whenever you experience a major life event, such as getting married, having children, or acquiring significant assets.
4. Can I create my own estate plan without a lawyer?
While it is possible to create some basic estate planning documents on your own, working with a lawyer can ensure that your plan is legally valid and tailored to your specific needs and goals.
5. What is probate and how can I avoid it?
Probate is the legal process of administering a deceased person's estate. You can potentially avoid probate by creating a trust or using other estate planning strategies.
6. Are there any tax benefits to estate planning?
Yes, estate planning can help minimize estate taxes and potentially save your heirs money in the long run.
7. What is a power of attorney?
A power of attorney is a legal document that allows someone to make financial or healthcare decisions on your behalf if you become incapacitated.
8. Can I disinherit a family member in my estate plan?
Yes, you can choose to disinherit a family member, but it's important to clearly state your intentions in your estate planning documents to avoid any potential legal challenges.
9. What is a living will and do I need one?
A living will is a document that outlines your wishes for end-of-life medical care. While not required, a living will can provide clarity for your healthcare providers and loved ones in the event of a medical emergency.
10. How can I protect my business through estate planning?
Business owners can use estate planning strategies such as buy-sell agreements and business succession plans to ensure a smooth transition of ownership in the event of their death or incapacity.
Additional Resources:
For more information on estate planning in Sunrise, United States, individuals may find it helpful to consult resources such as:
- Florida Bar Association - Estate Planning Section
- Sunrise City Hall - Probate Court Information
- Local estate planning attorneys and law firms
Next Steps:
If you are in need of legal assistance with estate planning in Sunrise, United States, your first step should be to consult with an experienced estate planning attorney. A lawyer can help you understand your options, draft necessary documents, and ensure that your wishes are carried out according to local laws and regulations.
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.