Best Estate Planning Lawyers in Tallahassee
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List of the best lawyers in Tallahassee, United States
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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 Tallahassee, United States
Estate planning is the process of organizing and arranging one's assets and affairs to ensure they are properly managed and distributed after death. In Tallahassee, United States, estate planning involves creating documents such as wills, trusts, powers of attorney, and healthcare directives to protect your assets and provide for your loved ones.
Why You May Need a Lawyer
You may need a lawyer for estate planning in Tallahassee if you have complex assets, multiple beneficiaries, blended families, or special needs considerations. A lawyer can help ensure your wishes are legally documented and carried out according to Florida state laws.
Local Laws Overview
In Tallahassee, United States, estate planning is governed by Florida state laws. Key aspects include requirements for valid wills, rules for trusts, probate procedures, inheritance laws, and estate taxes. It is important to be aware of these laws when creating your estate plan.
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 is a legal entity that can hold assets for the benefit of beneficiaries during your lifetime and after death.
2. Do I need both a will and a trust?
It depends on your individual circumstances. A lawyer can help determine the best estate planning tools for your needs.
3. What is probate and how does it impact estate planning?
Probate is the legal process of validating a will and distributing assets after death. Proper estate planning can help minimize probate costs and streamline the distribution of assets.
4. How can I minimize estate taxes in Tallahassee?
A lawyer can help you explore strategies such as gifting, setting up trusts, and utilizing exemptions to reduce estate taxes.
5. Can I change my estate plan after it is created?
Yes, you can update your estate plan at any time to reflect changes in your circumstances or wishes.
6. What is a power of attorney and why is it important for estate planning?
A power of attorney document appoints someone to make financial or healthcare decisions on your behalf if you become incapacitated. It is essential for ensuring your affairs are managed according to your wishes.
7. How can I protect assets for loved ones with special needs?
A special needs trust can be created to provide for the financial needs of a loved one with disabilities without disqualifying them from government benefits.
8. Do I need a lawyer to create an estate plan?
While it is possible to create a basic estate plan on your own, a lawyer can provide valuable expertise, ensure your documents are legally sound, and help you navigate complex estate planning issues.
9. What happens if I die without an estate plan in Tallahassee?
If you die without a will or trust, Florida laws will dictate how your assets are distributed, which may not align with your wishes.
10. How do I choose the right lawyer for estate planning in Tallahassee?
Look for a lawyer with experience in estate planning, positive reviews from clients, and a clear communication style. It is important to feel comfortable discussing personal and financial matters with your lawyer.
Additional Resources
For additional information on estate planning in Tallahassee, you can visit the Florida Bar Association's website or contact the Probate Division of the Leon County Clerk of Court.
Next Steps
If you are considering estate planning in Tallahassee, it is recommended to schedule a consultation with a local estate planning lawyer. They can assess your individual needs, explain your options, and help you create a comprehensive estate plan that protects your assets and provides for your loved ones.
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.