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Find a Lawyer in TampaUnited 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 Tampa, United States:
Estate Planning in Tampa involves creating a plan for the distribution of a person's assets upon their death. This often includes creating wills, trusts, powers of attorney, and other legal documents to ensure that a person's wishes are carried out. Estate Planning is essential to protect your loved ones and ensure that your assets are distributed according to your wishes.
Why You May Need a Lawyer:
There are several situations where you may need a lawyer for Estate Planning in Tampa:
- Complex family situations
- High net worth individuals
- Business owners
- Concerns about taxes or asset protection
- Changes in your family or financial situation
Local Laws Overview:
In Tampa, Estate Planning is governed by state laws, including the Florida Probate Code. Some key aspects of local laws that are relevant to Estate Planning include:
- Homestead laws
- Intestate succession laws
- State estate tax laws
- Florida probate process
Frequently Asked Questions:
What is probate?
Probate is the court-supervised process of distributing a person's assets upon their death.
Do I need a will?
Having a will is essential for Estate Planning to ensure that your assets are distributed according to your wishes.
What is a trust?
A trust is a legal entity that holds assets for the benefit of a beneficiary.
How can I reduce estate taxes?
Estate Planning strategies such as gifting, trusts, and life insurance can help reduce estate taxes.
Can I change my Estate Plan?
Yes, you can update your Estate Plan as needed to reflect changes in your family or financial situation.
Do I need a lawyer for Estate Planning?
While it is possible to do Estate Planning on your own, consulting with a lawyer can ensure that your plan is legally sound and meets your goals.
What happens if I die without an Estate Plan?
If you die without an Estate Plan, your assets will be distributed according to state intestate succession laws.
What is a power of attorney?
A power of attorney is a legal document that gives someone the authority to act on your behalf in legal and financial matters.
What is a living will?
A living will is a legal document that outlines your wishes for medical treatment in the event that you are unable to communicate your wishes.
How can I protect my assets from creditors?
Asset protection strategies such as trusts and insurance can help protect your assets from creditors.
Additional Resources:
For more information on Estate Planning in Tampa, you can contact the Florida Bar Association or the Hillsborough County Bar Association. The Florida Probate Code and the Florida Department of Revenue website also provide valuable resources on Estate Planning laws and regulations in Tampa.
Next Steps:
If you need legal assistance with Estate Planning in Tampa, it is recommended to consult with an experienced Estate Planning lawyer who can help you create a comprehensive plan that meets your goals and protects your assets. You can schedule a consultation with a lawyer to discuss your individual needs and create a customized Estate Plan that meets your specific wishes.
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.