Best Estate Planning Lawyers in Torrance
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List of the best lawyers in Torrance, United States
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United States Estate Planning Legal Questions answered by Lawyers
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- 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: recososalawfirm@gmail.com📞 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 Torrance, United States
Estate planning law in Torrance, California focuses on helping individuals prepare for the transfer of assets and responsibilities in the event of their incapacity or passing. It is a legal process involving the creation of documents such as wills, trusts, powers of attorney, and advance health care directives. The main goal is to clarify a person's wishes regarding property distribution, minor children guardianship, and health care choices. Torrance, as part of Los Angeles County, follows California state law, which has specific requirements and processes for estate planning and probate. Proper planning can save loved ones time, money, and stress while ensuring your preferences are honored.
Why You May Need a Lawyer
Estate planning often appears simple, but many situations can introduce complexities that benefit from legal guidance. Common reasons to seek a lawyer's help include:
- You own real estate or significant assets in Torrance or elsewhere.
- You have children under 18 and wish to name a guardian.
- You want to avoid the California probate process, which can be lengthy and costly.
- You have a blended family or other unique family circumstances.
- You own a business or have special needs beneficiaries.
- You need to minimize taxes on your estate.
- You want to ensure your health care and financial decisions are handled according to your wishes if you become incapacitated.
- There are disputes among potential heirs or concerns about challenges to your will or trust.
- You previously created estate planning documents and need them reviewed or updated.
Hiring a qualified estate planning attorney in Torrance can ensure documents are legally valid and tailored to your needs.
Local Laws Overview
In Torrance, estate planning is governed by California law, which has several notable features:
- Probate Process: Assets not held in a trust or designated by beneficiary can be subject to probate, a court-supervised process that verifies the will and distributes assets. California probate can be time-consuming and expensive.
- Wills and Trusts: California recognizes both wills and living trusts. Trusts are commonly used to avoid probate and simplify asset distribution.
- Community Property: California is a community property state, meaning assets acquired during marriage are generally considered owned by both spouses.
- Power of Attorney and Advance Health Care Directives: These documents designate trusted parties to make financial or health care decisions if you are unable to do so yourself.
- Small Estates: Estates under a certain value ($184,500 as of 2024) may qualify for simplified probate procedures.
- Intestate Succession: If you die without a will, California state law will determine how your assets are divided, which may not align with your wishes.
Frequently Asked Questions
What happens if I die without a will in Torrance?
If you die without a will (intestate), California’s laws will dictate how your property is distributed among your heirs. This may result in outcomes you did not intend and can complicate the process for your loved ones.
Do I need a trust if I live in Torrance?
While not required, many Torrance residents use living trusts to avoid probate, maintain privacy, and provide clear instructions for distributing property. A trust can be especially beneficial if you own real estate or have a complex estate.
How can I make sure my minor children are cared for?
You can name a guardian for minor children in your will. It is also important to review your choices periodically as circumstances change.
Can I change my estate planning documents?
Yes, you can revise your will, trust, or other documents at any time as long as you are legally competent. Regular updates are recommended after major life events.
What is the role of an executor?
The executor named in your will manages your estate after your death. This person ensures debts are paid, final taxes are filed, and assets are distributed according to your wishes.
What is probate and why should I avoid it?
Probate is the court process for validating your will and transferring assets. It can be public, time-consuming, and costly. Creating a trust can help your heirs avoid probate for most assets.
What qualifies as a small estate in Torrance?
In California, estates valued below $184,500 may be eligible for a simplified probate process that does not require full court proceedings. Certain assets may not be included in this calculation.
Do I need to update my estate plan if I move to Torrance?
Yes, you should have your documents reviewed by a local attorney to ensure compliance with California law and to make any necessary updates.
What is an advance health care directive?
An advance health care directive is a document where you specify your health care preferences and designate someone to make medical decisions on your behalf if you cannot do so yourself.
How do I choose the right estate planning lawyer in Torrance?
Look for attorneys with experience in California estate law who have positive client reviews, clear communication, and transparent fees. Ask about their approach to cases similar to yours.
Additional Resources
Several organizations and government bodies can help with estate planning questions in Torrance:
- California State Bar Association: Provides attorney referral services and legal information.
- Los Angeles County Superior Court: Probate Division offers forms and procedural information.
- California Department of Aging: Offers information about advanced health care directives and elder care.
- Legal Aid Foundation of Los Angeles: Provides assistance for those who qualify.
- Torrance Public Library: Offers workshops and estate planning books.
These resources can be useful for general information or if you need help finding a qualified attorney.
Next Steps
If you are considering estate planning in Torrance, start by assessing your assets and considering your goals for your estate, beneficiaries, and personal care. Gather any existing documents, such as previous wills or trusts. Then, consult with a licensed estate planning attorney who understands California law. They will guide you through options tailored to your situation, draft and review legal documents, and ensure everything complies with state requirements. It is also wise to review your plan periodically or after major life changes to ensure continued accuracy and relevance. Protecting your wishes and providing for your loved ones starts with a sound, legally compliant estate plan.
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.