Best Estate Planning Lawyers in Towson
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List of the best lawyers in Towson, United States
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 Towson, United States
Estate Planning in Towson, United States, primarily revolves around determining how an individual’s assets will be distributed upon their death. It sometimes also includes stipulations for handling affairs should the person become incapacitated. Proper Estate Planning generally involves drafting legal documents like wills, trusts, powers of attorney, and living wills. The intricacies of the law and the personal nature of these documents demand a careful and thorough approach.
Why You May Need a Lawyer
While it is possible to draft a simple will without legal assistance, more complex estates often require the expertise of an attorney. Lawyers can help ensure that your estate plan complies with state and federal laws, minimizes taxes, and carries out your wishes accurately. They can also assist in specific situations such as planning for incapacity, creating a living trust, or addressing issues with probate.
Local Laws Overview
Like all U.S. states, Maryland has its own specific laws governing Estate Planning. For instance, Maryland Estate tax exemption limits differ from federal levels, and in some cases, estates could be subject to both Maryland estate tax and federal estate tax. Additionally, Maryland Law requires the use of witnesses while drafting a will. These rules, and others like them, make it important to get local legal advice when planning your estate.
Frequently Asked Questions
1. Do I need a will?
Having a will, regardless of the size of your estate, adds clarity to the distribution of your assets and can help avoid potential disputes after your death.
2. What happens if I die without a will?
If you pass without a will, Maryland's intestacy laws determine the distribution of your assets. Typically, this means your nearest relatives will inherit your estate.
3. Can I change my will?
Yes, you can change your will at any time. It's actually recommended to review and possibly update your will every few years or after major life events.
4. Are there residency requirements for making a will in Maryland?
While it's advisable to create a will in the state where you live, Maryland doesn't have specific residency requirements for making a will.
5. What is probate and should I avoid it?
Probate is the legal process that occurs after a person’s death which involves proving the validity of their will, identifying inheritors, paying off debts, and distributing assets. While probate can be time-consuming and costly, it isn't inherently negative. Every situation is different, and whether to avoid probate depends on your specific circumstances.
Additional Resources
For additional information and resources related to estate planning in Maryland, you can refer to the Maryland State Bar Association, the Maryland Attorney General's Office, and the Maryland Courts, all of which offer online guides and resources on estate planning.
Next Steps
If you need legal assistance in Estate Planning, start by researching and hiring a reputable lawyer specialized in estate planning in Maryland. Prepare a list of all assets, their estimated value, and your intents for distribution. Remember, it's important to review your estate plan regularly to ensure it still aligns with your wishes and any changes to the law.
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.