Best Estate Planning Lawyers in 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: [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 United States
Estate Planning is the process of arranging for the disposal of an individual's assets after their death. This includes making decisions about who will inherit the assets, making provisions for dependents, and minimizing estate taxes. Estate Planning laws vary by state, so it is important to consult with a lawyer who is familiar with the laws in your specific location.
Why You May Need a Lawyer
There are several common situations where you may need the assistance of a lawyer for Estate Planning. These may include drafting a Will, creating a Trust, establishing guardianship for minor children, planning for incapacity, and minimizing estate taxes. A lawyer can help you navigate the complex legal requirements and ensure that your wishes are carried out effectively.
Local Laws Overview
In the United States, each state has its own set of laws governing Estate Planning. Some common aspects that may be relevant include laws concerning Wills, Trusts, Probate, and estate taxes. It is important to be aware of the specific laws in your state to ensure that your estate plan is valid and legally binding.
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 and manage assets for the benefit of beneficiaries.
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, regardless of the size of their assets. An estate plan can help ensure that your wishes are carried out and that your loved ones are taken care of after your death.
3. What is Probate?
Probate is the legal process of validating a Will and distributing assets according to its terms. It can be a lengthy and expensive process, so many people try to avoid probate through careful estate planning.
4. Can I create my own Will without a lawyer?
While it is possible to create your own Will using online templates, it is generally advised to consult with a lawyer to ensure that your Will is legally valid and reflects your wishes accurately.
5. How can I minimize estate taxes?
There are several strategies that can help minimize estate taxes, such as gifting assets during your lifetime, establishing trusts, and taking advantage of tax exemptions. A lawyer can help you navigate these complexities.
6. What is a Power of Attorney?
A Power of Attorney is a legal document that grants someone else the authority to make financial or medical decisions on your behalf if you become incapacitated. It is an important part of estate planning.
7. Can I change my estate plan after it's been created?
Yes, it is important to regularly review and update your estate plan to reflect any changes in your life circumstances or goals. A lawyer can help you make these changes effectively.
8. What happens if I die without an estate plan?
If you die without an estate plan, your assets will be distributed according to the laws of intestacy in your state. This may not reflect your wishes and can lead to lengthy legal battles among your heirs.
9. How much does it cost to hire an estate planning lawyer?
The cost of hiring an estate planning lawyer can vary depending on the complexity of your estate and the services required. Many lawyers offer flat fees for estate planning services, while others charge hourly rates.
10. How long does it take to create an estate plan?
The time it takes to create an estate plan can vary depending on your individual circumstances and the complexity of your estate. It is important to start the process early to ensure that your wishes are documented effectively.
Additional Resources
For more information on Estate Planning in the United States, you can consult the American Bar Association's section on Estate Planning or contact your state's Bar Association for local resources and referrals to legal professionals specializing in estate planning.
Next Steps
If you are in need of legal assistance for Estate Planning in the United States, it is recommended to schedule a consultation with a qualified estate planning lawyer in your area. They can help you assess your needs, create a comprehensive estate plan, and ensure that your wishes are carried out effectively. Don't wait until it's too late - start planning for your future today.
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.