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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: 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 Vermont, United States
Estate planning in Vermont is the legal process of arranging for the management and distribution of your assets and property after your death, as well as planning for potential incapacity during your lifetime. The main goals of estate planning include ensuring that your wishes are respected, minimizing taxes and expenses, appointing trusted individuals to manage affairs, and providing for loved ones. Vermont's estate planning laws are distinct in several ways, particularly with respect to probate, inheritance, state taxes, and the rights of spouses and family members.
Why You May Need a Lawyer
Many situations can create the need for a skilled estate planning attorney in Vermont. Some of the most common reasons people seek legal help include:
- Drafting a legally sound will or trust to ensure your wishes are carried out.
- Minimizing state and federal estate or inheritance taxes.
- Setting up powers of attorney for financial and health care decisions in the event of incapacity.
- Establishing guardianship arrangements for minor children or dependents.
- Navigating complex family situations such as blended families, second marriages, or disinheriting relatives.
- Protecting assets from creditors or long-term care costs.
- Providing for family members with disabilities without jeopardizing their eligibility for public benefits.
- Managing probate and estate administration after the death of a loved one.
A lawyer will ensure your documents are valid under Vermont law and that your plan meets your unique needs.
Local Laws Overview
Estate planning in Vermont is governed by state statutes and regulations. Several aspects of Vermont law are especially important:
- Probate Process: Most estates in Vermont must go through probate, unless assets are held in a manner that avoids this, such as trusts or joint ownership with rights of survivorship.
- Wills: Vermont recognizes both typed and, in limited cases, handwritten wills. Wills must be signed by the individual and witnessed by at least two people to be valid. Oral wills are not accepted.
- Trusts: Vermont allows the creation of living, testamentary, and special needs trusts. Trusts can help avoid probate and protect assets for beneficiaries.
- Powers of Attorney: Vermont law provides statutory forms for both financial and health care powers of attorney. Choosing an agent is a critical component of incapacity planning.
- Estate Taxes: Vermont imposes an estate tax on estates with value above a certain threshold. As of 2024, this threshold is subject to periodic adjustments by the state legislature.
- Spousal and Family Rights: By law, surviving spouses have certain rights, such as the ability to claim a portion of the estate even if disinherited in a will.
- Advance Directives: Vermont allows advance directives to specify your medical care preferences should you become unable to express them.
Understanding these rules is crucial for effective estate planning.
Frequently Asked Questions
What is probate, and can it be avoided in Vermont?
Probate is the court-supervised process of settling a person's estate after death. It involves validating the will, paying debts, and distributing assets. Probate can often be avoided in Vermont by using trusts, joint ownership, or beneficiary designations.
Does Vermont have its own estate or inheritance tax?
Yes, Vermont imposes an estate tax on estates that exceed the state exemption amount. There is no separate inheritance tax in Vermont.
Do I need a will if I have few assets?
Even if you have modest assets, having a will ensures your wishes are clear and can simplify the process for your loved ones. It can also address guardianship for minor children.
What happens if I die without a will in Vermont?
If you die without a will (intestate), Vermont's laws determine who inherits your property. Generally, your spouse and children have priority, but the specific distribution depends on your family situation.
Can I disinherit my spouse or children?
Vermont law protects surviving spouses with elective share rights, meaning they can claim a portion of the estate even if disinherited. Children can generally be disinherited, but this should be clearly stated.
How often should I update my estate plan?
Review your estate plan whenever you experience a significant life event, such as marriage, divorce, the birth of a child, or a substantial change in assets. Regular updates ensure your wishes remain current.
Are handwritten wills valid in Vermont?
Handwritten wills, also known as holographic wills, are not recognized in Vermont unless they meet all requirements for witnessed wills. Proper execution with witnesses is essential.
What is an advance directive, and should I have one?
An advance directive lets you state your medical care preferences in advance and name someone to make health care decisions if you are incapacitated. It is highly recommended for all adults.
Can I plan for a loved one with special needs?
Yes, special needs trusts can be established to provide for loved ones with disabilities without affecting their eligibility for government benefits.
Do I need a lawyer to create an estate plan in Vermont?
While some people use online forms or templates, Vermont's laws are specific and errors can lead to costly problems. A lawyer can ensure your documents are valid and your goals are fully achieved.
Additional Resources
If you need more information or guidance, consider the following resources:
- Vermont Judiciary - Probate Division: Provides forms and information about probate and estate administration throughout the state.
- Vermont Bar Association: Offers lawyer referral services and educational materials for the public.
- Vermont Department of Taxes: Explains state estate tax requirements and provides relevant forms.
- Legal Services Vermont: Assists low-income Vermonters with civil legal matters, including estate planning.
- Area Agencies on Aging: Local agencies that offer support and information for seniors and families planning for the future.
Next Steps
If you are considering creating or updating your estate plan in Vermont, start by making a list of your assets, debts, and key concerns. Think about whom you trust to make decisions for you in the event of incapacity and how you want your assets distributed. Schedule a consultation with an experienced Vermont estate planning attorney, who can explain your options under state law and prepare documents tailored to your needs. Bring any existing documents and questions you may have to your meeting. Taking these steps will set you on a confident path to protecting your legacy and providing 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.