Best Estate Planning Lawyers in Wilmington

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List of the best lawyers in Wilmington, United States

Dorsey & Whitney LLP

Wilmington, United States

Founded in 1912

1,390 people in their team

English

worldwide advantageYOUR BUSINESS REQUIRES AN ADVANTAGE, AN EDGE, TO SUCCEED IN A HIGHLY COMPETITIVE WORLD.Dorsey’s lawyers and staff can help you gain that edge by applying superb legal knowledge and skills with practical wisdom and a deep understanding of your business and industry.We serve...

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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: [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.

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About Estate Planning Law in Wilmington, United States

Estate Planning law in Wilmington, United States focuses on creating legal arrangements to manage and distribute one's assets in the event of their death or incapacity. It involves creating wills, trusts, powers of attorney, and other legal documents to ensure your wishes are carried out and your loved ones are taken care of.

Why You May Need a Lawyer

While it is possible to create a basic estate plan without professional help, there are many situations where consulting with an estate planning lawyer in Wilmington is highly recommended. Some common scenarios where legal help is crucial include:

Complex family situations, such as blended families, estranged children, or heirs with special needs
High-value estates with significant assets, businesses, or real estate
Tax planning strategies to minimize estate taxes
Assistance in choosing an executor, guardian for minor children, or trustee
Desire to create charitable trusts or leave charitable bequests

Local Laws Overview

In Wilmington, United States, estate planning laws are governed by state-specific statutes and regulations. It's essential to be familiar with the following key aspects:

Wills: A valid will should be in writing, signed by the testator (the person making the will) and witnessed by at least two witnesses.
Intestate Succession: If you die without a will, state laws will determine how your assets will be distributed among your heirs.
Probate Process: Estate assets generally go through the probate process, where a court oversees the administration and distribution of the estate. Understanding the local probate requirements is crucial.
Power of Attorney: This legal document grants someone the authority to make financial and legal decisions on your behalf if you become incapacitated.
Healthcare Advance Directives: These documents, such as a living will or healthcare proxy, allow you to outline your medical preferences and appoint someone to make healthcare decisions for you if you're unable to do so.

Frequently Asked Questions

1. What is the difference between a will and a trust?

A will takes effect after your death and specifies how your assets should be distributed. A trust, on the other hand, can be created during your lifetime or in your will and allows assets to be held and managed for the benefit of designated beneficiaries.

2. Do I need an estate plan if I don't have many assets?

Yes, estate planning is not just about the value of your assets. It's also about ensuring your healthcare wishes are followed, appointing guardians for minor children, and making it easier for your loved ones to handle your affairs after your death.

3. Can I make changes to my estate plan after it's created?

Yes, it's generally possible to make changes to your estate plan. Major changes may require executing new legal documents, while minor updates can often be done through a codicil (an amendment) or a trust amendment.

4. What is the role of an executor?

An executor is responsible for managing the estate's assets, paying debts and taxes, and distributing assets according to the terms of the will. It's important to choose an executor who is trustworthy and capable of fulfilling these duties.

5. How can estate planning help minimize taxes?

Estate planning strategies, such as establishing trusts or gifting assets during your lifetime, can help minimize estate taxes by reducing the overall value of your estate. Consulting with an estate planning attorney is advisable to explore tax-saving options.

Additional Resources

For further information and assistance with estate planning in Wilmington, consider these additional resources:

Wilmington Bar Association - www.wilmingtonbar.org
Delaware Estate Planning Council - www.dep.org
Delaware Office of the Attorney General - www.attorneygeneral.delaware.gov
American Academy of Estate Planning Attorneys - www.aaepa.com

Next Steps

If you require legal assistance or have specific questions about estate planning in Wilmington, it is advisable to consult with an experienced estate planning attorney. They can evaluate your unique circumstances and provide tailored advice to help protect your assets and ensure your wishes are carried out.

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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.