Best Estate Planning Lawyers in Woburn

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McLane Middleton
Woburn, United States

Founded in 1919
75 people in their team
English
McLane Middleton is dedicated to our clients’ businesses, acting in a consultative fashion and offering guidance through today’s complex legal system.Every day we help our clients solve their toughest legal problems and create better outcomes.McLane Middleton holds the respected honor of being...
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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
Estate Planning
Civil & Human Rights
Probate
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
Estate Planning
Elder Law
Landlord & Tenant
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 Woburn, United States:

Estate planning law in Woburn, Massachusetts, constitutes the legal regulation of the transfer and management of assets after an individual's death. This includes the creation of wills, trusts, powers of attorney, and health care surrogacies. The law also covers the levels of state and Federal taxes that apply to these assets.

Why You May Need a Lawyer:

You may require a lawyer when drafting and executing estate planning documents such as wills and trusts. If the estate consists of complex financial assets, it is beneficial to involve a lawyer to ensure the proper disposition of assets. You may also need a lawyer if you suspect malfeasance or exploitation in the management of an estate, disputes among beneficiaries, or any questions about federal and state tax applicability.

Local Laws Overview:

Local laws in Woburn, Massachusetts, dictate that you must be at least 18 years old and of a sound mind to create a will. The testator must sign the will, and it must be witnessed by at least two people. Trusts can be revocable or irrevocable, and the state law does not require a trust to be registered. You can appoint a Power of Attorney in the state who can act on your behalf if you are incapacitated. State Estate tax is applicable for estates with a gross asset of more than $1 million.

Frequently Asked Questions:

1. What is Probate?

Probate is the court-supervised process of administering a deceased person's estate, which includes paying off debts and distributing the remainder of the estate to heirs.

2. What are the duties of an Executor?

An executor is responsible for paying debts, taxes, funeral expenses, managing estate properties, handling court matters, and distributing assets to the beneficiaries as per the will.

3. Can a will be contested?

Yes, a will can be contested by an interested party for valid legal reasons such as lack of testamentary capacity or undue influence.

4. What is the difference between a Revocable and Irrevocable Trust?

A revocable trust can be altered or canceled by the grantor during their lifetime, whereas an irrevocable trust cannot be changed once it is finalized.

5. Does a Power of Attorney end upon death?

Yes, a Power of Attorney terminates upon the death of the principal.

Additional Resources:

• Massachusetts Bar Association: Offers legal education, professional assistance, and access to a network of lawyers. • Massachusetts Court System: Provides access to legal documents and resources. • American Bar Association: Provides comprehensive resources about estate planning laws and regulations in the United States.

Next Steps:

If you need legal assistance in estate planning, it is advisable to consult a lawyer experienced in this field. They can guide you through the complex legal formalities involved in making a will or forming a trust. Also, they can provide valuable information regarding the tax implications associated with estate planning. Consider reaching out to local law firms or legal aid offices for assistance.

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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.