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United States Probate 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: 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
- can filipino probate lawyers make a California trust?
- Contact me on WhatsApp >>> +38970704335 <<< I can help you.Regards,
About Probate Law in Boston, United States
Probate is the legal process of administering the estate of a deceased person. In Boston, United States, probate matters are typically handled by the Probate and Family Court. This can involve validating a will, distributing assets, paying debts, and resolving any disputes that may arise.
Why You May Need a Lawyer
You may need a lawyer for probate matters in Boston if you are facing challenges such as contested wills, complex estates, or disputes among beneficiaries. A lawyer can help guide you through the process, ensure that all legal requirements are met, and protect your interests.
Local Laws Overview
In Boston, United States, probate laws are governed by the Massachusetts Uniform Probate Code. Key aspects of local laws include the probate process, estate administration, will contests, and guardianship issues.
Frequently Asked Questions
Q: What is probate?
A: Probate is the legal process of administering the estate of a deceased person.
Q: How long does the probate process take?
A: The probate process can vary depending on the complexity of the estate, but it typically takes several months to a year to complete.
Q: Do all estates have to go through probate?
A: Not all estates are required to go through probate. Small estates with minimal assets may be able to avoid probate through alternative procedures.
Q: What happens if there is no will?
A: If there is no will, the estate will be distributed according to state intestacy laws.
Q: Can I contest a will?
A: You may be able to contest a will if you believe it was executed improperly or under undue influence.
Q: Do I need a lawyer for probate?
A: While not required, having a lawyer can help ensure that the probate process goes smoothly and that your interests are protected.
Q: How are debts handled in probate?
A: Debts of the deceased are typically paid from the estate before assets are distributed to beneficiaries.
Q: What is the role of the executor?
A: The executor is responsible for managing the estate, including paying debts, distributing assets, and fulfilling the wishes of the deceased as outlined in the will.
Q: Can I serve as an executor if I live out of state?
A: Yes, you can serve as an executor if you live out of state, but you may need to appoint a local co-executor to assist with the probate process.
Q: What happens to minor children in probate?
A: If a minor child is named as a beneficiary, a guardian may need to be appointed to manage their inheritance until they reach adulthood.
Additional Resources
For more information on probate in Boston, you can visit the Massachusetts Probate and Family Court website or consult with the Boston Bar Association's Lawyer Referral Service for a recommendation of a probate lawyer.
Next Steps
If you are in need of legal assistance for probate matters in Boston, it is recommended to schedule a consultation with a probate lawyer who can offer guidance and support throughout the process.
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.