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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: [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
- can filipino probate lawyers make a California trust?
- Contact me on WhatsApp >>> +38970704335 <<< I can help you.Regards,
About Probate Law in Durham, United States
Probate is the legal process of administering the estate of a deceased person, resolving any claims and distributing the deceased person's property according to their will or state law. In Durham, United States, probate is handled by the Durham County Probate Court.
Why You May Need a Lawyer
You may need a lawyer for probate in Durham if you are the executor of an estate and need help navigating the complex legal requirements, if there are disputes among heirs or beneficiaries, if the estate is facing challenges, or if you simply want to ensure that the probate process goes smoothly and efficiently.
Local Laws Overview
In Durham, United States, probate laws are governed by state statutes. Some key aspects to be aware of include the probate process, the duties of the executor, the distribution of assets, and any applicable taxes.
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 probate take in Durham?
A: The duration of probate can vary depending on the complexity of the estate and any potential disputes.
Q: Do all estates have to go through probate in Durham?
A: Not all estates are required to go through probate, especially if the assets are held in a trust or pass by beneficiary designation.
Q: What is the role of the executor in Durham probate?
A: The executor is responsible for managing the estate, paying debts and taxes, and distributing assets to beneficiaries.
Q: Can I contest a will in Durham probate?
A: Yes, you can contest a will if you believe it was improperly executed or if there are concerns about its validity.
Additional Resources
For more information on probate in Durham, you can contact the Durham County Probate Court or seek guidance from the North Carolina Bar Association.
Next Steps
If you require legal assistance with probate in Durham, it is advisable to consult with a qualified probate attorney who can guide you through the process and help protect your interests.
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.