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United States Probate Legal Questions answered by Lawyers
Browse our 2 legal questions about Probate 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
- can filipino probate lawyers make a California trust?
- Contact me on WhatsApp >>> +38970704335 <<< I can help you.Regards,
About Probate Law in Franklin, United States:
Probate is the legal process through which a deceased person's assets are distributed to their heirs. In Franklin, United States, probate courts handle cases related to wills, estates, and trusts. The process ensures that the deceased person's final wishes are honored and that their assets are properly distributed.
Why You May Need a Lawyer:
You may need a lawyer in probate cases if you encounter disputes among family members over the deceased person's assets, if you are unsure about the validity of a will, or if you need assistance navigating the complex legal processes involved in probate. A lawyer can provide guidance and representation to ensure that your rights are protected.
Local Laws Overview:
In Franklin, United States, probate laws dictate how assets are distributed, how wills are validated, and how disputes among heirs are resolved. It is important to be aware of the local laws governing probate to ensure that the process is carried out correctly and fairly.
Frequently Asked Questions:
Q: What is probate?
A: Probate is the legal process through which a deceased person's assets are distributed to their heirs.
Q: Do all estates go through probate?
A: Not all estates go through probate. Estates with a valid will and minimal assets may be able to bypass the probate process.
Q: Can I contest a will during probate?
A: Yes, you can contest a will during probate if you believe it is invalid. A lawyer can help you with this process.
Q: How long does the probate process take?
A: The probate process can take anywhere from a few months to several years, depending on the complexity of the estate and any disputes that may arise.
Q: Are there alternatives to probate?
A: Yes, there are alternatives to probate, such as living trusts, that can help assets pass to heirs more efficiently.
Q: Do I need a lawyer for probate?
A: While not required, having a lawyer for probate can help ensure that the process is carried out correctly and that your rights are protected.
Q: How are assets distributed in probate?
A: Assets are distributed according to the deceased person's will. If there is no will, assets are distributed according to state intestacy laws.
Q: What are the responsibilities of an executor in probate?
A: The executor is responsible for managing the deceased person's estate, paying debts and taxes, and distributing assets to heirs according to the will.
Q: Can probate be avoided?
A: Probate can be avoided in some cases by setting up a living trust or other estate planning methods.
Q: How much does probate cost?
A: The cost of probate can vary depending on the complexity of the estate and any disputes that may arise. It is advisable to consult with a lawyer for more information.
Additional Resources:
For more information on probate in Franklin, United States, you can visit the Franklin County Probate Court website or contact the Franklin Bar Association for referrals to probate lawyers in the area.
Next Steps:
If you need legal assistance in probate, consider consulting with a probate lawyer in Franklin, United States. They can guide you through the process and ensure that your rights are protected during this difficult time.
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.