Best Probate Lawyers in Fresno
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List of the best lawyers in Fresno, United States
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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: 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 Fresno, United States:
Probate is the legal process through which a deceased person's assets are distributed to their beneficiaries and any outstanding debts are settled. In Fresno, United States, probate proceedings are conducted in the Superior Court of California, County of Fresno.
Why You May Need a Lawyer:
While it is possible to navigate the probate process without legal representation, hiring a probate lawyer can be beneficial in complex situations involving disputes among beneficiaries, contested wills, or high-value estates. A lawyer can provide guidance, ensure compliance with legal requirements, and help expedite the probate process.
Local Laws Overview:
In Fresno, United States, the probate process is governed by the California Probate Code. Key aspects of local laws that are particularly relevant to probate include determining the validity of the deceased person's will, identifying and inventorying the estate assets, paying off debts and taxes, and distributing the remaining assets to the beneficiaries.
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 typically take in Fresno?
A: The duration of probate can vary depending on the complexity of the estate, but it typically takes between six months to a year to complete in Fresno.
Q: Do all estates have to go through probate in Fresno?
A: Not all estates are required to go through probate. Small estates valued at $166,250 or less may qualify for simplified probate procedures.
Q: Can I contest a will in probate court?
A: Yes, you can contest a will in probate court if you believe it is invalid due to fraud, duress, undue influence, or lack of capacity.
Q: How are estate taxes handled in probate?
A: Estate taxes must be paid out of the estate assets before the remaining assets can be distributed to the beneficiaries.
Additional Resources:
For more information on probate law in Fresno, United States, you can visit the Superior Court of California, County of Fresno website or consult with the State Bar of California for a list of licensed probate lawyers.
Next Steps:
If you require legal assistance with probate in Fresno, United States, consider scheduling a consultation with a probate lawyer to discuss your specific situation and determine the best course of action.
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.