Best Probate Lawyers in Great Neck
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List of the best lawyers in Great Neck, 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: [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 Great Neck, United States:
Probate is the legal process of administering the estate of a deceased person, resolving any claims against the estate, and distributing the deceased person's property according to their will or state law. In Great Neck, United States, Probate proceedings are typically handled by the Surrogate's Court in the county where the deceased person resided at the time of their death.
Why You May Need a Lawyer:
While it is possible to navigate the Probate process on your own, there are several situations where seeking legal assistance from a Probate lawyer may be beneficial. Some common reasons for needing a lawyer include disputes over the distribution of assets, interpreting a complex will, handling contested estates, or dealing with creditors' claims against the estate.
Local Laws Overview:
In Great Neck, United States, Probate laws are governed by the New York Surrogate's Court Procedure Act. Some key aspects of local laws that are particularly relevant to Probate include deadlines for filing a will with the Surrogate's Court, requirements for notifying beneficiaries and creditors, and procedures for resolving disputes that may arise during the Probate process.
Frequently Asked Questions:
Q: Do all estates have to go through Probate in Great Neck, United States?
A: Not all estates are required to go through Probate in Great Neck, United States. Small estates with assets below a certain threshold may be eligible for simplified Probate procedures or may be able to avoid Probate altogether.
Q: How long does Probate take in Great Neck, United States?
A: The duration of Probate proceedings in Great Neck, United States can vary depending on the complexity of the estate, any disputes that may arise, and the court's schedule. On average, Probate can take anywhere from several months to a year or more to complete.
Q: Can I challenge a will in Great Neck, United States?
A: Yes, it is possible to challenge a will in Great Neck, United States. Common grounds for contesting a will include lack of testamentary capacity, undue influence, fraud, or a defective execution of the will.
Q: What happens if someone dies without a will in Great Neck, United States?
A: If someone dies without a will in Great Neck, United States, their estate will be distributed according to the state's intestacy laws. Typically, assets will be passed on to the deceased person's closest living relatives in a predetermined order of priority.
Q: How are creditors' claims handled in Probate in Great Neck, United States?
A: Creditors' claims against the estate are typically resolved during the Probate process. The executor of the estate is responsible for notifying creditors of the deceased person's death and paying off valid claims using estate assets.
Q: Can I serve as the executor of an estate in Great Neck, United States if I live out of state?
A: Yes, it is possible to serve as the executor of an estate in Great Neck, United States even if you live out of state. However, there may be additional requirements or restrictions imposed on out-of-state executors, so it is advisable to seek legal advice in such situations.
Q: Do I need a lawyer to navigate the Probate process in Great Neck, United States?
A: While you are not required to hire a lawyer for Probate in Great Neck, United States, having legal guidance can help ensure that the process is handled efficiently and in compliance with state laws. A lawyer can also provide valuable support in resolving any disputes that may arise during Probate.
Q: What are the duties of an executor in Probate in Great Neck, United States?
A: The executor of an estate in Great Neck, United States is responsible for managing the deceased person's assets, paying off debts and taxes, distributing assets to beneficiaries according to the will, and handling any disputes that may arise during the Probate process.
Q: Can I change my will during the Probate process in Great Neck, United States?
A: It is possible to make changes to your will during the Probate process in Great Neck, United States. However, any modifications should be made in accordance with state laws and must be properly executed to be valid.
Q: How much does it cost to hire a Probate lawyer in Great Neck, United States?
A: The cost of hiring a Probate lawyer in Great Neck, United States can vary depending on the complexity of the estate and the lawyer's fee structure. Some lawyers may charge an hourly rate, while others may work on a flat fee or contingency basis.
Additional Resources:
For more information on Probate in Great Neck, United States, you may consider contacting the New York State Bar Association or the Surrogate's Court in your county. These resources can provide guidance on Probate procedures, local laws, and finding a qualified Probate lawyer to assist you.
Next Steps:
If you are in need of legal assistance with Probate in Great Neck, United States, it is advisable to consult with a qualified Probate lawyer who can help guide you through the process and ensure that your rights are protected. You may schedule a consultation with a Probate lawyer to discuss your specific situation and explore your options for navigating the Probate process effectively.
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.