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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 Nashville, United States:
Probate is the legal process that takes place after someone passes away. It involves proving the validity of a will, identifying and inventorying the deceased person's property, paying debts and taxes, and distributing the remaining assets to beneficiaries.
Why You May Need a Lawyer:
There are several situations where you may require legal help in Probate, such as if the deceased person did not leave a will, if there are disputes among beneficiaries, if the estate is large and complex, or if there are creditors making claims against the estate.
Local Laws Overview:
In Nashville, United States, Probate laws govern how estates are handled. Some key aspects include the requirement for a personal representative to oversee the probate process, the deadlines for filing necessary paperwork, and the rules for distributing assets to beneficiaries.
Frequently Asked Questions:
1. What is probate?
Probate is the legal process of administering a deceased person's estate. It involves proving the validity of the will, identifying assets, paying debts, and distributing assets to beneficiaries.
2. Do all estates have to go through probate?
Not all estates need to go through probate. Small estates with minimal assets may be able to avoid probate through simplified procedures.
3. How long does probate take in Nashville?
The length of the probate process can vary depending on the complexity of the estate and potential disputes. It can take anywhere from a few months to several years.
4. How much does probate cost in Nashville?
The cost of probate can vary depending on factors such as legal fees, court costs, and executor fees. It is advisable to consult with a probate lawyer to get an estimate of the potential costs.
5. Can I contest a will during probate?
Yes, you can contest a will during probate if you believe it is invalid due to reasons such as undue influence, fraud, or lack of capacity.
6. What happens if someone dies without a will in Nashville?
If someone passes away without a will in Nashville, their assets will be distributed according to the state's intestacy laws, which determine how property is divided among heirs.
7. Can I handle probate on my own without a lawyer?
While it is possible to handle probate without a lawyer, it is advisable to seek legal assistance to navigate the complex legal procedures and ensure that the estate is properly administered.
8. What are the duties of an executor in probate?
The duties of an executor in probate include gathering and inventorying assets, paying debts and taxes, distributing assets to beneficiaries, and fulfilling any other obligations outlined in the will or by law.
9. Can creditors make claims against the estate during probate?
Yes, creditors have the right to make claims against the estate during probate to seek repayment of any debts owed by the deceased person.
10. Is probate public record in Nashville?
Yes, probate is a public process, and certain information such as the will, inventory of assets, and court filings may be accessible to the public.
Additional Resources:
For additional resources and information on Probate in Nashville, United States, you can contact the Tennessee Probate Court or seek assistance from the Tennessee Bar Association. They can provide guidance and support for navigating the probate process.
Next Steps:
If you need legal assistance in Probate in Nashville, United States, it is recommended to consult with a probate lawyer who can provide expert advice and guide you through the process. They can help ensure that the estate is administered correctly and that your rights are protected throughout the probate proceedings.
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.