Best Probate Lawyers in Providence

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Pierce Atwood LLP
Providence, United States

Founded in 1891
298 people in their team
English
Pierce Atwood LLP is a highly-regarded full-service law firm based in New England, recognized nationally and internationally for its expertise in complex and class action litigation, energy production and distribution, midmarket mergers and acquisitions, information security and technology,...
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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
Estate Planning
Civil & Human Rights
Probate
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?
Will & Testament
Probate
Elder Law
Contact me on WhatsApp >>> +38970704335 <<< I can help you.Regards,

About Probate Law in Providence, United States:

Probate law in Providence, United States pertains to the process of transferring money, property, and possessions from the deceased to their beneficiaries. This process ensures all the deceased's debts are paid off and any remaining assets are distributed to the heirs as stipulated in the will, or in the absence of a will, according to Rhode Island probate laws.

Why You May Need a Lawyer:

Probate process can be complex and time-consuming, particularly if there's a dispute over the will or if the deceased died intestate (without a will). Hiring a lawyer is beneficial in ensuring the probate process goes smoothly. Additionally, a lawyer can provide invaluable assistance when dealing with complicated issues related to estates, such as tax responsibilities, identification and valuation of assets, litigations or disputes amongst heirs.

Local Laws Overview:

In Providence, United States, probate laws are governed by Rhode Island state laws. For estates that include real estate and personal properties worth less than $100,000, probate can be simplified. If a will is in place, it must be filed with the Providence County probate court even if no probate will be necessary. If there's no will, the Rhode Island probate laws outline the order of inheritor proceedings - starting with the spouse, then the children, and so forth. If taxes are owed, they must be paid before assets can be distributed to heirs.

Frequently Asked Questions:

1. Do all assets have to go through probate?

No. Assets that are jointly owned or have assigned beneficiaries (like insurance policies or retirement accounts) do not have to go through probate. Individually owned assets and assets not designated to any beneficiary in a will must go through probate.

2. How long does the probate process take?

The duration of the process can vary from few months to over a year depending upon the complexity of the estate, existence of a valid will and any proceedings or disputes amongst heirs.

3. What if there's no will?

If the deceased did not leave a will, the estate will be distributed according to Rhode Island's laws of intestacy, which provide a sequence of people who can inherit, usually starting with the spouse and children.

4. Can I manage the probate process myself?

Yes, but to navigate through legal formalities and potential disputes, hiring a professional is advisable.

5. Are there taxes owed on the inheritance?

Rhode Island does not have an inheritance tax, but there may be federal estate taxes depending on the value of the estate.

Additional Resources:

For more information, consider contacting the Providence Probate Court, the Rhode Island Bar Association, or use online resources like the American Bar Association or Legal Services Corporation’s website for a broader understanding of probate laws and procedures.

Next Steps:

If you need legal assistance in Probate, consider hiring a local probate lawyer. Interview multiple lawyers, understand their fee structure, and choose one that best fits your needs and budget. Further, ensure to provide your attorney with all necessary documents such as copies of the will, death certificate, asset documentation, etc. to start the proceedings effectively.

Lawzana helps you find the best lawyers and law firms in Providence through a curated and pre-screened list of qualified legal professionals. Our platform offers rankings and detailed profiles of attorneys and law firms, allowing you to compare based on practice areas, including Probate, experience, and client feedback. Each profile includes a description of the firm's areas of practice, client reviews, team members and partners, year of establishment, spoken languages, office locations, contact information, social media presence, and any published articles or resources. Most firms on our platform speak English and are experienced in both local and international legal matters. Get a quote from top-rated law firms in Providence, United States - quickly, securely, and without unnecessary hassle.

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.