Best Probate Lawyers in Sherman Oaks
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List of the best lawyers in Sherman Oaks, 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 Sherman Oaks, United States:
Probate is the legal process through which a deceased person's assets are distributed and debts are paid. In Sherman Oaks, United States, probate is overseen by the local court system to ensure that the deceased person's estate is handled properly.
Why You May Need a Lawyer:
There are several reasons why you may need a lawyer for probate matters, including: - If the deceased person did not have a will - If there are disputes among family members over the estate - If the estate is complex and involves various assets - If you are unsure of your rights and responsibilities in the probate process
Local Laws Overview:
In Sherman Oaks, United States, probate laws dictate how an estate is distributed based on whether the deceased person had a will or not. The court will appoint an executor to handle the estate, and creditors must be paid before beneficiaries receive their inheritance. It is important to follow the specific procedures outlined in the local laws to ensure that the probate process goes smoothly.
Frequently Asked Questions:
1. What is probate?
Probate is the legal process through which a deceased person's assets are distributed and debts are paid.
2. Do all estates have to go through probate in Sherman Oaks?
Not all estates have to go through probate in Sherman Oaks, but it is usually required for estates with assets over a certain value or if there are disputes among beneficiaries.
3. How long does the probate process typically take in Sherman Oaks?
The probate process in Sherman Oaks can take anywhere from a few months to a few years, depending on the complexity of the estate and whether there are any disputes.
4. Do I need a lawyer for probate in Sherman Oaks?
While it is not required to have a lawyer for probate in Sherman Oaks, it is recommended, especially if the estate is complex or if there are disputes among family members.
5. What happens if someone contests a will during probate in Sherman Oaks?
If someone contests a will during probate in Sherman Oaks, the court will hold a hearing to determine the validity of the will and make a decision based on the evidence presented.
6. Can I challenge the appointment of an executor in Sherman Oaks?
Yes, you can challenge the appointment of an executor in Sherman Oaks if you believe they are not fit to handle the estate or if there is a conflict of interest.
7. Are there any taxes that need to be paid during probate in Sherman Oaks?
Yes, there may be estate taxes that need to be paid during probate in Sherman Oaks, depending on the value of the estate and the federal and state tax laws.
8. Can I sell real estate during probate in Sherman Oaks?
Yes, you can sell real estate during probate in Sherman Oaks, but you will need the court's approval and must follow the specific procedures outlined in the local laws.
9. What happens to debts during probate in Sherman Oaks?
During probate in Sherman Oaks, the deceased person's debts must be paid before the beneficiaries receive their inheritance. Creditors have a certain amount of time to make a claim against the estate.
10. How can I find a reputable probate lawyer in Sherman Oaks?
You can find a reputable probate lawyer in Sherman Oaks by asking for recommendations from friends or family, conducting online research, or contacting your local bar association for referrals.
Additional Resources:
For more information on probate in Sherman Oaks, United States, you can visit the California Courts website or contact the Los Angeles County Probate Court for guidance and resources.
Next Steps:
If you are in need of legal assistance for probate matters in Sherman Oaks, it is recommended to consult with a qualified probate lawyer who can guide you through the process and ensure that your rights are protected.
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.