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At the Morgan Legal Group PC, our focus is tailored to each client’s specific needs and requests. Our team of trained professionals can handle complex legal matters and take pride in providing qualitative personalized service. In addition, unlike many large assembly-line law firms, the client gets to speak to an attorney whenever they have a question.

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important things you should know

Questions And Answers

It is a widespread misconception that not everyone has an Estate. Every individual will have an Estate that will be determined at their date of death and will be comprised of all property they own. For example, this will include belongings such as a bank account(s), a car, some piece of jewelry, real property, and any other tangible or intangible property.

Estate planning purports to plan, arrange and organize one’s distribution of property (also called “assets”) at their date of death or upon an event. In other words, Estate planning consists of deciding in advance and determining what part of your property you will give and to whom. Obviously, Estate planning must be thought as a whole in order for the client to get the best of his property while legally reducing the amount of taxes, legal fees and court fees.

Estate planning allows an individual to determine who will benefit from their estate, who will obtain a specific portion of their assets, and to what extent. It purports to plan, arrange and organize one’s distribution of their property while strategically ensuring that the estate will not suffer from taxes or other claims which may burden the estate upon one’s date of death.
In addition to preventing disputes and burdening taxes, Estate Planning’s primary purpose is to encourage individuals to foresee in advance and resolve the potential risks or events that will undeniably occur. For example, death or illness.

Estate planning and Will planning are very different methods to get the best out of your assets in the future, although they are complementary and work together. Drafting a Will is an estate planning process, while Estate Planning can be achieved by drafting a will and using other tools such as a Power of Attorney, a Trust, and a Healthcare Proxy. Estate planning and Will planning each purport to set clear instructions to the court or your fiduciary regarding how your assets are. Will be distributed upon your death, but estate planning can go even further by resolving questions to come in the future regarding your health, finances, incapacity, and your living conditions.

It depends on your needs, objectives, and goals. Both a Will and a Trust Agreement are estate planning tools, but they serve different purposes. If they can work together or refer to one another in a logic of general estate planning, a Will and a Trust agreement remain very separate documents with significant differences.
The most apparent difference between a Trust and a Will is that a trust is effective upon its duly execution, as the grantor is alive. At the same time, the last will has effect only upon a testator’s death and proper probate proceeding.

If an individual dies without a Will, their property has to be distributed and passed as per the state’s laws of intestacy where the decedent was permanently residing before his death. For example, in New York State, if a decedent who died without a Will had a spouse and children, the spouse will be entitled to a portion of the decedent’s estate. Under such circumstances, the spouse will receive $50,000 in assets and half of the estate, while the decedent’s children will get the other half to be divided among them. If the decedent had a spouse but no children, the spouse will be entitled to the entirety of the estate.
If the decedent had no living children or spouse, his estate will pass to his grandchildren. Absent grandchildren, the decedent’s estate will be distributed to his parents. If the decedent’s parents are not alive, the decedent’s property will pass to the decedent’s siblings or their children…etc.

The cost of estate planning can vary based on your needs, objectives, financial situation, and attorney’s expertise. Therefore, your attorney needs to evaluate these factors before setting a price for the drafting and execution your Estate Planning documents.
Attorneys at Morgan Legal Group P.C. offer a free initial consultation to precisely assess your needs and discuss the cost of your Estate Planning.

If set and drafted correctly, a trust instrument offers several advantages by an experienced and specialized attorney. For example, a trust enables you to decide how your assets will be distributed before or after your death; it allows you to significantly and legally reduce applicable taxes such as gift taxes. In addition, it will enable you to protect your assets generally and let you name a person of trust (a fiduciary or trustee) who will manage your investments for you and under the directions set in your faith.
In other words, having a Trust can benefit you in many different yet effective ways.

Often, our clients are confused about the probate proceedings, their purpose, and why it is always required when a person dies having a last will. Probate refers to the legal proceeding commenced after a person who had a Will passed. The purpose of the probate proceeding is to obtain a Court’s confirmation that the decedent’s Will is valid, properly executed, and attests that the decedent was competent when making their decisions to distribute their property to designated individuals.
As well as establishing the validity of the Will, a probate proceeding will confirm that the nominated executor is authorized to act as the executor of the estate.

The purpose of the probate proceeding is to obtain a Court’s confirmation that the decedent’s Will is valid, properly executed, and attests that the decedent was competent when making their decisions to distribute their property to designated individuals.
As well as establishing the validity of the Will, a probate proceeding will confirm that the nominated executor is authorized to act as the executor of the estate.

Yes, absolutely! Probate would be a required and mandatory step if the decedent executed a Will before their death. If there is a Will, there will necessarily be a probate proceeding before the Surrogate’s Court even if the Will is not contested or appears unambiguous on its face and sets clear directives. The named Executor is immediately ready and available to follow.
Whether your Will is poorly drafted and extracted from an internet website or whether a brilliant attorney drafts it, it will necessarily be subject to a probate proceeding!

It depends on your needs, objectives, and goals. Both a Will and a Trust Agreement are estate planning tools, but they serve different purposes. If they can work together or refer to one another in a logic of general estate planning, a Will and a Trust agreement remain very separate documents with significant differences.
The most apparent difference between a Trust and a Will is that a trust is effective upon its duly execution, as the grantor is alive. At the same time, a last will have effect only upon a testator’s death and proper probate proceeding.

It is essential to understand that a Will and a Trust are two distinct, separate legal documents with different objectives and purposes. However, they can be part of the same Estate Plan and functional together. Many of our clients ask us whether a Trust overrides a Will. Our simple answer is that Trust (specifically a revocable trust) is established during the settlor’s lifetime and is effective immediately upon its execution by the settlor. Trusts are effective before the decedent’s death, while a Will is only effective upon the decedent’s death. Thus, the Trust precedes when there is a conflict between a Will and a Trust.

A particular type of will called a “Pour-over Will” works simultaneously with a Trust instrument which refers to it. When the grantor who created the Trust failed or omitted to transfer some of their property to the Trust as they should have, a Pour-over Will gifts the remaining property specifically to the Trust, covering all estate assets in the Trust.
This type of Estate Planning can be of great utility.

Estate Planning Consultation

Planning consultation with estate planning attorney

Will Package

New York Will Package and Health Care Proxy and Power of Attorney for Seniors

Estate Probate

For individual who passed from Covid

Power of Attorney consultation

Will Initial Will review by lawyer in person or by video consultation