Estate Planning and Probate Attorney/Lawyer in New York
Morgan Legal Group PC is the Leading Estate Planning Probate Attorney in Albany, NY
The Morgan Legal Group Probate and Estate Planning Attorneys in Albany, NY is here to assist you with any concerns
important things you should know
Questions And Answers
There could be a lot of contributing factors that can affect the cost of your estate planning. It will vary depending on your needs, your financial capabilities and other legal fees that you may have to pay. Your estate planning attorney will be able to digest, compute and summarize the cost of your estate plan.
Contact the Morgan Legal Group P.C. in Albany to have your initial consultation with an estate planning attorney for free. We will ensure that you will get a comprehensive estate plan that is in line with what you need.
In the absence of a Will, the deceased’s properties and assets will be distributed among his or her heirs. This of course will depend on the level of kinship of the heirs. In Albany, the immediate family members like the spouse and children will share what is left by their loved one. Usually the wife or husband will be receiving $50,000 of the deceased’s assets and half of the estate, the rest will be distributed among the children.
Should there be an absence of a wife, husband or children, the left estate will be distributed among the grandchildren. The parents of the deceased will be receiving the estate if all of the mentioned are absent and the deceased siblings or their children will inherit what is left in the absence of the parents.
The probate process, its purpose, and why it is always necessary when a person dies without a Will is often confusing and can leave you in a sense of loss. Probate is the legal process that follows the death of a person who left a Will. The goal of the probate process is to get a court to validate that the deceased’s Will is authentic, correctly signed, and attests that the dead person was of sound mind while making decisions as to how to redistribute his or her estate.
A probate procedure will certify that the administrator of the will is allowed to serve as the executor of the estate, in addition to confirming the legality of the Will.
Every Will created is subject to probate. If the deceased has completed a Will ahead of his or her demise, probate is a necessary and mandatory step. Even if the Will is not opposed or if it appears extremely clear on its surface and specifies specific guidance that the nominated Executor is immediately able to comply with, a probate procedure before the Surrogate’s Court is required.
Whether your will was ill prepared or was prepared by a particularly good attorney, it will ultimately be subject to probate.
Trusts and Wills have different functions and are two different pieces of legal document. A trust usually has a specific time and date to be executed and the person that created the trust can still be alive when the trust is enacted. On the other hand, a Will will only be read once the person who created it dies.
It is best to reach out to one of the seasoned will and trust attorneys at Morgan Legal Group to ensure that you get the best advice if you should create either a Will or a Trust.