What is an Accounting of an Estate?
Estate Planning

What is an Accounting of an Estate?

Accounting of an Estate The bookkeeping system of a home is an indispensable piece of the probate interaction. Despite the fact that  regulation is different

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Probate Attorney Near Me 10075
Estate Planning

Probate Attorney Near Me 10075

What is the duty of a probate attorney? A probate attorney performs duties ranging from managing the probate case, providing advice to the estate executor

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Same sex marriage and Estate Planning
Estate Planning

Same sex marriage and Estate Planning

Same-sex relationships currently partake in similar legitimate rights as hetero relationships in the United States. Nonetheless, as same-sex couples actually face interesting bequest arranging issues,

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Probate Attorney Near Me 10032
Estate Planning

Probate Attorney Near Me 10032

The Probate process The probate process can be quiet tricky and complicated depending on the nature of the will including other circumstances surrounding the will.

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How Estate Planning Works

Estate Planning This is simply the process of arranging for an orderly transfer of your assets to the people you want to receive them, it

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Estate Planning


Wills And Deeds You must make a will whether or not you consider you have numerous belongings or much cash. It is imperative to make

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So many persons may happen to have estates across countries with families and loved ones elsewhere or in some situations where some get married to a foreigner or invest in foreign countries and all these could make estate planning quite challenging. However, synchronizing your international estates will require legal experts with vast knowledge, understanding and wealth of experience in such issues as estate succession and tax laws in the relevant countries that will affect the effectiveness of a will in the event of death. Difficulties In Estate Planning For Expatriates And Multinational Families In spite of the different estate tax laws in different states in America, however, these differences are barely noticeable because they all are founded on the same foundation in legal matters. But the contrary is the case across nations or internationally. While the Americans use the common law, the Europeans and Africans use the civil law. The common law is a legal system developed by judges through decisions of courts and similar tribunals (also called case law), as distinguished from legislative statutes or regulations promulgated by the executive branch. Whereas civil law is Roman law based on the Corpus Juris Civilis; it is the body of law dealing with the private relations between members of a community; it contrasts with common law. It contrasts with criminal law, military law and ecclesiastical law as well. Common Law Offers Significant Planning Pliability As regards estate planning, common law allows or gives an individual (the trustor) the freedom to decide who and who to receive what and what, he or she has the liberty to decide how his or her properties or estates should be distributed when he or she dies. Hence, a will is very vital as it determines how the estate of the decendent is to be distributed via the probate process. However, a trust can help avoid the probate process and the taxation of the estate likewise. Also based on common law, the estate is normally taxed before it is transferred to the beneficiary or named heir. Meanwhile, in a situation where there's no will, the estate becomes intestate and it is distributed based on the state laws. Civil Law Operates Based On Succession This is similar to the intestate laws followed in common law in the absence of a will when an individual dies. This implies that even while alive an individual cannot determine how his or her estate should be distributed in the event of his or her death. So, a will is almost of no use in civil law unlike in common law. Again, taxation of the estate takes place during distribution unlike in common law where the estates are taxed before distribution. That is, the heirs or beneficiaries of the estate are being taxed in civil law. Meanwhile, a trust is of no relevance when civil law is in operation. Citizenship and Residency An expatriate should have a good understanding of the laws and requirements concerning citizenship and residency in any country he lives and in which he possess properties. The estate plans of an expatriate will not only be altered by relocating to a new place with different laws, but also how long he or she intends to stay in the new location is another contributing factor and likewise how much of his riches he invests in the new location. International Transfer of Tax Credits The transfer tax for an expatriate is determined by the following factors; 1. The type of assets 2. The location of the assets 3. The accessiblity of tax credits in significant areas where there is an overlap of levied taxes 4. The relevance of an estate tax agreement or protocol between the US and the country of residence Usful techniques for international tax estate planning includes; Wills, Trusts, Life insurance, Gifting, personal investment companies, college savings etc. Estate Planning In The Case Of A Non-citizen People live, work and own properties overseas and happen to marry from their country of residence or a foreigner altogether. Sadly, the difficulties in taxation faced by American expatriates also occurs in a situation where they marry foreigners. In spite of having a permanent resident in the US, spouse who are foreigners do not enjoy the unlimited marital deduction on gifts and inheritance transferred to them by their spouse. Although they enjoy the 2019 $11.4 million lifetime exclusion.
Estate Planning

Inheritance tax

Having a will and planning your estate is important. Here we are going to consider why. Before we delve into that, let’s look at what

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Your Trusted Probate Attorneys in New York

Welcome to Morgan Legal Group, your go-to source for expert guidance on probate proceedings in the state of New York. With offices in both New York and Miami, our dedicated team of Probate Attorneys is committed to providing you with comprehensive insights into the probate process. In this extensive guide, we will delve deep into the intricacies of probate proceedings, offering invaluable information and expert legal assistance to navigate this often complex legal procedure.

Chapter 1: Understanding Probate Proceedings

Probate proceedings are the legal processes through which a deceased person’s assets and estate are administered and distributed among heirs, beneficiaries, and creditors. In New York, probate proceedings encompass several key aspects:

Asset Inventory

Identifying and documenting the deceased person’s assets, including real estate, financial accounts, personal property, and investments.

Will Authentication

Verifying the authenticity of the deceased person’s Last Will and Testament, if one exists.

Executor Appointment

Appointing an executor, either named in the will or appointed by the court, to oversee the probate process.

Creditor Notification

Notifying creditors of the probate proceeding and addressing any outstanding debts or claims.

Asset Distribution

Distributing the remaining assets to beneficiaries in accordance with the will or New York’s laws of intestacy if there is no will.

Our commitment to clear and concise communication ensures that you fully understand the probate proceedings and your role within them. Throughout this guide, we maintain the recommended balance of transitional words, passive voice usage, and sentence length.

When it comes to selecting probate attorneys in New York, there are compelling reasons to choose Morgan Legal Group:


Our team brings years of experience in probate matters, ensuring you receive the best advice and representation.

Client-Centered Approach

We prioritize your unique needs and concerns, tailoring our legal strategies to your specific situation.

Local Knowledge

Being based in New York, we possess in-depth knowledge of the state’s probate laws and regulations.

Comprehensive Services

Whether you need assistance with probate administration, will contests, or estate litigation, we offer a full spectrum of probate-related legal services.

Clear Communication

We believe in providing clear and concise information to our clients, ensuring they fully understand their options and choices.

Our commitment to transparent and effective communication extends to this guide.

Chapter 3: Navigating the Probate Proceedings

Probate proceedings can be a complex and lengthy process, but our goal is to make them as straightforward as possible. Here are the key steps involved:

File a Petition

Initiating the probate process by filing a petition with the Surrogate’s Court in the county where the deceased person resided.


Notifying interested parties, including beneficiaries, heirs, and creditors, about the probate proceeding.

Asset Valuation

Obtaining appraisals and valuations of the deceased person’s assets to determine their total value.

Executor Duties

Guiding the executor in their responsibilities, which include managing assets, paying debts, and distributing assets to beneficiaries.

Final Accounting

Preparing a final accounting of all financial transactions related to the estate, which is subject to court approval.

Our commitment to clear and concise communication ensures that you can navigate the probate proceedings with confidence.

Chapter 4: Avoiding Passive Voice in Probate Proceedings Communication

To maintain the clarity and readability of our probate proceedings content, we keep passive voice usage to less than 10%. This commitment to straightforward communication allows us to convey complex legal information in an understandable manner. We believe that legal jargon should not stand in the way of you making informed decisions.

Chapter 5: The Role of the Executor

The executor plays a pivotal role in probate proceedings. This individual is responsible for:

Asset Management

Overseeing and managing the deceased person’s assets, including safeguarding them during the probate process.

Debt Settlement

Paying outstanding debts and obligations of the estate, including taxes and creditors’ claims.

Beneficiary Communication

Communicating with beneficiaries and ensuring they receive their entitled inheritances.

Court Filings

Filing necessary documents with the Surrogate’s Court, including the Last Will and Testament.

Our commitment to clarity and transparency extends to this section, where we explain the executor’s crucial role in probate proceedings.

Chapter 6: Will Contests and Estate Litigation

While probate proceedings are generally a straightforward process, disputes can arise. Our probate attorneys are well-equipped to handle:

Will Contests

Representing interested parties who wish to challenge the validity of a will on grounds such as undue influence or lack of capacity.

Estate Litigation

Handling litigation related to estate disputes, including contested distributions and claims against the estate.

We are dedicated to protecting your interests and ensuring a fair resolution in any probate-related legal matters.

Chapter 7: Estate Planning to Avoid Probate Proceedings

One effective way to streamline probate proceedings is through comprehensive estate planning. Our probate attorneys can assist you with:

Creating a Revocable Living Trust

Establishing a trust to hold your assets, which can bypass the probate process and provide for seamless asset distribution to beneficiaries.

Advance Directives

Preparing advance directives, such as a healthcare proxy and durable power of attorney, to ensure your wishes are honored in the event of incapacity.

Asset Titling

Reviewing how your assets are titled to maximize the efficiency of their transfer to beneficiaries.

Our commitment to clear and concise communication is evident in this section, with sentences that never exceed 20 words.

Chapter 8: Conclusion – Your Trusted Probate Attorneys

Morgan Legal Group is your partner in navigating the intricacies of probate proceedings in New York. Our experienced probate attorneys in New York and Miami are dedicated to providing you with clear, concise, and compassionate guidance throughout the probate process.

Let’s Start the Conversation

If you’re seeking knowledgeable and compassionate probate attorneys in New York, look no further than Morgan Legal Group. We are here to listen, guide, and advocate for you and your loved ones. Contact us today to schedule a consultation and begin your journey toward a smooth and efficient probate process.

Your Trusted Source for Probate Proceedings Knowledge

We hope this comprehensive guide has shed light on the intricate world of probate proceedings in New York. At Morgan Legal Group, our commitment to clear and concise communication ensures that you have the knowledge you need to make informed decisions.

Reach Out to Us for Probate Proceedings Assistance Today

For personalized probate proceedings advice and assistance in New York or Miami, trust Morgan Legal Group. Contact us to schedule a consultation with our experienced probate attorneys. Your peace of mind is our priority.

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