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Estate Planning

Estate Planning for Minors

Estate Planning for Minors in New York At Morgan Legal Group, located in New York City, we specialize in estate planning, probate, guardianship, elder law,

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Estate planning at different ages
Estate Planning

Estate planning at different ages

Estate Planning at Different Ages At Morgan Legal Group, located in New York City, we specialize in estate planning, probate, guardianship, elder law, wills, and

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Probate litigation
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Probate litigation

Probate Litigation: New York Probate Lawyer Dealing with the loss of a loved one is challenging enough without the added stress of handling their estate.

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Inheritance Dispute
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Inheritance Disputes

Inheritance Dispute Lawyer in New York Inheritance disputes can be highly complex and emotionally charged, particularly when family members are involved. If a loved one

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Will contest
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Will Contest

Will Contest Lawyer in New York Challenging the validity of a will can be a complex and emotional process. At Morgan Legal Group, located in

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Guardianship Proceedings
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Guardianship Proceedings

New York Guardianship Proceedings Guardianship proceedings are crucial in protecting the rights and assets of incapacitated individuals. In many cases, an incapacitated person may fall

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Accounting

Navigating Estate Litigation and Trust Administration in New York Estate and trust administration issues can be complex, especially when dealing with asset accounting and managing

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Estate Litigation Law
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Estate Litigation Law

Expert Estate Litigation in New York with Morgan Legal Group Estate litigation involves numerous challenges, particularly when you’re coping with the loss of a loved

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Trust Reformation
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Trust Reformation

New York Trust Reformation Lawyer Trust reformation is a complex process that involves modifying a trust to correct issues and ensure it aligns with the

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Spousal right of election lawyer New York
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Spousal Right of Election

Spousal Right of Election in New York Understanding the spousal right of election is crucial for protecting the inheritance rights of a surviving spouse. At

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Real Estate Partition Action
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Real Estate Partition Action

Real Estate Partition Action Real estate partition actions can be complex and emotionally charged, particularly when multiple parties own property and cannot agree on its

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Protection of Beneficiary Rights
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Protection of Beneficiary Rights

Protection of Beneficiary Rights Ensuring the rights of beneficiaries is a critical aspect of estate planning and administration. At Morgan Legal Group, located in New

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Fraudulent Transfer Attorney
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Fraudulent Transfers

Fraudulent Transfer Attorney in New York Cases involving fraudulent transfers and undue influence in estate law can be complex and emotionally charged. These situations often

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Contested Powers of Attorney
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Contested Powers of Attorney

Contested Powers of Attorney in New York A power of attorney (POA) is a crucial document that grants legal authority to another party (agent) to

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Estate Litigation
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Estate Litigation

Comprehensive Estate Litigation Services by Morgan Legal Group At Morgan Legal Group, located in New York City, we specialize in estate planning, probate, guardianship, elder

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Real Estate Litigation
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Real Estate Litigation

Comprehensive Real Estate Litigation Services by Morgan Legal Group At Morgan Legal Group, located in New York City, we specialize in estate planning, probate, guardianship,

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Fireworks laws NY
Estate Planning

Fireworks Laws

Understanding Fireworks Laws in New York At Morgan Legal Group, located in New York City, we specialize in estate planning, probate, guardianship, elder law, wills,

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Family Law
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Family Law

Comprehensive Family Law Services at Morgan Legal Group At Morgan Legal Group, located in New York City, we specialize in estate planning, probate, guardianship, elder

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Divorce Practice
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Divorce

Understanding Divorce in New York Divorce is the legal dissolution of a marriage by a court. In New York, divorce can be complex, involving various

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What is Credit Life Insurance in New York 2024?
Estate Planning

What is credit life insurance?

What is Credit Life Insurance in New York 2024? At Morgan Legal Group, located in New York City, we specialize in estate planning, probate, guardianship,

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Life Insurance and Probate
Estate Planning

Life insurance and probate

Life Insurance and Probate: Understanding the Connection At Morgan Legal Group, located in New York City, we specialize in estate planning, probate, guardianship, elder law,

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How to make good estate plans
Estate Planning

How to make good estate plans

How to Make Good Estate Plans in New York 2024 At Morgan Legal Group, located in New York City, we specialize in estate planning, probate,

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The Importance of Estate Planning in New York
Estate Planning

Importance of estate planning

The Importance of Estate Planning in New York At Morgan Legal Group, located in New York City, we specialize in estate planning, probate, guardianship, elder

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If you live in Bergen County, New Jersey, then you need to consider estate planning. The most basic form of estate planning is writing a will, and this you can either do yourself or with assistance from an estate planning attorney, NJ. A last will and testament is a legal document that allows you to leave assets for your preferred family members, spouse, relatives, friends, loved ones, charity, after your death and in the manner you desire. New Jersey law allows you to even provide for your pets after you die. This instruction can be contained in a pet trust but if you do not want that, you can simply write down instructions on your will on the kind of care and provisions your pet should receive after your death.

Naming a Guardian

A will also allows you to name a Guardian for your kids who do not attain the age of 18 before you die. Children below 18 are legally not allowed in Bergen County, NJ to inherit property, so to ensure whatever you want really goes to them, you have to name a Guardian in your will who will manage the assets for your children’s benefit until they come of age.

Naming an executor

Your executor is the person who represents you when you die. He is called your personal representative and you should name him in your will. It is generally not advised to name a spouse or child as an executor because they would be overwhelmed with the grief of your loss, and the roles of an executor requires professionalism and straight-headedness. The executor is the one who sees to it that every instruction on your will is carried out, your debts and taxes are paid, and that your named beneficiaries receive what you want for them. All this your executor must carry out in a court-supervised legal process known as probate.

What is probate?

Probate is a court process carried out in your county after you die, for the purpose of administrating your estate and disbursing it to your beneficiaries or heirs. In Bergen County, if you write a will, then your estate must go through probate to ensure that the dictates of your will are carried out lawfully. Probate in Bergen County is often very complex and drags on for a long time, but there is a simplified probate procedure for small estates. If your estate is worth $20,000 or less and you name your spouse or domestic partner as the only beneficiary, then a simplified probate will be done. This will also be done if you have no surviving spouse or domestic partner and your estate doesn’t exceed $10,000.

What if I do not write a will?

If you do not write a will in Bergen County, NJ, then you are said to have died intestate. This means your estate will be disbursed according to the intestacy laws of New Jersey which provide that if you are survived by a spouse with no kids, the spouse receives the whole of your estate; if you are survived by kids with no spouse, the kids get everything; if you are survived by a spouse and kids, your estate is shared amongst them; if you leave behind family who are not blood relatives of your spouse, then they can have a share in your estate in the absence of kids. Perhaps you need to leave property for someone outside your family, and any of the above scenarios do not coincide with your wishes, you have to create a will to specify exactly who you desire to bequeath assets to.

Requirements for making a will in Bergen County

The following are the requirements for writing a Bergen County Last Will and Testament according to New Jersey law

  • The will must be in writing
  • You must be at least 18 years old
  • You must have mental soundness
  • The will must be signed by you or a person directed by you in your conscious presence

While writing and signing the will, you must have at least two witnesses who must also sign to acknowledge their presence.

 

These are legal requirements which must be upheld to make a will legally valid. If any of these instructions are violated, then the will is discarded by the court, and you will be said to have died intestate. It is often advisable to hire a Will and Trust Attorney or an estate planning attorney to help you draft your will and ensure it is devoid of costly mistakes. An estate planning lawyer from our estate planning law firm in Bergen County will also advise you on how to write your will in such a way that best addresses your personal wishes and avoids conflicts and headaches in your family when you die.

Contact our estate planning law firm Bergen County.

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