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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 prepared for eventuality of your death by creating a last Will, then you need not worry about the intestate distribution of your assets. The surrogate court would ensure that your wishes properly outlined in your last Will is adequately followed. More importantly, the probate process is quicker and easier.

However, when you don’t have a Will, intestacy is the only way for your family or other relative to get your asset. Since you are no longer alive and cannot decide who get what, the court takes it upon itself to distribute your properties. This is achieved through intestacy succession in New York. Every state just like New York has tits rule for intestacy succession (distribution of a decedent asset without a Will). The rule decides who get the decedent asset first before others and what percentage would be allocated to everyone eligible to the estate.

How is intestate administered?

The process of intestacy administration is quite the same in every other state. Here is the process of intestacy administration:

To begin the intestacy process, a relative of the deceased initiate a case in a probate court.

For a decedent with Will the estate’s executor or personal representative assigned by the decedent initiate probate proceedings in a surrogate court. This is usually the first step in implementing an estate plan.

Since there’s no Will, the court assigns an administrator to oversee the intestacy process. Rather than assign an executor, a family member or heir of the deceased is appointed as administrator.

The first task of the administrator is to identify and gather all the decedent assets, estate, bank accounts, business, retirement etc. Typically all the possessions of the deceased will be needed before intestacy can be implemented.

Also, the administrator is required to identify the decedents closest relative and heir. The decedent’s creditor would at this point be notified.

Payment of the debts and taxes owed by decedent.

The administrator is responsible for raising the funds to pay the debts. Through liquefying, selling some of the estate assets, cash is made to pay taxes and debts owed by the decedent. Also, cost such as accountant and attorney fees incurred during the process (estate administration) must be paid.

all debt must be paid before final distribution of the deceased estate properties.

The court then gives the administrator the nod to share the remaining estate properties among the heir according to the intestate successions of New York.

How long does intestate take?

Typically in New York, intestacy administration takes about 1 -2 years. This process is quite lengthy and can be very cost ineffective. The administrator will at every stage of the succession report to the court on progress made before the court gives a go ahead to implement the plan. Usually, the heirs together with the appointed administrator will need to attend the court hearing, and be informed of progress. All these add up the time for intestacy succession to be completed.

Intestacy succession is not the best way to have your estate properties shared. Even while the state tries to make the process less complicated and terrible, you still won’t have your estate shared the way you’d want it. It is better to make estate plans rather than leave your beneficiaries to this ineffective process. Contact an estate planning attorney near your today to create necessary estate documents.

Note: Since the first mistake of not making estate plan has been made, you don’t need to make anther costly mistake. Rather than have someone incompetent act as an administrator in the intestacy administration, you could ask the court to allow you get an estate attorney. The attorney would be professional enough to help you with necessary document and paperwork. For your convenience, contact an estate planning attorney near you. 

Implication of a Will Vs. No Will.

If you have created a Will, be assured that your wishes on how you would like to share your assets to beneficiaries will be implemented. Even while you are not alive, a surrogate court will still uphold this desire.

However, when you die without an estate document or a Will, then there’s no way a court will know what your desire are; as such your estate will be subjected to intestacy law in New York. The intestacy law uses a form of hierarchy to distribute deceased assets to surviving relatives.

Contact an estate planning attorney near you

Simple mistakes can ruin estate plans; as such you need an expert capable of making suitable and approbation estate plans and documents. Contact our estate planning attorney near you today, 11103, New York to guide you through the process estate plan documents. We handle your estate plans with professionalism and confidentiality.

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