FEATURES & NEWS

Trust and Estate Litigation
PRACTICES

Trust and Estate Litigation

All About Trust and Estate Litigation in New York Welcome to Morgan Legal Group P.C., your trusted source for a comprehensive guide on Trust and

Read More »
Estate Planning Attorneys 14203
Estate Planning

Estate Planning Attorneys 14203

Get expert estate planning services in Buffalo, NY by calling us today. Our estate planning attorneys 14203 serving Buffalo are ever ready to assist you

Read More »
Living Trust Long Island
Estate Planning

Living Trust Long Island

Before talking about living trust Long Island, let us first discuss what a trust is. A trust is a legal agreement between the creator (known

Read More »
international immigration lawyer NYC
immigration

International immigration lawyer NYC

Immigration Lawyers Near Me The immigration lawyer is an exclusive kind of lawyer who is in cost of complicated instances, like issues associated with immigration,

Read More »
Trust Administration
Estate Planning

Trust Administration

Trust Administration Services A confidence administration legal professional is a criminal professional who manages the administration of trusts. A have faith administration legal professional will

Read More »
Special Needs Planning
PRACTICES

Special Needs Planning

Comprehensive Guide to Special Needs Planning in New York Your Trusted Source for Special Needs Planning in New York City – Morgan Legal Group P.C.

Read More »
New York State Probate Rules
Estate Planning

New York State Probate Rules

NYS PROBATE RULES Probate is vital in New York when it comes to assessing your estate plan in its final concerns. It is the interaction

Read More »
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

Read More »

DYING WITHOUT A WILL

A will is a document that explains what your final wishes are pertaining to property, who the guardian of your children would be and other important ownership after the passing of the individual. Without this, your entire family would have to deal with all the decisions with who gets what which is already difficult and many cases that aren’t cheap. A will is very important to make things organized and less strain on everyone in the family tree. Look at frequently asked questions for more important information related to this topic and to see how important it is to get a will.

What You Can Do

Things you should provide is to assign an executor and a trustee. Put any accounts like investments, bank information, etc on the Will and assign to who obtains it. You need to also make sure you have guardianship if you have children to other guardians who you are close with. Also ask what type of healthcare you want and other information for your lawyer to get the best service.

With all these things that secure safety of everything you list on the Will, your family can have an easier time with going through any conflict that could of happened if you didn’t prepare a Will. It’s only a few fees towards the lawyer but all worth it for a less strain experience.

FAQ:

1. Where can I store my will?

You should store the will in a kind of file cabinet or a safe but should be fireproof in case of a possible fire within the estate. You would have all the documents you need to save your money from this sort of incident. A safe deposit box should be avoided because your bank can limit access to the account after your death. At least one person you trust should know where your will is or file it with the Register of Wills but will hold them responsible as a representative unless announced in the will itself. Most important is that the will must be in an envelope.

2. Who may be appointed to handle an estate proceeding?

In a will, it’s whoever the executor is, but if there is no will, a person who qualifies to be responsible will serve as an administrator. Then either executor or administrator will handle the estate proceeding.

3. How does the Executor admit a will to probate?

The executor must file the will and a legal copy of the decedents death certificate with the probate petition. Any other related documents pertaining to the former owner’s residence. With all this there is a filing fee and the total sum depends on the size of the estate.

4. Should I make a copy of my Will?

Do not make more than one signed and witnessed original of your will. You may, however, give an unsigned copy to your proposed personal representative and your spouse, friends or children.

5. How do I get a copy of a death certificate?

You can get your death certificate either at the funeral director, the Vital Statistics/Death Records Department in the district of death, or you can even contact someone in the Department of Health.

6. Can an irrevocable trust be amended?

One thing you can do by is to remove assets you’ve written within the trust. You will still have the trust on file but it’ll be one that is empty. There’s also booking an appointment with the court through a trustee since he or she is responsible for making any adjustments as well in the trust even if it’s irrevocable. As long as there’s a good reason for the modification.

7. How long do you have to work to collect unemployment in NY?

According to the official ny.gov website, you need to be working for at least a month and in file at least $2,700 in wages.Your base period also needs to be higher than your quarter wages.

8. Should my spouse and I file a joint tax return?

When filing a joint tax return you have an easier time with filing taxes and you have a deduction of fees included. With separate accounts you and your spouse would have to do your own paperwork. With a joint tax return things would be much easier and you can save money.

9. Can I collect unemployment if I go to school?

To receive unemployment you need to document that you’re looking for work and enrolled in school to receive some benefits.

10. Where Do I Keep My Will?

You should store the will in a safe but should be fireproof in case of a possible fire within the estate. You would have all the documents you need to save your money from this sort of incident. A safe deposit box should be avoided because your bank can limit access to the account after your death. At least one person you trust should know where your will is or file it but will be responsible as the representative unless announced in the will itself. Most important is that the will must be in an envelope.

Most Popular: