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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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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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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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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

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 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

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 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 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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Estate Litigation
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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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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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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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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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Why Estate Planning for Minors is Important?


When it comes to estate planning, many people avoid the idea of thinking that their assets are not adequate which needs to be protected. This thought is quite common among young couples who currently want to amass money and will plan their estate later. However, while doing so, they fail to establish the estate plan and hence fail to protect their children’s future. Hence, it becomes the duty of all the parents that whatever be their assets, plenty or not, they must plan their estate to secure their children’s future which apart from normal assets transfer includes the nomination of a guardian.

The New York inheritance law forbids a minor child (Below 18) from directly inheriting and taking control over money and property. If a child is minor when he/she inherits money left as per a last will and testament, then the child is not capable of legally assuming the ownership. If there wouldn’t be any plan to decide how the money and property will be appropriately managed on the child’s behalf, the court holds the authority to appoint a guardian to do so.

Estate Planning for Minors-

The guardian is responsible to take care of the child along with the assets up to the time when the child reaches adulthood i.e. attains the age of 18. Keeping in mind to spend the wealth in the interest of the child, the guardian is required to keep the court updated on regular basis of when, where and how the assets are being spent. When the child reaches the age of 18, the inheritance is acquired by the child, however, if the assets are adequate one then it becomes difficult for the 18-year-old to manage it responsibly.

Below are some points to be taken care of while planning your estate considering minor children:

1. Appoint a guardian:

In New York, it is mandatory to nominate a guardian in a will even if your estate planning is a living trust based. However, if there is not any guardian mentioned in the will, then the court will appoint one to raise your children. The court can’t decide the best-suited guardian from a few court hearings for your children as that would appear to be in your children’s interest and hence you need to ensure doing it.

The process of the nomination of a guardian in a will is very difficult as various aspects are to be taken care of while doing so which includes:

  • Guardian should be of such an age that he/she can take responsibility while simultaneously being in good health until the children become adult to meet their physical demands.
  • His/her willingness to take the responsibility.
  • His/her existing bond/relationship and comfort level with your children.
  • Person’s temperament so that you are assured that he/she would be patient enough with your children to meet their emotional demands.
  • If his/her religious beliefs are similar to yours or not. If not, then will they instil your religious beliefs in your children.
  • He/she must reside nearby you and is not migrating in the future until your child reaches adulthood.
  • His/her existing family and living situation and you are assured that he/she will maintain relationships with both sides of the family.


It is always advised to keep one or more alternate guardians so that in case if any of the two is unable to act as guardian at that time, you have the other available for your children’s protection. Also, you should revaluate your nominees for guardian at an interval of 2-3 years considering the life changing events taking place in the person’s life like death, disability, child birth, divorce etc. However, the court holds the ultimate power to approve the guardian for your children, it would consider your nominee first and if they are unfit due to any reason, the court is going to appoint one for them.

2. Buy life insurance:

Raising children is very expensive, thus you need to plan everything so that you never run out of funds. If either of the parents dies, life insurance ensures that the other never run out of funds while providing for the surviving children. And in case both the parents die, life insurance can be used to raise the child or to fund the cost of a college education. You must opt for such insurance that is affordable and provides long term coverage so that your child will be provided with funds until he/she reaches adulthood and become financially independent. However, ensure that your beneficiary must be updated according to your wish.

3. Set up a Trust:

Another way is to create a trust which should be designed to manage and protect the inheritance of your children until they reach adulthood. Through the trust, you can decide what sum of money your children will get according to the children’s age or a certain milestone achievement in children’s life like going to college, getting married, buying a house, etc., the age when they will inherit their assets and also a guideline of how they can expand the money. Through the trust you can assign their educational funds, prohibit the spendthrift habit of the children, and also designate a trustee to ensure financial management. The trustee can be same or different from the nominated guardian in your estate plan.


Trusts are recommended as it assures you that you have a greater control on your children’s future. Also, you can assign expenses of your spouse so that if he/she remarries or isn’t smart enough with expenditure, your children will be protected. If in case, your child is a special one then you can also outline how to assign funds for the child as the child may need care even after being adult.

Children are your biggest assets and their future is totally in your hand. Though you don’t want to leave them, however, no one knows what the time brings in for you and your children. Hence, we would advise you to go for estate planning for the future of your children.

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