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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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P.O.A kinds are very crucial to understand because it enables the selection of the one that satisfies your needs best. There exist various kinds of P.O.A. Each kind of P.O.A has a purpose of obtaining estate planning goals set by ensuring your affairs are run appropriately by assigning a proxy to make decisions in circumstances you are not able to decide for your own. Various factors determine the differences between P.O.A kinds, they include; the proxy’s period to decide for you, the extent of the power given to a proxy, limited area of jurisdiction, etc. The kinds of P.O.A are as follows;

1.     A Durable P.O.A

A durable P.O.A proxy has powers to decide over your affairs in the event you are not in a capacity to decide, for example when suffering from dementia. To avoid confusion, it is important to note the period for the P.O.A proxy’s validity. Proxies are legally permitted to decide on essential matters like paying bills, handling investments, or even directing your medical treatment.

2.     Medical P.O.A

In a medical P.O.A, a proxy manages your medical care and decides on your wellbeing when you are in no position to decide on your own. Agents are also be referred to as health care surrogates. The agent works hand in hand with doctors to ensure the health care performed matches the wishes and needs as required. The agent is aware of the extent of extra means health care associates should apply to sustain your life. A living will effectively express your preferred health care wishes.

3.     Financial P.O.A

Financial matters are decided over by a financial P.O.A agent who has authority to handle your financial transactions, this may include, closing a deal concerning assets when you are not able to. It is important to note that an agent in P.O.A is not necessarily an ‘attorney’ as it directly suggests. It is rarely an attorney but a third party of your choice.

4.     General P.O.A

A general P.O.A grants proxies the authority to decide over your affairs to a greater extent allowed by the state of law. This may include being; managing fiscal matters, and personal affairs.

A general kind of P.O.A ceases to exist in the event you have regained the capacity to make decisions for yourself or upon your death unless it was indicated in the estate deed to be continuous. Despite the general P.O.A proxy having a high degree of authority over your affairs, certain matters are very personal for them to decide for you. This is among the designation of your beneficiaries etc.

5.     Springing P.O.A

Springing POA comes into effect only when a certain situation comes to pass. The said situation is referred to as incapacitation in estate planning. It, therefore, means that a proxy in this type of POA only decides for you upon the confirmation of your incapacity state. This type of POA can be very risky as your affairs might be handled in a manner you never wished them to be handled while your associates try to prove your incapacity state for each person may have their definition of incapacity.

FAQS

1.     Can a proxy for a P.O.A allow me to effect changes in my will?

Depending on the purposes of hiring a P.O.A proxy, your Will deeds can be altered or maintained. In an event where you’re rendered incapable of managing your affairs on your own, you won’t be able to change your Will, it might be maintained in the state it is and no new Will can be designated for your sake, instead the estate passes through probate in case you die intestate.

2.     Is P.O.A important?

 Having a POA is vital as it ensures effective management of your affairs in the event you are not able to make decisions over them. It might be fiscal or personal affairs such as your wellbeing.

3.     Do P.O.A agents have limits?

Proxies under different kinds of POA have certain limits over which their decision-making should not exceed. Certain matters are very sensitive and personal and cannot be decided over by an agent.

4.     Which kind of P.O.A agent has a high degree of authority?

 A general P.O.A proxy has the powers to decide over almost all of your affairs either personal or financial. They are only restricted to not deciding over matters that are too personal such as the designation of your beneficiaries or execution of a Will deed on our behalf.

5.     Can someone having a P.O.A proxy do anything they please?

Unless you regain the capacity to decide over your affairs, you will be limited from deciding over issues regarding your finances or health care.

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