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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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PRACTICES

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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Probate in New York is often very complex and lengthy. As a Will executor or grieving loved one of a deceased, trying to wrap your head around probate is traumatic enough, giving the fact that you barely know the in and out of the word and how the probate system works in New York. Hiring a New York probate attorney 10019 is the best step you can take at this very time.

We are here to help

At our probate law firm, we provide legal assistance to personal representatives and families of decedents in New York. It is our goal to educate the family of the process, and guide the personal representative of the deceased in administrating the estate. This makes the characteristically lengthy and complex probate process shorter and easier to walk through.

Hiring a probate attorney can be the difference between a successful seamless probate and a seemingly never-ending traumatic one. If you live in any NY county with zip code 10019, then we are just a phone call away. Contact us to speak with a probate attorney 10019.

Understanding how the NY probate system works

NY probate

Probate is the court-supervised process by which the Last Will of a deceased is validated and its instructions carried out. The ultimate purpose of probate is to lawfully dispose a person’s estate according to their wish stated in their last will. But if there is no will, probate will be done and the intestacy law of the state will be used in the disposal of the decedent’s estate. Probate in New York is conducted in the Surrogate’s Court in the county where the decedent owned property.

Must every estate be probated in New York?

Only estates valuing up to $30,000 or more will be probated in NY. Below this value, the estate will be administered in a simpler process known as Small Estate Administration. Also, only the assets held in the name of the decedent only may be probated. Assets held in a living trust, held by joint tenancy with rights of survivorship, having designated beneficiaries or POD clauses will pass outside probate.

What are the responsibilities of the executor?

The executor is the personal representative of the deceased, responsible for administrating the estate. The executor is named in the will. In the absence of a will, the court appoints an estate administrator who must act as the personal representative. The responsibilities of the personal representative are as follows:

  1. Initiating probate by filing a petition along with the will and death certificate of the deceased to the probate court.
  2. Taking inventory of the estate and professional appraisal if necessary.
  3. Opening a bank account from which administration expenses will be settled.
  4. Filing tax return forms, paying estate tax and debts, funeral expenses, administration expenses, court and attorney charges from the checking account.
  5. Disbursing what is left of the estate to the beneficiaries according to the will or intestacy law of New York.
  6. Closing the estate.

How long does probate take?

NY Probate can take months up to a couple of years depending on the nature of the estate and whether you have a probate attorney working with you. The probate attorney 10019 will help resolve family disputes and ease the tension, help in filing tax return forms and dealing with creditors and tax, representing you in court, give professional advice when you run into a tricky situation, help ensure that all duties are properly carried out, and all documents accurately prepared. Such experience hands speed up probate and costly mistakes are avoided.

What is the intestacy law of New York?

The NY Intestacy Law of Succession is used for disbursing an estate in the absence of a valid will. By the law, the surviving spouse is entitled to $50,000 plus half the balance of the estate. The rest goes to the children. In the absence of a surviving spouse, everything goes to the children and vice versa. In the absence of either, the estate goes to the closest surviving blood relative of the deceased.

What if the estate funds are not enough to settle creditors, expenses and beneficiaries?

When estate funds do not suffice to settle creditors, expenses and beneficiaries, the NY Law of Priority of Claims will be invoked. This law prioritizes creditors, tax and other expenses over beneficiaries. Creditors and all other expenses must be settled before the beneficiaries. If the funds are so minimal, the beneficiaries would get nothing at all and some creditors may have to let go of what they are owed.

Such a situation requires professional and experienced hands, and the family should not attempt handling it all by themselves. It becomes imperative to hire an attorney.

For a shorter and less traumatic probate, contact us to speak with a probate attorney 10019.

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