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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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All about Probate in NYC

Probate is a legal process that occurs after someone passes away. In New York City, NY, the probate process is governed by specific laws and regulations. Understanding how probate works in this jurisdiction is essential for individuals and families dealing with distributing a deceased person’s assets.

What is Probate?

Probate is the court-supervised process of validating a deceased person’s will if one exists, and overseeing the distribution of their assets to beneficiaries. If the deceased person did not leave a will, the court will follow the laws of intestate succession to determine how to distribute the assets.

The Probate Process in New York City

The probate process in New York City involves several key steps:

1. Filing the Petition

The probate process typically begins with filing a petition in the Surrogate’s Court of the county where the deceased person resided at the time of their death. The petition seeks to admit the will to probate and appoint an executor or administrator to oversee the estate.

2. Notifying Heirs and Beneficiaries

Once the petition is filed, the court will issue citations to notify heirs and beneficiaries about the probate proceedings. They can contest the will or raise objections if they believe it is invalid.

3. Reviewing the Will

The court will review the will to ensure it meets all legal requirements. The court will admit the will to probate if there are no issues.

4. Appointing an Executor

If the deceased person left a will, the court will appoint an executor named in the will. If no will or executor is named, the court will appoint an administrator to handle the estate.

5. Identifying and Valuing Assets

The executor or administrator is responsible for identifying and valuing the deceased person’s assets, including real estate, bank accounts, investments, and personal property.

6. Paying Debts and Taxes

Before distributing assets to beneficiaries, the executor or administrator must pay the deceased person’s outstanding debts and any applicable estate taxes.

7. Distributing Assets

Once debts and taxes are settled, the remaining assets are distributed to the beneficiaries according to the terms of the will or intestate succession laws.

8. Closing the Estate

After all assets are distributed, the executor or administrator will petition the court to close the estate. The court will issue an order discharging the executor or administrator from their duties.

The Costs of Probate

Probate can be associated with various costs, including court, legal, and appraisal fees. These costs can vary depending on the complexity of the estate and the involvement of attorneys and other professionals.

How Long Does Probate Take?

The duration of the probate process in New York City can vary widely depending on factors such as the complexity of the estate, whether there are any disputes and the court’s caseload. In some cases, probate can be completed in a matter of months, while more complex cases may take a year or longer.

Should You Avoid Probate?

Some individuals explore ways to avoid probate, such as using trusts or making lifetime gifts. While avoiding probate can have certain benefits, weighing the pros and cons carefully is essential. Probate ensures a structured and legal process for asset distribution, which can help prevent disputes and ensure that the deceased person’s wishes are followed.

Consult with Probate Professionals

Suppose you are dealing with the probate process in New York City. In that case, it’s advisable to consult with experienced probate attorneys and professionals who can provide guidance and help navigate the legal requirements effectively.

At Morgan Legal Group, our team of probate attorneys in New York City has extensive experience in handling probate matters. We are here to assist you throughout the probate process and ensure that your interests and those of the deceased person’s estate are protected.

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