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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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Probate Explained

It is the wish of all estate beneficiaries and executor to escape the probate process because it is costly, time-consuming, and quite stressful. Lots of the estate proceedings goes into the payment of court fees, huge estate taxes, and hiring a good probate attorney. Also, the probate process can go on for a very long time. Regardless of if you prepared an estate plan or not, your estate will still undergo the probate process. You can only escape probate if you create a trust.

A trust is the ideal way to transfer ones assets to a beneficiary without it undergoing the probate process. You escape the huge taxes that comes with the probate process and you also save money you would have spent on court fees and hiring a probate attorney.

Probate can be viewed in a few angles. Probate can be viewed as a legal process carried out to determine the validity of a will, or it is a process done to determine the properties of a deceased, or it is a process done to settle the unpaid taxes and debts of the deceased, etc.

Since the probate process is done in the local court, it usually involve the submission of many paperwork by the estate executor and court appearances by attorneys. If perhaps you failed to state an estate executor in your will, or if you didn’t create a will while alive, an estate executor will be chosen by the court and he or she will be regarded as the estate administrator.

Who is an Estate Executor/ Administrator?

During the probate process, it is the duty of the estate executor to appear before the court with proof that the will of the deceased is authentic. It is also the duty of an estate executor to tender all necessary paperwork to the probate court to kick-start the probate process which can last for a few months to a year deepening on the circumstances surrounding the estate of the deceased.

An estate executor is an individual selected by the estate owner to act as his or her representative. The estate executor will need approval from the probate court before he or she can begin work. It is the duty of the estate executor to:

  • Locate all unpaid taxes and debts of the deceased
  • To manage the estate of the deceased while the probate process is on
  • Distribute the assets of the deceased as stated in the will
  • Appear in court for the probate process.

If for instance, you die and left lots of unpaid debts, your executor may decide to sell some of your assets to repay the debt.

Who is in Charge of the Probate Process?

In most cases, it is the duty of your estate executor to handle the probate process. If you die without writing a will, the probate court will select someone from your family to take the job of your estate administrator. This person is normally a very close relative or someone who inherits a large portion of your estate.

In situations when a formal probate proceeding isn’t required, the probate court won’t select an estate administrator, rather, an acquaintance or a relative acts as an informal estate rep.  This individual is often selected by your family and friends. It is also not unusual for lots of people to take the responsibility of settling debts, sharing assets to the designated beneficiaries, etc.

When making that decision to select an estate executor, ensure that you go for someone you can trust to get the job done.

Why should you make plans to avoid Probate?

The probate process isn’t in any way beneficial to your beneficiaries. It is quite expensive and the process takes time. People often plan their estate to avoid this process because they know how hard it can be. You wouldn’t want to die with the thought of your family and loved ones struggling to inherit your assets.

The only situation where this process makes sense is when your estate has complex issues, like multiple debts that can’t be settled from the proceedings of your estate.

Probate Attorney New York

A probate attorney in New York is quite conversant with the New York probate law and process and can assist with the probate process. If you need a competent probate lawyer for your case, contact us.

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