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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
PRACTICES

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
PRACTICES

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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Types of Probate in New York

Welcome to Morgan Legal Group P.C., your trusted source for legal guidance on the various types of probate in New York. Our experienced probate attorneys are here to provide comprehensive information about the different probate processes available in the state, helping you navigate the complexities of estate administration and probate proceedings.

Understanding Probate in New York

Probate is the legal process by which a deceased person’s assets are distributed, and their final affairs are settled. New York has different types of probate proceedings, each with its own set of requirements and procedures. Let’s explore the main types of probate in New York:

1. Formal Probate

Formal probate is the traditional and most common type of probate proceeding in New York. It involves filing a petition with the Surrogate’s Court in the county where the decedent resided at their death. The court oversees proving the will’s validity and appointing an executor to manage the estate’s administration. This process is suitable when the estate is complex, or beneficiary disputes are anticipated.

2. Simplified Probate

Simplified probate, a “small estate” or “voluntary administration” proceeding, is a streamlined process available for estates with a limited value. This process is generally used when the total value of the decedent’s assets falls below a certain threshold. It allows for a simplified court procedure, reducing the time and cost of the probate process.

3. Ancillary Probate

Ancillary probate occurs when a decedent owns property in multiple states. If the decedent’s primary residence is outside of New York, but owns real estate or other assets within the state, ancillary probate may be required. This process involves filing a petition in New York to handle the assets’ distribution within the state.

4. Probate of Lost or Destroyed Wills

In cases where the original will is lost, destroyed, or otherwise unavailable, New York law provides a process for probating a copy of the will. The court will require evidence to establish the validity of the lost or destroyed will and ensure that it accurately represents the decedent’s wishes.

5. Probate Without a Will (Intestate Succession)

When a person passes away without a valid will, their estate is subject to intestate succession laws. The court will appoint an administrator to manage the estate’s distribution according to New York’s laws, prioritizing surviving family members based on their relationship to the decedent.

Consult Our Experienced Probate Attorneys

At Morgan Legal Group P.C., navigating the probate process can be overwhelming, especially during an emotional time. Our experienced probate attorneys are here to provide you with the guidance and support you need. Whether you’re dealing with a complex estate or seeking a streamlined process for a small estate, we have the knowledge and expertise to assist you.

Contact us today to schedule a consultation and learn more about the different types of probate in New York. Our team is dedicated to helping you make informed decisions that align with your best interests and the wishes of your loved one.

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