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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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Understanding Probate in New York

Probate is a legal process that involves validating and executing a person’s will after their death. In New York, as in many other states, the probate process is crucial in distributing assets, settling debts, and ensuring the deceased’s wishes are fulfilled. At Morgan Legal Group in New York City, our experienced probate attorneys are well-versed in navigating the complexities of probate law. In this guide, we will delve into the details of probate in New York, providing you with the information you need to understand this essential legal process.

What is Probate?

Probate is the court-supervised process of validating a will and settling an estate. When an individual passes away, their will is submitted to the probate court, and the court oversees the distribution of the deceased person’s assets according to the terms of the will. If there is no will, the court will distribute the assets according to New York’s intestacy laws.

The probate process typically involves the following key steps:

  1. Filing the Petition: The probate process begins with filing a petition with the surrogate’s court in the county where the deceased person lived at the time of their death.
  2. Validating the Will: The court examines the will to ensure it meets the legal requirements for validity. This may include confirming the deceased person’s signature, the presence of witnesses, and other formalities.
  3. Appointment of Executor: If the deceased named an executor in their will, the court will appoint that person to administer the estate. If there is no will or no appointed executor, the court will appoint an administrator.
  4. Inventory and Appraisal: The executor is responsible for taking an inventory of the deceased person’s assets and having them appraised. This provides a clear picture of the estate’s value.
  5. Payment of Debts and Taxes: The executor pays off any outstanding debts and taxes owed by the estate using the assets from the estate.
  6. Distribution of Assets: Once debts and taxes are settled, the remaining assets are distributed to the beneficiaries according to the terms of the will or intestacy laws.
  7. Closing the Estate: The executor files a petition with the court to close the estate, providing an accounting of how assets were distributed. Once approved, the estate is officially closed.

Importance of Probate

Probate serves several important purposes in the legal process:

1. Ensures Validity of the Will

The probate process verifies the legitimacy of the will, ensuring that it meets all legal requirements. This is crucial for preventing fraud and ensuring that the deceased person’s wishes are honored.

2. Resolves Disputes

Probate provides a forum for addressing any disputes that may arise among heirs, beneficiaries, or creditors. The court oversees the resolution of these conflicts, helping to prevent potential legal challenges in the future.

3. Protects Creditors’ Rights

During probate, creditors have the opportunity to make claims against the estate to satisfy outstanding debts. This protects the rights of creditors and ensures a fair distribution of the deceased person’s assets.

Navigating Probate in New York

New York has its own set of rules and procedures when it comes to probate. Here are some key considerations specific to probate in the state:

1. Surrogate’s Court

The Probate Court handles probate matters in New York. Each county has its own probate court, and the probate process takes place in the county where the deceased person lived.

2. Probate Timeline

The timeline for probate in New York can vary, but it typically takes several months to a year to complete. Delays can occur if there are disputes, challenges to the will, or complex asset issues.

Having legal representation is advisable during the probate process. An experienced probate attorney can guide the executor through the legal requirements, help resolve disputes, and ensure a smooth administration of the estate.

Conclusion

Probate is a fundamental aspect of the legal process following an individual’s death. Understanding how probate works in New York is essential for both those creating a will and those who may be involved in the probate of an estate. At Morgan Legal Group, our team is dedicated to providing comprehensive probate services to clients in New York City, ensuring that the probate process is navigated effectively and complies with the state’s laws.

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