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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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For a good and effective estate plan, one may need to have both a will and a trust as these two documents serve different definite purposes. Depending on the estate, some people in Long Island only use wills in settling their estates, some trusts, while a significant number use both wills and trusts Long Island. A good estate plan should be one that covers both expected and unexpected events, and as such, there may be a need to combine both. For creation of Wills and Trusts Long Island, kindly contact a qualified and well experienced estate planning attorney practicing in Long Island.

A will is a legal document in an estate plan which oversees the distribution of your property to your chosen beneficiaries after your death. An executor will be appointed by the testator or by the law court, to ensure the terms of the will are duly executed.

On the other hand, a trust is another estate planning document, in which assets are held and managed by a trustee on behalf of the trustor. The assets managed are those transferred into the trust, and assets thus transferred will take the name of the trust. Depending on the instructions or terms of the trust made by the trustor, all trust assets may be passed to the beneficiary even during the lifetime of the trustor or after his death. A trust is an excellent way of passing on property to one’s friends and loved ones without having to create a will.

While a will and trust both can be used for the disposition of assets, one major difference between the two is that a will does so only after the death of the “testator” (the testator is the creator of the will); while on the other hand, a trust may be used to dispose assets before or after the “trustor’s” death. The trustor is the creator of the trust, as opposed to a testator.

Another major difference between Wills and Trusts Long Island is in the area of probate. For a will to take effect after the testator’s death, it must first be probated in a Surrogate’s Court. This legal procedure is for determining the validity of the will i.e if it was written in accordance with the law. This process can be quite lengthy and expensive as there will be court fees and attorney fees to be paid by the executor of the will. Should the will pass as invalid, or in the complete absence of a will, the court takes authority over how the estate will be disposed. This condition is known as intestacy, and the intestacy laws effective in Long Island distributes assets to the closest surviving blood relative of the decedent. This would inadvertently be detrimental to those who wished their loving friends or a charitable organization to benefit from their estate.

On the other hand, a trust is completely probate free. Trusts pass outside of probate, thus saving a lot of time and cost. Assets are transferred to the beneficiary privately without the publicity of the court. This is one major reason why some persons create trusts rather than wills.

While transferring assets into a trust, one should know before hand that only these assets will pass outside probate. Probate is conducted only for assets owned in the name of the deceased testator, and as such, probate will disregard any assets jointly held or in a trust. All other assets not included in the trust must be probated so long they are in the name of the decedent.

Generally, wills take effect only after the death of the testator, while trusts take effect as soon as they’re created and funded (by transferring assets into the trust). However, there is a kind of will acceptable in Long Island, known as a “living will” which takes effect during the lifetime of the testator, hence its name. While being a will all the same, it does not dispose assets at the testator’s death but only handles his medical issues in the event of incapacitation. An individual may need to create this kind of will alongside a trust.

Another point of distinction between wills and trusts Long Island is that while a will can be easily amended, an irrevocable trust is not so. Once created, an irrevocable trust is for life and death. The solution to this is creating a revocable trust, such as a living trust. A living trust is a revocable trust in which a trustee agrees to manage trust assets for the benefit of the trustor during the trustor’s lifetime. The trustor is at liberty to choose himself as a trustee, hence giving himself full control of the trust. At the death of the trustor, the trust assets would then be passed on to the beneficiaries. This kind of trust can be revoked or changed at anytime.

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