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Estate Planning

Understanding the probate process

Understanding the Probate Process 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

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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In What Circumstances Do You Not Need Probate?

Probate is a legal process often associated with administering a deceased person’s estate. However, not every estate in New York City requires probate, and understanding the circumstances in which probate may not be needed is crucial for effective estate planning. At Morgan Legal Group, we specialize in guiding individuals and families through the complexities of estate planning in NYC. In this informative guide, we will explore the specific situations in which probate may not be necessary, providing valuable insights to help you plan your estate more effectively.

1. Small Estates with Minimal Assets

Small estates with a total value below a certain threshold may be exempt from probate in New York. This threshold is subject to change and is influenced by the specific assets within the estate. Typically, estates falling below this threshold can benefit from simplified procedures or may not require probate at all. This can significantly expedite the process of distributing assets to beneficiaries.

It’s important to note that the threshold for small estates varies, and staying informed about the current regulations is crucial. Consulting with an experienced estate planning attorney can help you determine whether the size of the estate qualifies for simplified procedures.

2. Assets with Designated Beneficiaries

Assets that have designated beneficiaries may bypass the probate process altogether. Common examples include life insurance policies, retirement accounts, and payable-on-death (POD) or transfer-on-death (TOD) accounts. When these assets have specified beneficiaries, they can be transferred directly to the named individuals without going through probate.

Ensuring that your assets have clear beneficiary designations is a strategic estate planning move. It not only expedites the distribution of these assets but also provides a level of certainty regarding their disposition.

3. Jointly Owned Property with Rights of Survivorship

Real estate or other property held jointly with rights of survivorship can avoid probate. In such arrangements, when one co-owner passes away, the property automatically transfers to the surviving co-owner without the need for probate. This is a common scenario for married couples who own property jointly.

However, it’s crucial to ensure that the ownership structure explicitly includes rights of survivorship. Without this designation, the property may be subject to probate, and the deceased co-owner’s interest could be distributed according to their will or the state’s intestacy laws.

4. Living Trusts and Revocable Trusts

Assets held in a living trust or revocable trust generally do not go through probate. A living trust allows you to transfer ownership of your assets to the trust during your lifetime, and the trust then manages and distributes those assets upon your passing. This arrangement provides a level of privacy and can streamline the transfer of assets to beneficiaries.

Establishing a trust requires careful planning and legal documentation, and it’s important to work with an experienced estate planning attorney to ensure that the trust aligns with your goals and intentions.

5. Community Property with Right of Survivorship

In some states, including New York, community property with the right of survivorship is recognized. This form of joint ownership allows spouses to co-own property, and upon the death of one spouse, the property automatically transfers to the surviving spouse without probate.

It’s essential to understand the specific laws governing community property in your jurisdiction and to structure ownership accordingly to take advantage of the right of survivorship and avoid probate.

Conclusion

While probate is a common aspect of estate administration, there are circumstances in which it may not be necessary. Small estates, assets with designated beneficiaries, jointly owned property with rights of survivorship, living trusts, and community property with the right of survivorship are examples of situations where probate may be avoided.

It’s crucial to carefully plan your estate and work with knowledgeable professionals to determine the most effective strategies for your unique situation. At Morgan Legal Group, we specialize in guiding individuals and families through the intricacies of estate planning in New York City. Contact us today to ensure that your estate plan aligns with your goals and provides for the seamless transfer of your assets to your loved ones.

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