FEATURES & NEWS

Probate attorney near me in New York 2025
Estate Planning

Probate attorney near me

Navigating Probate in New York: Finding the Right Attorney Near You (2025) Probate, the legal process of administering a deceased person’s estate, can be complex

Read More »
Wills vs. Trusts in NYC: Choosing the Right Estate Plan for You
Estate Planning

Wills and Trusts NYC

Wills vs. Trusts in NYC: Choosing the Right Estate Plan for You Regarding estate planning in New York City, a fundamental decision arises: Will a

Read More »
Protecting yourself and your partner
Estate Planning

Protecting yourself and your partner

Protecting Yourself and Your Partner: A Comprehensive Guide to Estate Planning in New York At Morgan Legal Group, we understand the complexities involved in safeguarding

Read More »
The importance of a living will
Estate Planning

The importance of a Living Will

Why a Living Will Matters in NYC: Your 2025 Guide As we move further into 2025, advanced healthcare planning has become more critical than ever,

Read More »
Medicaid Trust NYC
Estate Planning

Medicaid Trust NYC

Medicaid Trusts in NYC: Safeguarding Your Assets from Long-Term Care Costs For residents of New York City, planning for long-term care is a critical component

Read More »
Probate Lawyer Cost
Probate

Probate Lawyer Cost

Understanding Probate Lawyer Costs in NYC: A Clear Guide When facing the daunting task of estate administration in New York City, one of the first

Read More »
Estate Planning in NYC
Estate Planning

Estate Planning in NYC

Estate Planning in NYC: A Comprehensive Guide For New York City residents, estate planning is not merely a suggestion but a necessity. Indeed, living in

Read More »
Living Trusts in NYC: Your Expert Guide
Estate Planning

Living Trusts in NYC

Living Trusts in NYC: Your Expert Guide For New York City residents, planning for the future and securing your legacy is critical. Estate planning, therefore,

Read More »
Digital Estate Planning in New York
Asset Protection

Digital Estate Planning NY

Securing Your Digital Legacy: Digital Estate Planning in New York In today’s increasingly digital world, our lives extend far beyond the physical realm. We conduct

Read More »
Medicaid Planning and Asset Protection
Asset Protection

Medicaid Planning and Asset Protection

Safeguarding Your Assets: A Comprehensive Guide to Medicaid Asset Protection Trusts in New York for 2025 Preparing for long-term care can be an overwhelming process

Read More »
Estate Planning Guide 2025
Estate Planning

Estate Planning Guide 2025

Estate Planning Guide 2025: A Comprehensive Resource for New York Residents As we approach 2025, the need for a solid and comprehensive estate plan becomes

Read More »

Estate planning is very important for all estate owners who live not just in New York, but in other places around the globe. An estate plan ensures that your wish regarding your estate is fulfilled after your demise. It helps provide financial security for those you love even after your death. In New York, there are few documents that are needed for estate planning; these documents ranges from a will, a health care proxy, a durable power of attorney, etc.

In a world where information can be gotten by a single click, many people still have misconceptions about estate planning. Some New York resident feel estate planning is for the rich, like those in the Bills Gates circle.  But the truth remains that estate planning is for both the rich and the poor. You don’t need to own a million dollar business before you consider planning your estate.

If you die without an estate plan, the government will take over the distribution and management of your estate. This will be done based on the intestate laws of New York.

Preventing probate after your demise

If you want to save your family the stress of experiencing the somewhat difficult probate process, it is advisable that you plan an estate that escapes this process. Without probate, your assets cannot be transferred to the designated beneficiaries.

Assets placed under a trust don’t usually undergo probate. If you need more information regarding how to create a trust, you can contact our probate attorney.

How does probate work In New York?

If you know few things about the probate process, you will know why most estate owners plan a probate-free estate. Probate is done for a few reasons and one of these reasons is to determine the authenticity of a will. Others are to determine the value of the deceased estate, to settle all unpaid debts and due taxes of the deceased, to share the assets of the deceased based on the will of the decedent, etc.

Because you won’t be around to handle the probate process, the burden will have to fall on your estate executor, and probably the beneficiaries of your estate. Trust me, the burden that comes with probate is something a grieving family shouldn’t go through.

In New York, the probate process is quite different from other cities in the US. New York has its own probate laws that guides the probate process. In New York, and other cities, the assets of a deceased can’t be transferred to the designated beneficiaries until probate has been done. This process takes place in a surrogate court with the attendance of a Judge and the estate executor who represents the estate owner and its beneficiaries.

Factors that elongates the probate process

Generally, the probate process isn’t supposed to be long but some factors and circumstances end up elongating the process. Probate can last for a few weeks, a month, or even years, depending on the estate of the decedent and how it was planned. Here are a few of these factors:

Settling the death of the deceased and sorting out creditors:

Settling the deceased’s debts is a major step in completing the probate process Regardless of the decedent’s demise, his or her debts must be settled. If the deceased was indebted to several creditors, extra time will be spent trying to figure out the terms of the debt and the right amount owed. This can end up elongating the probate process because all the debts of the deceased must be settled before the probate process can be concluded.

Estate Taxes

Estate taxes are taxes paid on some estate properties. Any estate that is valued at more than $11.5 million is usually taxed. But, estate are taxed in some states, however the figure is much smaller than the federal imposed taxes. The duration it taxes to evaluate the taxes incurred by an estate can elongate the probate process. It is required for all taxable estate to get clearance from IRS before probate can be concluded. This usually last for around 5 to 7 months after an estate tax return is filled.

Contact our probate attorney close by if you and your family need assistance in handling that probate process.

Most Popular: