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Elder Law Attorney in New York
elder law

ELDER LAW ATTORNEY

The Role of an Elder Law Attorney in New York: Protecting Seniors and Their Futures As individuals age, they often face unique legal and financial

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Probate NYC Lawyers in 2025
Estate Planning

Probate NYC Lawyers

Probate Lawyers in NYC: Navigating Estate Administration in 2025 The loss of a loved one is a difficult experience, often compounded by the complexities of

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Revocable Trust NYC
Estate Planning

Revocable Trust NYC

Revocable Trusts in NYC: A Comprehensive Guide for New Yorkers Planning for the future is a critical responsibility, and for many New Yorkers, a key

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Will Lawyer New York
Estate Planning

Will Lawyer New York

Navigating Wills in New York: Why You Need a Skilled Will Lawyer Planning for the future often involves difficult decisions, but few are as important

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Estate Planning

Will Lawyer NYC

Will Lawyer NYC in 2025: Your Guide to Secure Estate Planning Planning for the future is a responsibility we all share. In New York City,

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Estate Planning explained
Estate Planning

Estate planning explained

New York Estate Planning: A Comprehensive Guide for 2025 Estate planning, a vital aspect of responsible adulthood, involves preparing for the management and distribution of

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Child & Estate Planning
Estate Planning

Child & Estate Planning

Protecting Your Children’s Future: Child and Estate Planning in New York As a parent, securing your children’s future is paramount. This extends beyond providing love

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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

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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

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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

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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,

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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

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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

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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

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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,

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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

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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

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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 Morgan Legal Group, located in New York City, we specialize in estate planning, probate, guardianship, elder law, wills, and trusts. Our experienced attorneys are dedicated to ensuring that the rights of surviving spouses are upheld according to New York State law.

Understanding Right of Election by the Surviving Spouse

New York law is very specific in its protection of the inheritance rights of a spouse. Under the law, a spouse is entitled to an “elective share” of the estate, which is defined as the greater of $50,000 or one-third of the estate, including property such as joint bank accounts and certain assets known as “testamentary substitutes.”

A spousal right of election can be filed by a surviving spouse who has not inherited assets that are at least equal to the elective share of the estate. This legal provision ensures that a spouse cannot be completely disinherited.

Statute of Limitation for Filing a Spousal Right of Election

The statute of limitations for filing a spousal right of election is six months after an executor or administrator of an estate has been appointed. It is essential to evaluate cases as early as possible, especially if there is a prenuptial agreement involved. Such agreements could potentially be overturned by the court if deemed unfair.

Every case is unique, and having a skilled estate litigation attorney fighting for your interests can significantly affect the final outcome of a legal matter involving the spousal right of election.

Spousal Right of Election: Protect Your Rights

If it becomes necessary to take legal action to protect your right to an inheritance, contest a will, or defeat a claim against an estate, the legal team at Morgan Legal Group has the extensive experience and court record you need in your legal counsel.

With many years of experience, our legal team has successfully obtained a spousal right of election for many clients. We are committed to taking legal action to protect the rights of beneficiaries, including cases where spousal inheritance rights have been violated. Our history of recovering inheritances owed to the surviving spouse speaks to our dedication and expertise in this area.

Comprehensive Estate Litigation Services

At Morgan Legal Group, we offer a wide range of services to address estate litigation and fiduciary duty issues:

Estate Planning

Effective estate planning ensures your assets are distributed according to your wishes, minimizing potential disputes among beneficiaries. Our attorneys provide personalized estate planning services to create a comprehensive plan that includes wills, trusts, powers of attorney, and healthcare directives.

Probate

The probate process can be complex and time-consuming. Our experienced probate attorneys guide executors and beneficiaries through the probate process, ensuring the decedent’s wishes are honored and the estate is administered efficiently.

Guardianship

Establishing guardianship is essential for protecting the well-being of minors and incapacitated adults. Our attorneys assist clients in establishing legal guardianship, ensuring the best interests of the ward are prioritized.

Elder Law

Elder law encompasses various legal issues affecting older adults, including long-term care planning, Medicaid planning, and protection against elder abuse. Our elder law attorneys provide compassionate and knowledgeable legal services to help seniors and their families navigate these challenges.

Wills and Trusts

Creating a will or trust is a critical component of estate planning. Our attorneys help clients draft wills and establish trusts that reflect their wishes and provide for their loved ones. We also assist in the administration and management of trusts to ensure they are executed properly.

Steps to Protecting Spousal Rights

Protecting spousal rights involves several critical steps. At Morgan Legal Group, we follow a comprehensive approach to handle these cases effectively:

  1. Initial Consultation: We begin with a thorough consultation to understand the details of your case and identify any potential issues affecting your spousal rights.
  2. Gathering Evidence: Our team collects all necessary evidence, including financial records, property deeds, and relevant documents, to support your claim.
  3. Filing Legal Actions: We file petitions or lawsuits as needed to protect spousal rights and challenge any misconduct by executors or trustees.
  4. Discovery Process: Both parties exchange information and evidence. This stage includes depositions, interrogatories, and requests for documents.
  5. Mediation and Settlement: In some cases, mediation may help resolve disputes without a trial. We negotiate on your behalf to reach a fair settlement.
  6. Trial Preparation: If the case goes to trial, we prepare extensively, ensuring all evidence is ready and witnesses are prepared.
  7. Trial: During the trial, we present your case before a judge, advocating vigorously to protect your interests.
  8. Post-Trial Actions: If necessary, we handle appeals or further legal actions to ensure justice is served.

At Morgan Legal Group, our estate and trust attorneys in New York provide personalized attention to each client’s unique needs. We understand the emotional and financial toll that disputes can take, and we are dedicated to guiding you through the process with compassion and expertise. Our commitment to personalized service ensures that we tailor our approach to your specific situation, helping you achieve the best possible outcome.

Many of our clients come through word-of-mouth referrals, reflecting the trust and confidence they place in our firm. We handle each case with the utmost care and dedication, knowing that no two cases are alike. Morgan Legal Group is here to provide the expert legal representation you need to protect spousal rights in New York.

Contact a New York Spousal Right of Election Attorney Today!

If you are dealing with an inheritance dispute or need assistance with any estate-related matters, contact Morgan Legal Group today. Our skilled attorneys are here to provide the expert legal representation you need to navigate the complexities of estate law and protect your family’s future.

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