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What is Elder Law in New York 2024?
elder law

WHAT IS ELDER LAW?

Understanding Elder Law in New York 2024 As individuals age, their legal needs evolve, requiring specialized expertise in areas affecting their health, assets, and legacy.

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All About Trusts and Wills in New York
Estate Planning

All About Trusts and Wills in New York

Understanding Trusts and Wills in New York: Essential Tools for Estate Planning Planning for the future requires careful attention to detail, especially when it involves

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Attorney for Wills and Trusts
Estate Planning

Attorney for Wills and Trusts

Discover expert guidance for Wills and Trusts in New York. Morgan Legal Group provides personalized estate planning for peace of mind.

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Different Types of Wills in New York
Estate Planning

Different Types of Wills in New York

Understanding Different Types of Wills in New York Wills are critical estate planning documents that allow individuals to express how they want their assets distributed

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Common Probate Issues In New York
Estate Planning

Common Probate Issues In New York

Common Probate Issues Probate is a legal process that occurs after an individual passes away, involving the distribution of their assets according to their will,

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Estate Planning Tips in New York - Morgan Legal Group
Estate Planning

Estate Planning Tips:

Estate Planning Tips in New York Estate planning is a vital process for ensuring that your assets are protected, your healthcare decisions are respected, and

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Guardianship Attorney in NYC
Guardianship

Guardianship Attorney

Guardianship Attorney in NYC In New York City, the need for guardianship arises when an individual can no longer make decisions for themselves due to

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Types of Probate in New York

Welcome to Morgan Legal Group P.C., your trusted source for legal guidance on the various types of probate in New York. Our experienced probate attorneys are here to provide comprehensive information about the different probate processes available in the state, helping you navigate the complexities of estate administration and probate proceedings.

Understanding Probate in New York

Probate is the legal process by which a deceased person’s assets are distributed, and their final affairs are settled. New York has different types of probate proceedings, each with its own set of requirements and procedures. Let’s explore the main types of probate in New York:

1. Formal Probate

Formal probate is the traditional and most common type of probate proceeding in New York. It involves filing a petition with the Surrogate’s Court in the county where the decedent resided at their death. The court oversees proving the will’s validity and appointing an executor to manage the estate’s administration. This process is suitable when the estate is complex, or beneficiary disputes are anticipated.

2. Simplified Probate

Simplified probate, a “small estate” or “voluntary administration” proceeding, is a streamlined process available for estates with a limited value. This process is generally used when the total value of the decedent’s assets falls below a certain threshold. It allows for a simplified court procedure, reducing the time and cost of the probate process.

3. Ancillary Probate

Ancillary probate occurs when a decedent owns property in multiple states. If the decedent’s primary residence is outside of New York, but owns real estate or other assets within the state, ancillary probate may be required. This process involves filing a petition in New York to handle the assets’ distribution within the state.

4. Probate of Lost or Destroyed Wills

In cases where the original will is lost, destroyed, or otherwise unavailable, New York law provides a process for probating a copy of the will. The court will require evidence to establish the validity of the lost or destroyed will and ensure that it accurately represents the decedent’s wishes.

5. Probate Without a Will (Intestate Succession)

When a person passes away without a valid will, their estate is subject to intestate succession laws. The court will appoint an administrator to manage the estate’s distribution according to New York’s laws, prioritizing surviving family members based on their relationship to the decedent.

Consult Our Experienced Probate Attorneys

At Morgan Legal Group P.C., navigating the probate process can be overwhelming, especially during an emotional time. Our experienced probate attorneys are here to provide you with the guidance and support you need. Whether you’re dealing with a complex estate or seeking a streamlined process for a small estate, we have the knowledge and expertise to assist you.

Contact us today to schedule a consultation and learn more about the different types of probate in New York. Our team is dedicated to helping you make informed decisions that align with your best interests and the wishes of your loved one.

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