Protecting New York Families' Legacies
for Over 15 Years
FAQs
Answers to Your Most Important Estate Law Questions
Navigating estate planning and probate in New York raises many questions. Below, the attorneys at Morgan Legal Group, P.C. address the questions we hear most often from families across New York City. If you do not find the answer you are looking for, we invite you to contact our office directly for a confidential consultation.
Have a question that isn’t answered here? Our attorneys are available to answer your questions and help you understand your options. Contact Morgan Legal Group, P.C. for a confidential consultation.
Estate Planning
What is probate, and how does it work in New York?
Probate is the legal process by which a deceased person's will is validated by the Surrogate's Court and their estate is administered under court supervision. In New York, the process begins with filing a petition in the Surrogate's Court of the county where the deceased resided. The court appoints an executor (named in the will) or an administrator (if there is no will), who then gathers assets, pays debts and taxes, and distributes the remaining estate to beneficiaries.
The timeline varies depending on the complexity of the estate, whether the will is contested, and the court's schedule. A straightforward, uncontested estate may be resolved in six to twelve months. More complex estates — particularly those involving litigation, significant assets, or multiple beneficiaries — can take considerably longer. An experienced probate attorney can help move the process forward as efficiently as possible.
Yes, in many cases. Assets held in a trust, accounts with named beneficiaries (such as IRAs, 401(k)s, and life insurance policies), and jointly owned property with right of survivorship all pass outside of probate. Proper estate planning can significantly reduce or eliminate the probate process for your heirs.
An executor is responsible for locating and filing the will with the Surrogate's Court, notifying beneficiaries and creditors, inventorying and appraising estate assets, paying valid debts and taxes, filing any required tax returns, and distributing assets to beneficiaries in accordance with the will. Executors have a fiduciary duty to act in the best interests of the estate and its beneficiaries.
Trusts & Trust Litigation
What is a trustee's fiduciary duty?
A trustee has a legal obligation — a fiduciary duty — to manage trust assets solely in the interests of the beneficiaries, in accordance with the terms of the trust document and New York law. This includes duties of loyalty, prudence, impartiality, and full disclosure. A trustee who breaches these duties can be held personally liable and removed by the court.
Yes. A will can be challenged in New York Surrogate's Court on several grounds, including lack of testamentary capacity (the testator did not understand what they were signing), undue influence (someone pressured the testator into signing), fraud, forgery, or improper execution. Will contests are complex proceedings that require experienced legal representation.
Undue influence occurs when someone in a position of trust or authority over the testator — such as a caregiver, family member, or advisor — uses that influence to override the testator's free will and substitute their own wishes. Courts look at factors such as the testator's vulnerability, the influencer's opportunity and motive, and whether the resulting will is consistent with the testator's prior expressed intentions.
If you believe a will does not reflect the true wishes of the deceased, or that it was the product of fraud, forgery, undue influence, or mental incapacity, you may have grounds to contest it. The time to act is limited — in New York, an objection to probate must generally be filed within a specific window after the will is filed with the Surrogate's Court. Contact our office promptly to discuss your situation.
Asset Protection & Elder Law
What is Medicaid planning, and why does it matter?
Medicaid planning involves structuring your assets and finances to qualify for Medicaid benefits — which can cover the cost of long-term care, including nursing home care — while preserving as much of your estate as possible for your family. New York has a five-year "look-back" period for Medicaid eligibility, meaning that asset transfers made within five years of applying for Medicaid may be scrutinized. Early planning is essential.
A power of attorney is a document you sign voluntarily, while you have capacity, authorizing another person to make financial decisions on your behalf. A guardianship is a court-ordered arrangement that becomes necessary when a person has lost capacity and has no valid power of attorney in place. Guardianship proceedings can be time-consuming and costly, which is why having a durable power of attorney as part of your estate plan is so important.
I was impressed by the professionalism and clarity provided by Morgan Legal Group. Russel Morgan took the time to walk me through each document step by step. He addressed all my concerns with patience and confidence. The team ensured that all paperwork was accurate and completed promptly. Communication was consistent and easy throughout the...
Morgan Legal Group exceeded my expectations in every aspect of estate planning. Russel Morgan carefully explained my options and helped me make informed decisions. His approach was calm, professional, and detail-oriented. The staff was courteous and consistently responsive. I am extremely satisfied with the service and final results.
Contact Us
- 1 Available 24/7
- 2 Payment Options Offered
- 3 Hablamos Español