Albany Wills & Probate Lawyer, New York

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Includes: Estate Administration, Living Wills, Wills

Janet M. Thayer

Commercial Real Estate, Estate Administration, Elder Law, Business Organization
Status:  In Good Standing           

Scott Lukowski

Family Law, Wills & Probate, Corporate, Wills
Status:  In Good Standing           

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Peter B. Jones

Real Estate, Commercial Real Estate, Residential Real Estate, Estate, Wills & Probate
Status:  In Good Standing           

James G. Brennan

Real Estate, Wills & Probate, Estate Planning, Elder Law
Status:  In Good Standing           

Mary Theresa Colwell

Wills & Probate, Family Law, Constitutional Law, Banking & Finance
Status:  In Good Standing           

FREE CONSULTATION 

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Bellanca J. Fletcher

Real Estate, Wills & Probate, Estate Planning, Elder Law
Status:  In Good Standing           

Robert WM. Johnson

Estate, Wills & Probate, Business, Real Estate, Non-profit
Status:  In Good Standing           

Stephen R. Markovits

International Tax, Corporate, Estate Planning, Estate Administration
Status:  In Good Standing           

A. A. Stephen Douglas Commins

Motor Vehicle, Immigration, Wills & Probate, Wrongful Termination
Status:  In Good Standing           Licensed:  37 Years

Terri Jo Conrad Regan

Wills & Probate, Wrongful Termination
Status:  In Good Standing           Licensed:  34 Years

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LEGAL TERMS

SURVIVING SPOUSE'S TRUST

If a couple has created an AB trust, the revocable living trust (Trust B) of the surviving spouse, after the first spouse has died.

EXEMPTION TRUST

A bypass trust funded with an amount no larger than the personal federal estate tax exemption in the year of death. If the trust grantor leaves property worth m... (more...)
A bypass trust funded with an amount no larger than the personal federal estate tax exemption in the year of death. If the trust grantor leaves property worth more than that amount, it usually goes to the surviving spouse. The trust property passes free from estate tax because of the personal exemption, and the rest is shielded from tax under the surviving spouse's marital deduction.

WILL

A document in which you specify what is to be done with your property when you die and name your executor. You can also use your will to name a guardian for you... (more...)
A document in which you specify what is to be done with your property when you die and name your executor. You can also use your will to name a guardian for your young children.

FAMILY ALLOWANCE

A certain amount of a deceased person's money to which immediate family members are entitled at the beginning of the probate process. The allowance is meant to ... (more...)
A certain amount of a deceased person's money to which immediate family members are entitled at the beginning of the probate process. The allowance is meant to help support the surviving spouse and children during the time it takes to probate the estate. The amount is determined by state law and varies greatly from state to state.

CHARITABLE TRUST

Any trust designed to make a substantial gift to a charity and also achieve income and estate tax savings for the person who creates the trust (the grantor).

REAL ESTATE AGENT

A foot soldier of the real estate business who shows houses and does most of the other nitty-gritty tasks associated with selling real estate. An agent must hav... (more...)
A foot soldier of the real estate business who shows houses and does most of the other nitty-gritty tasks associated with selling real estate. An agent must have a state license and be supervised by a real estate broker. Most agents are completely dependent upon commissions from sellers for their income, so it pays to find out which side the agent represents (buyer, seller or both) before you place too much trust in the agent's opinion.

QDOT TRUST

A trust used to postpone estate tax when more than the amount of the personal federal estate tax exemption is left to a non-U.S. citizen spouse by the other spo... (more...)
A trust used to postpone estate tax when more than the amount of the personal federal estate tax exemption is left to a non-U.S. citizen spouse by the other spouse. QDOT stands for qualified domestic trust.

IRREVOCABLE TRUST

A permanent trust. Once you create it, it cannot be revoked, amended or changed in any way.

TESTAMENTARY TRUST

A trust created by a will, effective only upon the death of the willmaker.

SAMPLE LEGAL CASES

Matter of Colverd

... Spain, J. 972 Decedent died in 2000. Thereafter, petitioner—decedent's unmarried companion of nearly 30 years—commenced this proceeding in Surrogate's Court, as named executor, seeking probate of decedent's will. Three ...

MTR OF AMERICAN COMM. v. Dunn

... This appeal requires us to determine the standard applicable to a petition to vacate a probate decree brought by a nonparty to an initial probate proceeding and based upon "newlydiscovered evidence," which allegedly demonstrates that a probated will was procured through ...

Matter of Paigo

... Decedent died in June 2006 and petitioner sought to probate the will. ... Petitioner then moved for summary judgment 838 seeking dismissal of the objections and admitting the will to probate. Concluding that issues of fact existed, Surrogate's Court denied the motion. ...