Brainard Wills & Probate Lawyer, New York

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Robert Klipstein
About | Practice Areas
Ballon Stoll PC
810 7th Ave Suite 405 New York, NY 10019» view map
Immigration Law
Counselors At Law

Founded in 1931 and built upon a tradition of excellence, Ballon Stoll P.C. is a mid-sized full-service law firm catering to the needs of businesses and individuals alike.

212.575.7900
1. Robert Klipstein New York, NY
  Attorney at Law, NY
  Columbia University Law School, J.D. 1960
2. AboutBallon Stoll PC
  Counselors At Law
3. Practice AreasExpertise
  Immigration
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Includes: Estate Administration, Living Wills, Wills

James G. Brennan

Real Estate, Wills & Probate, Estate Planning, Elder Law

Status: In Good Standing

CONTACT

39 North Pearl Street, Albany, NY 12207

Bellanca J. Fletcher

Real Estate, Wills & Probate, Estate Planning, Elder Law

Status: In Good Standing

CONTACT

251 River Street, Troy, NY 12181

Mary Theresa Colwell

Wills & Probate, Family Law, Constitutional Law, Banking & Finance

Status: In Good Standing

FREE CONSULTATION

CONTACT

20 Corporate Woods Boulevard, Albany, NY 12211

Carmi Rapport

Wills & Probate, Corporate, Business Organization, Banking & Finance

Status: In Good Standing

CONTACT

436 Union Street, Hudson, NY 12534

Janet M. Thayer

Commercial Real Estate, Estate Administration, Elder Law, Business Organization

Status: In Good Standing

CONTACT

226 Great Oaks Boulevard, Albany, NY 12203

Scott Lukowski

Family Law, Wills & Probate, Corporate, Wills

Status: In Good Standing

FREE CONSULTATION

CONTACT

20 Corporate Woods Boulevard, Albany, NY 12211

Malcolm Alexander Mcpherson

Litigation, Commercial Real Estate, Wills

Status: In Good Standing

CONTACT

17 Old Route 66, Averill Park, NY 12018

William L. Fox

Real Estate, Trusts, Family Law, Wills & Probate

Status: In Good Standing Licensed: 49 Years

CONTACT

4 Springhurst Dr, East Greenbush, NY 12061

Michael A. Kornstein

Wills, Wills & Probate, Corporate, Banking & Finance

Status: In Good Standing Licensed: 47 Years

CONTACT

39 N Pearl St, Albany, NY 12207

Susan Carroll Picotte

Wills & Probate, Elder Law, Constitutional Law, Business Organization

Status: In Good Standing Licensed: 45 Years

CONTACT

39 N Pearl St, Albany, NY 12207

800-923-0641

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LEGAL TERMS

PUBLIC ADMINISTRATOR

Someone appointed by a probate court to oversee probate proceedings when a person dies without a will or heirs, and his or her property is expected to pass to t... (more...)

Someone appointed by a probate court to oversee probate proceedings when a person dies without a will or heirs, and his or her property is expected to pass to the state. Some states have public administrators who are responsible for temporarily preserving the assets of an estate if there are disputes about specific provisions in the will or about who will be appointed the regular administrator.

ADMINISTRATRIX

An outdated term for a female administrator -- the person appointed by a court to handle probate on behalf of someone who died without a will. Now, whether male... (more...)

An outdated term for a female administrator -- the person appointed by a court to handle probate on behalf of someone who died without a will. Now, whether male or female, this person is called the administrator.

LAPSE

Under a will, the failure of a gift of property. A gift lapses when the beneficiary dies before the person who made the will, and no alternate has been named. S... (more...)

Under a will, the failure of a gift of property. A gift lapses when the beneficiary dies before the person who made the will, and no alternate has been named. Some states have anti-lapse statutes, which prevent gifts to relatives of the deceased person from lapsing unless the relative has no heirs of his or her own. A lapsed gift becomes part of the residuary estate.

AUGMENTED ESTATE

In general terms, an augmented estate consists of property owned by both a deceased person and his or her spouse. The concept of the augmented estate is used on... (more...)

In general terms, an augmented estate consists of property owned by both a deceased person and his or her spouse. The concept of the augmented estate is used only in some states. Its value is calculated only if a surviving spouse declines whatever he or she was left by will and instead claims a share of the deceased spouse's estate. (This is called taking against the will.) The amount of this 'statutory share' or 'elective share' depends on state law.

PROBATE

The court process following a person's death that includes proving the authenticity of the deceased person's will appointing someone to handle the deceased pers... (more...)

The court process following a person's death that includes proving the authenticity of the deceased person's will appointing someone to handle the deceased person's affairs identifying and inventorying the deceased person's property paying debts and taxes identifying heirs, and distributing the deceased person's property according to the will or, if there is no will, according to state law. Formal court-supervised probate is a costly, time-consuming process -- a windfall for lawyers -- which is best avoided if possible.

PER CAPITA

Under a will, the most common method of determining what share of property each beneficiary gets when one of the beneficiaries dies before the willmaker, leavin... (more...)

Under a will, the most common method of determining what share of property each beneficiary gets when one of the beneficiaries dies before the willmaker, leaving children of his or her own. For example, Fred leaves his house jointly to his son Alan and his daughter Julie. But Alan dies before Fred, leaving two young children. If Fred's will states that heirs of a deceased beneficiary are to receive the property per capita, Julie and the two grandchildren will each take a third. If, on the other hand, Fred's will states that heirs of a deceased beneficiary are to receive the property per stirpes, Julie will receive one-half of the property, and Alan's two children will share his half in equal shares (through Alan by right of representation).

RESIDUARY ESTATE

The property that remains in a deceased person's estate after all specific gifts are made, and all debts, taxes, administrative fees, probate costs, and court c... (more...)

The property that remains in a deceased person's estate after all specific gifts are made, and all debts, taxes, administrative fees, probate costs, and court costs are paid. The residuary estate also includes any gifts under a will that fail or lapse. For example, Connie's will leaves her house and all its furnishings to Andrew, her VW bug to her friend Carl, and the remainder of her property (the residuary estate) to her sister Sara. She doesn't name any alternate beneficiaries. Carl dies before Connie. The VW bug becomes part of the residuary estate and passes to Sara, along with all of Connie's property other than the house and furnishings. Also called the residual estate or residue.

FAILURE OF ISSUE

A situation in which a person dies without children who could have inherited her property.

INHERIT

To receive property from someone who has died. Traditionally, the word 'inherit' applied only when one received property from a relative who died without a will... (more...)

To receive property from someone who has died. Traditionally, the word 'inherit' applied only when one received property from a relative who died without a will. Currently, however, the word is used whenever someone receives property from the estate of a deceased person.

SAMPLE LEGAL CASES

Matter of Colverd

... Spain, J. 972 Decedent died in 2000. Thereafter, petitionerâ€”decedent's unmarried companion of nearly 30 yearsâ€”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. ...

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Brainard Wills & Probate Lawyer, New York

Sponsored Law Firm

Ballon Stoll PC

SPONSORED LAWYERS

James G. Brennan

Bellanca J. Fletcher

Mary Theresa Colwell

Carmi Rapport

Janet M. Thayer

Scott Lukowski

Malcolm Alexander Mcpherson

William L. Fox

Michael A. Kornstein

Susan Carroll Picotte

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LEGAL TERMS

PUBLIC ADMINISTRATOR

ADMINISTRATRIX

LAPSE

AUGMENTED ESTATE

PROBATE

PER CAPITA

RESIDUARY ESTATE

FAILURE OF ISSUE

INHERIT

SAMPLE LEGAL CASES

Matter of Colverd

MTR OF AMERICAN COMM. v. Dunn

Matter of Paigo

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