Clarendon Estate Planning 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: Gift Taxation

Jacqueline A. Constantino

Wills & Probate, Trusts, Estate Planning, Estate

Status: In Good Standing

CONTACT

3380 Monroe Avenue, Rochester, NY 14618

Michael Cobbs

Family Law, Corporate, Estate Planning, Employment, Estate

Status: In Good Standing

CONTACT

Two State Street, 925 Crossroads Building, Rochester, NY 14614

Michelle Anne Hutchinson

Estate Planning, Employment, Family Law, Corporate

Status: In Good Standing

CONTACT

Two State Street, 925 Crossroads Building, Rochester, NY 14614

Norman J. Mattar

Estate Planning, Personal Injury, Medical Malpractice, Car Accident

Status: In Good Standing

FREE CONSULTATION

CONTACT

8604 Main Street, Buffalo, NY 14221

Richard S. Brovitz

Estate Planning, Corporate, Business Organization, Banking & Finance

Status: In Good Standing

CONTACT

295 Woodcliff Dr., Fairport, NY 14450

Robert E. Brennan

Wills & Probate, Estate Planning, Family Law, Personal Injury

Status: In Good Standing

CONTACT

Suite 1000, Crossroads Building, Rochester, NY 14614

Ronit Zusman

Family Law, Estate Planning, Employment, Real Estate

Status: In Good Standing

CONTACT

Two State Street, 925 Crossroads Building, Rochester, NY 14614

Adam Brunner

Trusts, Commercial Real Estate, Estate Planning, Wills

Status: In Good Standing Licensed: 17 Years

CONTACT

39 Deer Creek Rd, Pittsford, NY 14534

Andrea Marie Gray

Health Care, Estate Planning, Employment, Elder Law, Business

Status: In Good Standing Licensed: 19 Years

CONTACT

99 Garnsey Rd, Pittsford, NY 14534

Andrew Adam Borden

Commercial Real Estate, Estate Planning, Business & Trade, Corporate

Status: In Good Standing Licensed: 17 Years

CONTACT

10535 Main St, Clarence, NY 14031

800-923-0641

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LEGAL TERMS

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.

EXECUTOR

The person named in a will to handle the property of someone who has died. The executor collects the property, pays debts and taxes, and then distributes what's... (more...)

The person named in a will to handle the property of someone who has died. The executor collects the property, pays debts and taxes, and then distributes what's left, as specified in the will. The executor also handles any probate court proceedings and notifies people and organizations of the death. Also called personal representatives.

INHERITANCE TAXES

Taxes some states impose on people or organizations who inherit property from a deceased person's estate. The taxes are based on the value of the inherited prop... (more...)

Taxes some states impose on people or organizations who inherit property from a deceased person's estate. The taxes are based on the value of the inherited property.

SELF-PROVING WILL

A will that is created in a way that allows a probate court to easily accept it as the true will of the person who has died. In most states, a will is self-prov... (more...)

A will that is created in a way that allows a probate court to easily accept it as the true will of the person who has died. In most states, a will is self-proving when two witnesses sign under penalty of perjury that they observed the willmaker sign it and that he told them it was his will. If no one contests the validity of the will, the probate court will accept the will without hearing the testimony of the witnesses or other evidence. To make a self-proving will in other states, the willmaker and one or more witnesses must sign an affidavit (sworn statement) before a notary public certifying that the will is genuine and that all willmaking formalities have been observed.

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.

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).

LETTERS TESTAMENTARY

The document given to an executor by the probate court, authorizing the executor to settle the estate according to either a will or the state's intestate succes... (more...)

The document given to an executor by the probate court, authorizing the executor to settle the estate according to either a will or the state's intestate succession laws.

GROSS ESTATE

For federal estate tax filing purposes, the total of all property owned at death, without regard to any debts or liens against the property or the costs of prob... (more...)

For federal estate tax filing purposes, the total of all property owned at death, without regard to any debts or liens against the property or the costs of probate. Taxes are due only on the value of the property the person actually owned (the net estate) plus the amount of any taxable gifts made during life. In a few states, the gross estate is used when computing attorney fees for probating estates; the lawyer gets a percentage of the gross estate.

NET ESTATE

The value of all property owned at death less liabilities or debts.

SAMPLE LEGAL CASES

Schneider v. Finmann

... maintain an action for legal malpractice. We now reverse and reinstate plaintiff's claim. Strict privity, as applied in the context of estate planning malpractice actions, is a minority rule in the United States. [1] In New York, a third ...

Fielding v. Kupferman

... The documents at issue in Bishop were estate planning instruments executed by the plaintiff who believed that he was giving his wife a life estate and was not limiting his access to his life savings (Bishop, 33 AD3d 497, 501 [2006], affd 9 NY3d 910 [2007]). ...

Kram Knarf, LLC v. Djonovic

... The client's malpractice complaint was silent as to how the attorneys misled him, what they failed to explain to him concerning the estate planning documents he executed, and which of his instructions those documents did not reflect (33 AD3d at 498-499). ...

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Clarendon Estate Planning Lawyer, New York

Sponsored Law Firm

Ballon Stoll PC

SPONSORED LAWYERS

Jacqueline A. Constantino

Michael Cobbs

Michelle Anne Hutchinson

Norman J. Mattar

Richard S. Brovitz

Robert E. Brennan

Ronit Zusman

Adam Brunner

Andrea Marie Gray

Andrew Adam Borden

TIPS

LEGAL TERMS

AUGMENTED ESTATE

EXECUTOR

INHERITANCE TAXES

SELF-PROVING WILL

RESIDUARY ESTATE

PER CAPITA

LETTERS TESTAMENTARY

GROSS ESTATE

NET ESTATE

SAMPLE LEGAL CASES

Schneider v. Finmann

Fielding v. Kupferman

Kram Knarf, LLC v. Djonovic

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