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Lawrence Neal Berwitz Lawyer

Lawrence Neal Berwitz

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Estate, Trusts, Elder Law, Power of Attorney, Wills & Probate

Lawrence N. Berwitz has been practicing law since 1980. He is a graduate of St. John’s University School of Law (1979) and earned his bachelor’s ... (more)

Russel  Morgan Lawyer
Russel Morgan
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Russel Morgan

Russel Morgan is a Top Attorney Award winner at Attorney.com. Only 5% have the elite qualifications. Click the badge for more info.
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Estate Planning, Contract, Elder Law, Commercial Real Estate, Trusts

Russel Morgan is a practicing lawyer in the state of New York.

Arnold Henry Pedowitz Lawyer

Arnold Henry Pedowitz

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Employment, Real Estate, Trusts, Estate, Litigation
I have an LLM in Labor Law from NYU's School of Law

Arnold H. Pedowitz is a Partner with Pedowitz & Meister LLP in New York where he practices plaintiff-side employment law. Mr. Pedowitz is a member of ... (more)

Irina  Yadgarova Lawyer

Irina Yadgarova

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Estate, Wills & Probate, Trusts, Elder Law
Providing outstanding legal services and counsel in the areas of Estate, Probate and Elder Law.

Attorney Irina Yadgarova focuses her practice on Trusts & Estates, Probate & Administration, Elder Law, and Real Estate. She is licensed to practice l... (more)

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John Bernard Kelly Lawyer

John Bernard Kelly

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Estate, Real Estate, Wills, Trusts, Business

John Kelly is a practicing lawyer in the state of New York handling Real Estate and Estate matters.

Irwin J. Weinstein

Real Estate, Wills & Probate, Trusts, Household Mold
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Laura G Grossman

Estate Planning, Real Estate, Trusts, Wills
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Elena Villafane

Family Law, Contract, Trusts, Estate Planning
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Massimo A. Santoli

International, Trusts, Estate Planning, Estate
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Arfa Mahmud

Estate Planning, Trusts
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LEGAL TERMS

SPENDTHRIFT TRUST

A trust created for a beneficiary the grantor considers irresponsible about money. The trustee keeps control of the trust income, doling out money to the benefi... (more...)
A trust created for a beneficiary the grantor considers irresponsible about money. The trustee keeps control of the trust income, doling out money to the beneficiary as needed, and sometimes paying third parties (creditors, for example) on the beneficiary's behalf, bypassing the beneficiary completely. Spendthrift trusts typically contain a provision prohibiting creditors from seizing the trust fund to satisfy the beneficiary's debts. These trusts are legal in most states, even though creditors hate them.

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.

DISCHARGE (OF PROBATE ADMINISTRATOR)

A court order releasing the administrator or executor from any further duties connected with the probate of an estate. This typically occurs when the duties hav... (more...)
A court order releasing the administrator or executor from any further duties connected with the probate of an estate. This typically occurs when the duties have been completed but may happen sooner if the executor or administrator wishes to withdraw or is dismissed.

BENEFICIARY

A person or organization legally entitled to receive benefits through a legal device, such as a will, trust or life insurance policy.

BYPASS TRUST

A trust designed to lessen a family's overall estate tax liability. An AB trust is the most popular kind of bypass trust.

SUCCESSION

The passing of property or legal rights after death. The word commonly refers to the distribution of property under a state's intestate succession laws, which d... (more...)
The passing of property or legal rights after death. The word commonly refers to the distribution of property under a state's intestate succession laws, which determine who inherits property when someone dies without a valid will. When used in connection with real estate, the word refers to the passing of property by will or inheritance, as opposed to gift, grant, or purchase.

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.

INCOMPETENCE

The inability, as determined by a court, to handle one's own personal or financial affairs. A court may declare that a person is incompetent after a hearing at ... (more...)
The inability, as determined by a court, to handle one's own personal or financial affairs. A court may declare that a person is incompetent after a hearing at which the person is present and/or represented by an attorney. A finding of incompetence may lead to the appointment of a conservator to manage the person's affairs. Also known as 'incompetency.'

DEVISEE

A person or entity who inherits real estate under the terms of a will.

SAMPLE LEGAL CASES

Tzolis v. Wolff

... Chancellor Walworth applied to a joint stock corporation — then a fairly new kind of entity — a familiar principle of the law of trusts: that a beneficiary (or "cestui que trust") could bring suit on behalf of a trust when a faithless trustee refused to do so. ...

IN THE MATTER OF DE SANCHEZ

... In 1927, two years before the Great Depression, Elizabeth Laurent de Sanchez, whose family owned a sugar plantation in Cuba, set up seven inter vivos trusts for the benefit of her six children—Emilio (two trusts in his name), Jorge, Julio, Marcelo, Maria and Gabriela. ...

Matter of Mergenhagen

... as appealed from is unanimously reversed on the law without costs, 1487 the petitions are granted in part, the termination of trust dated October 10, 1994 is vacated, respondent David M. Mergenhagen is removed as trustee from the 1991 and 1994 irrevocable trusts, he is ...