Fultonham 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

Timothy F Wilkens

Real Estate, Estate Planning, Environmental Law, Family Law

Status: In Good Standing

FREE CONSULTATION

CONTACT

215 State Street, Schenectady, NY 12301

John L. Orfan

Estate Planning, Real Estate, Litigation, Personal Injury

Status: In Good Standing

FREE CONSULTATION

CONTACT

100 Great Oaks Boulevard, Albany, NY 12203

Michael E Cusack

Estate Planning, Environmental Law, Contract, Business Organization

Status: In Good Standing

CONTACT

Executive Woods, 5 Palisades Drive, Albany, NY 12205

Sonya del Peral

Corporate, Education, Estate Planning, Intellectual Property

Status: In Good Standing

CONTACT

Executive Woods, 5 Palisades Drive, Albany, NY 12205

Morgen M. Bowers

Corporate, Education, Estate Planning, Intellectual Property

Status: In Good Standing

CONTACT

Executive Woods, 5 Palisades Drive, Albany, NY 12205

James P. Milstein

Criminal, DUI-DWI, Elder Law, Estate Planning

Status: In Good Standing

CONTACT

293 Washington Avenue, Albany, NY 12206

Susan B. Milstein

Farms, Estate Planning, Child Support, Criminal

Status: In Good Standing

CONTACT

293 Washington Avenue, Albany, NY 12206

Mark L. Koblenz

Business Organization, Elder Law, Estate Planning, Freedom of Religion

Status: In Good Standing

FREE CONSULTATION

CONTACT

20 Corporate Woods Boulevard, Albany, NY 12211

James G. Brennan

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

Status: In Good Standing

CONTACT

39 North Pearl Street, Albany, NY 12207

Theresa Marinello Ries

Real Estate, Trusts, Estate Planning, Elder Law

Status: In Good Standing

CONTACT

930 Albany Shaker Road, Latham, NY 12110

800-923-0641

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LEGAL TERMS

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.

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.

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.

FINAL BENEFICIARY

The person or institution designated to receive trust property upon the death of a life beneficiary. For example, Jim creates a trust through which his wife Jan... (more...)

The person or institution designated to receive trust property upon the death of a life beneficiary. For example, Jim creates a trust through which his wife Jane receives income for the duration of her life. Their daughter, the final beneficiary, receives the trust principal after Jane's death.

REMAINDERMAN

Someone who will inherit property in the future. For instance, if someone dies and leaves his home 'to Alma for life, and then to Barry,' Barry is a remainderma... (more...)

Someone who will inherit property in the future. For instance, if someone dies and leaves his home 'to Alma for life, and then to Barry,' Barry is a remainderman because he will inherit the home in the future, after Alma dies.

SWEARING MATCH

A case that turns on the word of one witness versus another. The outcome of a swearing match usually depends on whom the jury finds most trustworthy.

DEED OF TRUST

See trust deed.

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).

DOWER AND CURTESY

A surviving spouse's right to receive a set portion of the deceased spouse's estate -- usually one-third to one-half. Dower (not to be confused with a 'dowry') ... (more...)

A surviving spouse's right to receive a set portion of the deceased spouse's estate -- usually one-third to one-half. Dower (not to be confused with a 'dowry') refers to the portion to which a surviving wife is entitled, while curtesy refers to what a man may claim. Until recently, these amounts differed in a number of states. However, because discrimination on the basis of sex is now illegal in most cases, most states have abolished dower and curtesy and generally provide the same benefits regardless of sex -- and this amount is often known simply as the statutory share. Under certain circumstances, a living spouse may not be able to sell or convey property that is subject to the other spouse's dower and curtesy or statutory share rights.

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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Fultonham Estate Planning Lawyer, New York

Sponsored Law Firm

Ballon Stoll PC

SPONSORED LAWYERS

Timothy F Wilkens

John L. Orfan

Michael E Cusack

Sonya del Peral

Morgen M. Bowers

James P. Milstein

Susan B. Milstein

Mark L. Koblenz

James G. Brennan

Theresa Marinello Ries

TIPS

LEGAL TERMS

BYPASS TRUST

EXEMPTION TRUST

SELF-PROVING WILL

FINAL BENEFICIARY

REMAINDERMAN

SWEARING MATCH

DEED OF TRUST

PER CAPITA

DOWER AND CURTESY

SAMPLE LEGAL CASES

Schneider v. Finmann

Fielding v. Kupferman

Kram Knarf, LLC v. Djonovic

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