Hyde Park Wills & Probate Lawyer, New York

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Includes: Estate Administration, Living Wills, Wills

Michel P. Haggerty

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

Amee Christine Vantassell

Real Estate, Criminal, Family Law, Wills & Probate
Status:  Inactive           Licensed:  19 Years

Antony Murad Eminowicz

Power of Attorney, Health Care Other, Living Wills, Elder Law
Status:  In Good Standing           Licensed:  10 Years

Carol Kimberely Morgan

Criminal, Divorce & Family Law, Wills, Personal Injury
Status:  In Good Standing           Licensed:  22 Years

Christine H. Guido

Immigration, Wills & Probate, Divorce & Family Law, Civil & Human Rights
Status:  In Good Standing           Licensed:  27 Years

Daniel G. Heppner

Landlord-Tenant, Litigation, Wills & Probate, Civil & Human Rights
Status:  In Good Standing           Licensed:  49 Years

Daren Allen Webber

Real Estate Other, Dispute Resolution, Wills & Probate, Adoption
Status:  Suspended           Licensed:  22 Years

Drew Alexander Chisholm

Social Security -- Disability, Social Security, Wills & Probate, Workers' Compensation, Personal Injury
Status:  In Good Standing           Licensed:  8 Years

Gerald L. Wapner

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

Jessica Z. Segal

Wills, Family Law, Business & Trade, Personal Injury
Status:  In Good Standing           Licensed:  25 Years

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Free Help: Use This Form or Call 800-943-8690

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LEGAL TERMS

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.

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.

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).

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.

INTESTATE SUCCESSION

The method by which property is distributed when a person dies without a valid will. Each state's law provides that the property be distributed to the closest s... (more...)
The method by which property is distributed when a person dies without a valid will. Each state's law provides that the property be distributed to the closest surviving relatives. In most states, the surviving spouse, children, parents, siblings, nieces and nephews, and next of kin inherit, in that order.

HEIR AT LAW

A person entitled to inherit property under intestate succession laws.

PREDECEASED SPOUSE

In the law of wills, a spouse who dies before the will maker while still married to him or her.

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.

PUBLISHED WORK

An original work of authorship that is considered published for purposes of copyright law. A work is 'published' when it is first made available to the public o... (more...)
An original work of authorship that is considered published for purposes of copyright law. A work is 'published' when it is first made available to the public on an unrestricted basis. It is thus possible to display a work, or distribute it with restrictions on disclosure of its contents, without actually 'publishing' it. Both published and unpublished works are entitled to copyright protection, but some of the rules differ.

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. ...