Johnsonville Wills & Probate Lawyer, New York

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Includes: Estate Administration, Living Wills, Wills

Bellanca J. Fletcher

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

Mary Theresa Colwell

Wills & Probate, Family Law, Constitutional Law, Banking & Finance
Status:  In Good Standing           

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Peter B. Jones

Real Estate, Commercial Real Estate, Residential Real Estate, Estate, Wills & Probate
Status:  In Good Standing           

Scott Lukowski

Family Law, Wills & Probate, Corporate, Wills
Status:  In Good Standing           

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James G. Brennan

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

Janet M. Thayer

Commercial Real Estate, Estate Administration, Elder Law, Business Organization
Status:  In Good Standing           

Matthew Brian McGinn

Education, Traffic, State and Local, Wills & Probate
Status:  In Good Standing           Licensed:  17 Years

Peter B. Jones

Wills & Probate, Commercial Real Estate, Residential Real Estate, Estate
Status:  In Good Standing           Licensed:  41 Years

Gary Sancilio

Estate Administration, Gift Taxation, Elder Law, Business Successions
Status:  In Good Standing           Licensed:  30 Years

Robert L. Beebe

Government Agencies, Wills & Probate, Employment, Family Law
Status:  In Good Standing           Licensed:  54 Years

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LEGAL TERMS

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).

PREDECEASED SPOUSE

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

INTESTATE

The condition of dying without a valid will. The probate court appoints an administrator to distribute the deceased person's property according to state law.

TAKING AGAINST THE WILL

A procedure under state law that gives a surviving spouse the right to demand a certain share (usually one-third to one-half) of the deceased spouse's property.... (more...)
A procedure under state law that gives a surviving spouse the right to demand a certain share (usually one-third to one-half) of the deceased spouse's property. The surviving spouse can take that share instead of accepting whatever he or she inherited through the deceased spouse's will. If the surviving spouse decides to take the statutory share, it's called 'taking against the will.' Dower and curtesy is another name for the same legal process.

SURVIVING SPOUSE'S TRUST

If a couple has created an AB trust, the revocable living trust (Trust B) of the surviving spouse, after the first spouse has died.

FUNDING A TRUST

Transferring ownership of property to a trust.

CREDIT SHELTER TRUST

See AB trust.

CURATOR

See conservator.

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.

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. ...