New York County, NY Wills & Probate Lawyers

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Kamilla  Mishiyeva Lawyer
Kamilla Mishiyeva
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Kamilla Mishiyeva

Kamilla Mishiyeva 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, Estate Administration, Elder Law, Real Estate, Sales & Use Tax
Our law firm specializes in estate planning, probate, and estate administration.

Mishiyeva Law, PLLC., is a law firm focusing on estate planning, probate, and estate administration. We service the hardworking individuals of New Yor... (more)

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Robert Stephen Sikorski Lawyer

Robert Stephen Sikorski

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Wills & Probate, Real Estate, International Other, International Arbitration

At Busson & Sikorski, P.C., we know that you deserve the best legal advocates possible. Whether you're looking for an immigration lawyer in NYC or adv... (more)

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David Matthew Doré Lawyer

David Matthew Doré

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Accident & Injury, Personal Injury, Wrongful Death, Slip & Fall Accident, Wills & Probate

The Law Offices of David M. Doré, P.C. is a litigation firm. Mr. Dore’s experience included consultation with attorneys on procedural rules for Fed... (more)

Valerie A. Burg

Gift Taxation, Estate Administration, Wills & Probate, Trusts
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A. Mitchell Greene

Business Organization, Wills & Probate, Corporate, Estate Planning
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A. Jude Avelino

Business Successions, Elder Law, Gift Taxation, Estate Administration
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Robert S List

Wills & Probate, Transportation & Shipping, Civil Rights, Wills
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Leslie J. Wilsher

Estate Planning, Living Wills, Power of Attorney, Prenuptial Agreements
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R. David Ades

Estate Administration, Natural Resources, Employment, Directors & Officers
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Lisa Mendelson Hecht

Corporate, Business Organization, Estate Administration, Intellectual Property
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LEGAL TERMS

PROBATE COURT

A specialized court or division of a state trial court that considers only cases concerning the distribution of deceased persons' estate. Called 'surrogate cour... (more...)
A specialized court or division of a state trial court that considers only cases concerning the distribution of deceased persons' estate. Called 'surrogate court' in New York and several other states, this court normally examines the authenticity of a will -- or if a person dies intestate, figures out who receives her property under state law. It then oversees a procedure to pay the deceased person's debts and to distribute her assets to the proper inheritors. See probate.

POWER OF APPOINTMENT

The legal authority to decide who will receive someone else's property, usually property held in a trust. Most trustees can distribute the income from a trust o... (more...)
The legal authority to decide who will receive someone else's property, usually property held in a trust. Most trustees can distribute the income from a trust only according to the terms of the trust, but a trustee with a power of appointment can choose the beneficiaries, sometimes from a list of candidates specified by the grantor. For example, Karin creates a trust with power of appointment to benefit either the local art museum, symphony, library or park, depending on the trustee's assessment of need.

PROBATE

The court process following a person's death that includes proving the authenticity of the deceased person's will appointing someone to handle the deceased pers... (more...)
The court process following a person's death that includes proving the authenticity of the deceased person's will appointing someone to handle the deceased person's affairs identifying and inventorying the deceased person's property paying debts and taxes identifying heirs, and distributing the deceased person's property according to the will or, if there is no will, according to state law. Formal court-supervised probate is a costly, time-consuming process -- a windfall for lawyers -- which is best avoided if possible.

QTIP TRUST

A type of trust for wealthy married couples that allows a surviving spouse to postpone estate taxes. A QTIP trust allows the surviving spouse to make use of the... (more...)
A type of trust for wealthy married couples that allows a surviving spouse to postpone estate taxes. A QTIP trust allows the surviving spouse to make use of the trust property tax-free. Taxes are deferred until the surviving spouse dies and the trust property is received by the final trust beneficiaries, who were named by the first spouse to die.

KINDRED

Under some state's probate codes, all relatives of a deceased person.

REAL ESTATE AGENT

A foot soldier of the real estate business who shows houses and does most of the other nitty-gritty tasks associated with selling real estate. An agent must hav... (more...)
A foot soldier of the real estate business who shows houses and does most of the other nitty-gritty tasks associated with selling real estate. An agent must have a state license and be supervised by a real estate broker. Most agents are completely dependent upon commissions from sellers for their income, so it pays to find out which side the agent represents (buyer, seller or both) before you place too much trust in the agent's opinion.

WILL

A document in which you specify what is to be done with your property when you die and name your executor. You can also use your will to name a guardian for you... (more...)
A document in which you specify what is to be done with your property when you die and name your executor. You can also use your will to name a guardian for your young children.

TRUST DEED

The most common method of financing real estate purchases in California (most other states use mortgages). The trust deed transfers the title to the property to... (more...)
The most common method of financing real estate purchases in California (most other states use mortgages). The trust deed transfers the title to the property to a trustee -- often a title company -- who holds it as security for a loan. When the loan is paid off, the title is transferred to the borrower. The trustee will not become involved in the arrangement unless the borrower defaults on the loan. At that point, the trustee can sell the property and pay the lender from the proceeds.

FAMILY POT TRUST

See pot trust.

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. ...