Wells Wills & Probate Lawyer, New York

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Includes: Estate Administration, Living Wills, Wills

Jeremiah Wood

Farms, Estate Administration, Divorce, Child Support
Status:  In Good Standing           

David R. Seward

Banking & Finance, Corporate, Contract, Estate Administration
Status:  In Good Standing           Licensed:  50 Years

Robert S. Mcmillen

Real Estate, Estate Administration, Estate Planning, Corporate
Status:  In Good Standing           

James Robert Burkett

Tax, Estate Administration, Estate Planning, Elder Law
Status:  In Good Standing           

Elisabeth Brodie Mahoney

Estate Administration, Estate Planning, Elder Law, Corporate
Status:  In Good Standing           

Timothy Joseph Alden

Real Estate, Wills & Probate, Trusts, Estate
Status:  In Good Standing           Licensed:  43 Years

Patricia Ellen Watkins

Real Estate, Estate Administration, Estate Planning, Elder Law
Status:  In Good Standing           

John D. Leggett

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

Michael Andrew Castle

Wills & Probate, Divorce, Business Organization, Personal Injury
Status:  In Good Standing           Licensed:  45 Years

Jacquelyn M. Asnoe

Real Estate, Wills & Probate, Trusts
Status:  In Good Standing           Licensed:  43 Years

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LEGAL TERMS

IN TERROREM

Latin meaning 'in fear.' This phrase is used to describe provisions in contracts or wills meant to scare a person into complying with the terms of the agreement... (more...)
Latin meaning 'in fear.' This phrase is used to describe provisions in contracts or wills meant to scare a person into complying with the terms of the agreement. For example, a will might state that an heir will forfeit her inheritance if she challenges the validity of the will. Of course, if the will is challenged and found to be invalid, then the clause itself is also invalid and the heir takes whatever she would have inherited if there were no will.

SPECIAL ADMINISTRATOR

(1) In the law of wills and estates, a person appointed by the court to take charge of only a designated portion of an estate during probate. For example, a spe... (more...)
(1) In the law of wills and estates, a person appointed by the court to take charge of only a designated portion of an estate during probate. For example, a special administrator with particular expertise on art might be appointed to oversee the probate of a wealthy person's art collection, but not the entire estate. (2) A person appointed to be responsible for a deceased person's property for a limited time or during an emergency, such as a challenge to the will or to the qualifications of the named executor. In such cases, the special administrator's duty is to maintain and preserve the estate, not necessarily to take control of the probate process

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.

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.

GENERATION-SKIPPING TRUST

A trust designed to save on estate tax. The trust principal is preserved for the trust maker's grandchildren, with his or her children receiving only income fro... (more...)
A trust designed to save on estate tax. The trust principal is preserved for the trust maker's grandchildren, with his or her children receiving only income from the trust. Because the children (the middle generation) never legally own the property, it isn't subject to estate tax at their death. See generation-skipping transfer tax.

BENEFICIARY

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

NET ESTATE

The value of all property owned at death less liabilities or debts.

DEED OF TRUST

See trust deed.

INVESTOR

A person who makes investments. An investor may act either for herself or on behalf of others. A stock broker or mutual fund manager, for instance, makes invest... (more...)
A person who makes investments. An investor may act either for herself or on behalf of others. A stock broker or mutual fund manager, for instance, makes investments for others who have entrusted her with their money.

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. ...