Batavia Trusts Lawyer, New York

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Jacqueline A. Constantino

Wills & Probate, Trusts, Estate Planning, Estate
Status:  In Good Standing           

Judy M. Overholt

Wills, Wills & Probate, Trusts, Contract
Status:  In Good Standing           

Molly Sanders

General Practice
Status:  Retired           Licensed:  13 Years

Anastacia Suzanne Knapper

Trusts, Estate, Corporate
Status:  In Good Standing           Licensed:  24 Years

Howard Eric Berger

Trusts, Employee Rights, Corporate, Personal Injury, Construction
Status:  In Good Standing           Licensed:  43 Years

Racheal Christine Irizarry

Trusts, Business & Trade, Wills, Business
Status:  In Good Standing           Licensed:  23 Years

Kenneth F. Hunt

Tax, Trusts, Estate Planning, Family Law
Status:  In Good Standing           Licensed:  13 Years

Alice Accola Joseffer

Environmental Law Other, Employee Rights, Family Law, Banking & Finance, Trusts
Status:  In Good Standing           Licensed:  41 Years

John P Robshaw

Real Estate, Trusts, Estate Planning, Business Organization
Status:  In Good Standing           Licensed:  62 Years

Elizabeth Anne Ingold

Trusts, Estate, Elder Law, Personal Injury
Status:  In Good Standing           Licensed:  19 Years

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LEGAL TERMS

ADMINISTRATRIX

An outdated term for a female administrator -- the person appointed by a court to handle probate on behalf of someone who died without a will. Now, whether male... (more...)
An outdated term for a female administrator -- the person appointed by a court to handle probate on behalf of someone who died without a will. Now, whether male or female, this person is called the administrator.

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.

PREDECEASED SPOUSE

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

HEIR APPARENT

One who expects to be receive property from the estate of a family member, as long as she outlives that person.

LIFE BENEFICIARY

A person who receives benefits, under a trust or by will, for his or her lifetime. For an example, see AB trust.

KINDRED

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

PRETERMITTED HEIR

A child or spouse who is not mentioned in a will and whom the court believes was accidentally overlooked by the person who made the will. For example, a child b... (more...)
A child or spouse who is not mentioned in a will and whom the court believes was accidentally overlooked by the person who made the will. For example, a child born or adopted after the will is made may be deemed a pretermitted heir. If the court determines that an heir was accidentally omitted, that heir is entitled to receive the same share of the estate as she would have if the deceased had died without a will. A pretermitted heir is sometimes called an 'omitted heir.'

ESTATE TAXES

Taxes imposed by the state or federal government on property as it passes from the dead to the living. All property you own, whatever the form of ownership, and... (more...)
Taxes imposed by the state or federal government on property as it passes from the dead to the living. All property you own, whatever the form of ownership, and whether or not it goes through probate after your death, is subject to federal estate tax. Currently, however, federal estate tax is due only if your property is worth at least $2 million when you die. The estate tax is scheduled to be repealed for one year, in 2010, but Congress will probably make the repeal (or a very high exempt amount) permanent. Any property left to a surviving spouse (if he or she is a U.S. citizen) or a tax-exempt charity is exempt from federal estate taxes. Many states now also impose their own estate taxes or inheritance taxes.

PROVING A WILL

Convincing a probate court that a document is truly the deceased person's will. Usually this is a simple formality that the executor or administrator easily sat... (more...)
Convincing a probate court that a document is truly the deceased person's will. Usually this is a simple formality that the executor or administrator easily satisfies by showing that the will was signed and dated by the deceased person in front of two or more witnesses. When the will is holographic -- that is, completely handwritten by the deceased and not witnessed, it is still valid in many states if the executor can produce relatives and friends to testify that the handwriting is that of the deceased.

SAMPLE LEGAL CASES

Tzolis v. Wolff

... Chancellor Walworth applied to a joint stock corporation — then a fairly new kind of entity — a familiar principle of the law of trusts: that a beneficiary (or "cestui que trust") could bring suit on behalf of a trust when a faithless trustee refused to do so. ...

IN THE MATTER OF DE SANCHEZ

... In 1927, two years before the Great Depression, Elizabeth Laurent de Sanchez, whose family owned a sugar plantation in Cuba, set up seven inter vivos trusts for the benefit of her six children—Emilio (two trusts in his name), Jorge, Julio, Marcelo, Maria and Gabriela. ...

Matter of Mergenhagen

... as appealed from is unanimously reversed on the law without costs, 1487 the petitions are granted in part, the termination of trust dated October 10, 1994 is vacated, respondent David M. Mergenhagen is removed as trustee from the 1991 and 1994 irrevocable trusts, he is ...