Champlain Wills & Probate Lawyer, New York

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Includes: Estate Administration, Living Wills, Wills

William A. Favreau

Landlord-Tenant, Traffic, Wills & Probate, Bankruptcy
Status:  In Good Standing           Licensed:  41 Years

James William Clute

Landlord-Tenant, Wills, Family Law, Personal Injury
Status:  In Good Standing           Licensed:  50 Years

Kevin L. Peryer

Estate, Divorce & Family Law
Status:  In Good Standing           Licensed:  41 Years

James E. Keable

Government, Estate, Divorce & Family Law, Business
Status:  In Good Standing           Licensed:  66 Years

Ara Asadourian

Real Estate, Estate, Divorce & Family Law
Status:  In Good Standing           Licensed:  62 Years

Thomas Michael Murnane

Real Estate, Government, Estate, Criminal
Status:  In Good Standing           

Andrew John Wylie

Health Care, Estate, Divorce & Family Law, Accident & Injury
Status:  In Good Standing           Licensed:  37 Years

Gary L. Favro

Real Estate, Estate, Business
Status:  In Good Standing           Licensed:  48 Years

Andrew D. Brockway

Education, Lawsuit & Dispute, Estate, Divorce & Family Law, Divorce
Status:  In Good Standing           

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Michael C. Thompson

Estate, Business
Status:  In Good Standing           Licensed:  48 Years

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LEGAL TERMS

CURATOR

See conservator.

TESTAMENTARY TRUST

A trust created by a will, effective only upon the death of the willmaker.

INHERITANCE TAXES

Taxes some states impose on people or organizations who inherit property from a deceased person's estate. The taxes are based on the value of the inherited prop... (more...)
Taxes some states impose on people or organizations who inherit property from a deceased person's estate. The taxes are based on the value of the inherited property.

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).

MARITAL LIFE ESTATE TRUST

See AB trust.

INTER VIVOS TRUST

The Latin name, favored by some lawyers, for a living trust. 'Inter vivos' is Latin for 'between the living.'

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.

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.

AB TRUST

A trust that allows couples to reduce or avoid estate taxes. Each spouse puts his or her property in an AB trust. When the first spouse dies, his or her half of... (more...)
A trust that allows couples to reduce or avoid estate taxes. Each spouse puts his or her property in an AB trust. When the first spouse dies, his or her half of the property goes to the beneficiaries named in the trust -- commonly, the grown children of the couple -- with the crucial condition that the surviving spouse has the right to use the property for life and is entitled to any income it generates. The surviving spouse may even be allowed to spend principal in certain circumstances. When the surviving spouse dies, the property passes to the trust beneficiaries. It is not considered part of the second spouse's estate for estate tax purposes. Using this kind of trust keeps the second spouse's taxable estate half the size it would be if the property were left directly to the spouse. This type of trust is also known as a bypass or credit shelter 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. ...