Dalton Trusts Lawyer, New York

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Howard Eric Berger

Trusts, Employee Rights, Corporate, Personal Injury, Construction
Status:  In Good Standing *Status is reviewed annually. For latest information visit here           Licensed:  43 Years

Heidi W. Feinberg

Trusts, Estate Planning, Elder Law
Status:  In Good Standing *Status is reviewed annually. For latest information visit here           Licensed:  22 Years

James Timothy Embser

Trusts, Estate Planning, Construction, Housing & Urban Development
Status:  In Good Standing *Status is reviewed annually. For latest information visit here           Licensed:  64 Years

David Christopher Sieling

Personal Injury, Trusts, Litigation, Estate
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Molly Sanders

General Practice
Status:  Retired *Status is reviewed annually. For latest information visit here           Licensed:  13 Years

Racheal Christine Irizarry

Trusts, Business & Trade, Wills, Business
Status:  In Good Standing *Status is reviewed annually. For latest information visit here           Licensed:  23 Years

Adam Brunner

Trusts, Commercial Real Estate, Estate Planning, Wills
Status:  In Good Standing *Status is reviewed annually. For latest information visit here           Licensed:  17 Years

Amanda Heusner Klier

International, Trusts, Estate
Status:  In Good Standing *Status is reviewed annually. For latest information visit here           Licensed:  17 Years

David Michael Mehalick

Trusts, Employee Rights, Corporate, Business
Status:  In Good Standing *Status is reviewed annually. For latest information visit here           Licensed:  43 Years

Jacqueline A. Constantino

Trusts, Estate, Business
Status:  In Good Standing *Status is reviewed annually. For latest information visit here           Licensed:  33 Years

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LEGAL TERMS

INTER VIVOS TRUST

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

DEVISEE

A person or entity who inherits real estate under the terms of a will.

NONPROBATE

The distribution of a deceased person's property by any means other than probate. Many types of property pass free of probate, including property left to a surv... (more...)
The distribution of a deceased person's property by any means other than probate. Many types of property pass free of probate, including property left to a surviving spouse and property left outside of a will through probate-avoidance methods such as pay-on-death designations, joint tenancy ownership, living trusts and life insurance. Property that avoids probate is sometimes described as the 'nonprobate estate.' Nonprobate distribution may also occur if the deceased person leaves an invalid will. In that case, property will pass according to the particular state's laws of intestate succession.

SUCCESSION

The passing of property or legal rights after death. The word commonly refers to the distribution of property under a state's intestate succession laws, which d... (more...)
The passing of property or legal rights after death. The word commonly refers to the distribution of property under a state's intestate succession laws, which determine who inherits property when someone dies without a valid will. When used in connection with real estate, the word refers to the passing of property by will or inheritance, as opposed to gift, grant, or purchase.

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.

EXEMPTION TRUST

A bypass trust funded with an amount no larger than the personal federal estate tax exemption in the year of death. If the trust grantor leaves property worth m... (more...)
A bypass trust funded with an amount no larger than the personal federal estate tax exemption in the year of death. If the trust grantor leaves property worth more than that amount, it usually goes to the surviving spouse. The trust property passes free from estate tax because of the personal exemption, and the rest is shielded from tax under the surviving spouse's marital deduction.

SURROGATE COURT

See probate court.

GRANTOR

Someone who creates a trust. Also called a trustor or settlor.

DOWER AND CURTESY

A surviving spouse's right to receive a set portion of the deceased spouse's estate -- usually one-third to one-half. Dower (not to be confused with a 'dowry') ... (more...)
A surviving spouse's right to receive a set portion of the deceased spouse's estate -- usually one-third to one-half. Dower (not to be confused with a 'dowry') refers to the portion to which a surviving wife is entitled, while curtesy refers to what a man may claim. Until recently, these amounts differed in a number of states. However, because discrimination on the basis of sex is now illegal in most cases, most states have abolished dower and curtesy and generally provide the same benefits regardless of sex -- and this amount is often known simply as the statutory share. Under certain circumstances, a living spouse may not be able to sell or convey property that is subject to the other spouse's dower and curtesy or statutory share rights.

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 ...

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