East Rochester Wills & Probate Lawyer, New York

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Includes: Estate Administration, Living Wills, Wills

Jacqueline A. Constantino

Wills & Probate, Trusts, Estate Planning, Estate
Status:  In Good Standing *Status is reviewed annually. For latest information visit here           

Judy M. Overholt

Wills, Wills & Probate, Trusts, Contract
Status:  In Good Standing *Status is reviewed annually. For latest information visit here           

La Marr Jeanette Jackson

Wills & Probate, Divorce, Child Custody, Civil Rights
Status:  In Good Standing *Status is reviewed annually. For latest information visit here           

Eugene Vanvoorhis

International, Estate, Land Use & Zoning, Wills & Probate, Estate Planning
Status:  In Good Standing *Status is reviewed annually. For latest information visit here           Licensed:  67 Years

Judith Holender

Elder Law, Trusts, Estate Planning, Estate Administration
Status:  In Good Standing *Status is reviewed annually. For latest information visit here           Licensed:  41 Years

Warren Welch

Family Law, Wills & Probate, Premises Liability, Wrongful Death, Employment
Status:  In Good Standing *Status is reviewed annually. For latest information visit here           Licensed:  55 Years

David Clayton Pettig

General Practice
Status:  In Good Standing *Status is reviewed annually. For latest information visit here           Licensed:  47 Years

Jennifer Lee Montante Vigneri

Wills, Estate Planning, Bankruptcy, Personal Injury
Status:  In Good Standing *Status is reviewed annually. For latest information visit here           Licensed:  19 Years

Wallace F. Ashnault

Real Estate, Trusts, Wills & Probate
Status:  In Good Standing *Status is reviewed annually. For latest information visit here           Licensed:  67 Years

Peter M. Blauvelt

Wills & Probate, Trusts, Criminal, Personal Injury
Status:  In Good Standing *Status is reviewed annually. For latest information visit here           Licensed:  62 Years

Free Help: Use This Form or Call 800-814-6700

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LEGAL TERMS

INCOMPETENCE

The inability, as determined by a court, to handle one's own personal or financial affairs. A court may declare that a person is incompetent after a hearing at ... (more...)
The inability, as determined by a court, to handle one's own personal or financial affairs. A court may declare that a person is incompetent after a hearing at which the person is present and/or represented by an attorney. A finding of incompetence may lead to the appointment of a conservator to manage the person's affairs. Also known as 'incompetency.'

DISCHARGE (OF PROBATE ADMINISTRATOR)

A court order releasing the administrator or executor from any further duties connected with the probate of an estate. This typically occurs when the duties hav... (more...)
A court order releasing the administrator or executor from any further duties connected with the probate of an estate. This typically occurs when the duties have been completed but may happen sooner if the executor or administrator wishes to withdraw or is dismissed.

INVENTORY

A complete listing of all property owned by a deceased person at the time of death. The inventory is filed with the court during probate. The executor or admini... (more...)
A complete listing of all property owned by a deceased person at the time of death. The inventory is filed with the court during probate. The executor or administrator of the estate is responsible for making and filing the inventory.

REMAINDERMAN

Someone who will inherit property in the future. For instance, if someone dies and leaves his home 'to Alma for life, and then to Barry,' Barry is a remainderma... (more...)
Someone who will inherit property in the future. For instance, if someone dies and leaves his home 'to Alma for life, and then to Barry,' Barry is a remainderman because he will inherit the home in the future, after Alma dies.

TRUSTEE

The person who manages assets owned by a trust under the terms of the trust document. A trustee's purpose is to safeguard the trust and distribute trust income ... (more...)
The person who manages assets owned by a trust under the terms of the trust document. A trustee's purpose is to safeguard the trust and distribute trust income or principal as directed in the trust document. With a simple probate-avoidance living trust, the person who creates the trust is also the trustee.

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).

FINAL BENEFICIARY

The person or institution designated to receive trust property upon the death of a life beneficiary. For example, Jim creates a trust through which his wife Jan... (more...)
The person or institution designated to receive trust property upon the death of a life beneficiary. For example, Jim creates a trust through which his wife Jane receives income for the duration of her life. Their daughter, the final beneficiary, receives the trust principal after Jane's death.

SURROGATE COURT

See probate court.

RESIDUARY ESTATE

The property that remains in a deceased person's estate after all specific gifts are made, and all debts, taxes, administrative fees, probate costs, and court c... (more...)
The property that remains in a deceased person's estate after all specific gifts are made, and all debts, taxes, administrative fees, probate costs, and court costs are paid. The residuary estate also includes any gifts under a will that fail or lapse. For example, Connie's will leaves her house and all its furnishings to Andrew, her VW bug to her friend Carl, and the remainder of her property (the residuary estate) to her sister Sara. She doesn't name any alternate beneficiaries. Carl dies before Connie. The VW bug becomes part of the residuary estate and passes to Sara, along with all of Connie's property other than the house and furnishings. Also called the residual estate or residue.

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. ...

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