East Worcester Estate Planning Lawyer, New York

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Includes: Gift Taxation

Timothy F Wilkens

Real Estate, Estate Planning, Environmental Law, Family Law
Status:  In Good Standing *Status is reviewed annually. For latest information visit here           

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Timothy Johnson

Landlord-Tenant, Elder Law, Estate Planning, Business
Status:  In Good Standing *Status is reviewed annually. For latest information visit here           

Ryan Frederick Coutlee

Health Care, Wills & Probate, Estate Planning, Elder Law
Status:  In Good Standing *Status is reviewed annually. For latest information visit here           Licensed:  22 Years

Richard A. Harlem

Real Estate, Estate, Estate Planning
Status:  In Good Standing *Status is reviewed annually. For latest information visit here           Licensed:  42 Years

Christopher John Dodd

International, Gift Taxation, Public Finance, Securities, Banking & Finance
Status:  Deceased *Status is reviewed annually. For latest information visit here           Licensed:  23 Years

Nancy B. Prior

Real Estate, Federal Appellate Practice, Estate Planning, Estate
Status:  In Good Standing *Status is reviewed annually. For latest information visit here           Licensed:  41 Years

Jeffrey N. Rheinhardt

Medicare & Medicaid, Wills & Probate, Estate Planning, Elder Law, Personal Injury
Status:  In Good Standing *Status is reviewed annually. For latest information visit here           Licensed:  43 Years

Robert Weeden Applegate

Commercial Real Estate, Estate Planning, Municipal, Private Schools
Status:  In Good Standing *Status is reviewed annually. For latest information visit here           Licensed:  45 Years

Donald Austin Odell

Commercial Real Estate, Estate Planning
Status:  In Good Standing *Status is reviewed annually. For latest information visit here           Licensed:  65 Years

Gerard J. Snyder

Real Estate, Estate Planning, Estate, Elder Law
Status:  In Good Standing *Status is reviewed annually. For latest information visit here           Licensed:  43 Years

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

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800-943-8690

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LEGAL TERMS

NET ESTATE

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

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.

LETTERS TESTAMENTARY

The document given to an executor by the probate court, authorizing the executor to settle the estate according to either a will or the state's intestate succes... (more...)
The document given to an executor by the probate court, authorizing the executor to settle the estate according to either a will or the state's intestate succession laws.

ADMINISTRATION (OF AN ESTATE)

The court-supervised distribution of the probate estate of a deceased person. If there is a will that names an executor, that person manages the distribution. I... (more...)
The court-supervised distribution of the probate estate of a deceased person. If there is a will that names an executor, that person manages the distribution. If not, the court appoints someone, who is generally known as the administrator. In some states, the person is called the 'personal representative' in either instance.

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.

BEQUEATH

A legal term sometimes used in wills that means 'leave' -- for example, 'I bequeath my garden tools to my brother-in-law, Buster Jenkins.'

CREDIT SHELTER TRUST

See AB trust.

CERTIFIED COPY

A copy of a document issued by a court or government agency guaranteed to be a true and exact copy of the original. Many agencies and institutions require certi... (more...)
A copy of a document issued by a court or government agency guaranteed to be a true and exact copy of the original. Many agencies and institutions require certified copies of legal documents before permitting certain transactions. For example, a certified copy of a death certificate is required before a bank will release the funds in a deceased person's payable-on-death account to the person who has inherited them.

RULE AGAINST PERPETUITIES

An exceedingly complex legal doctrine that limits the amount of time that property can be controlled after death by a person's instructions in a will. For examp... (more...)
An exceedingly complex legal doctrine that limits the amount of time that property can be controlled after death by a person's instructions in a will. For example, a person would not be allowed to leave property to her husband for his life, then to her children for their lives, then to her grandchildren. The gift would potentially go to the grandchildren at a point too remote in time.

SAMPLE LEGAL CASES

Schneider v. Finmann

... maintain an action for legal malpractice. We now reverse and reinstate plaintiff's claim. Strict privity, as applied in the context of estate planning malpractice actions, is a minority rule in the United States. [1] In New York, a third ...

Fielding v. Kupferman

... The documents at issue in Bishop were estate planning instruments executed by the plaintiff who believed that he was giving his wife a life estate and was not limiting his access to his life savings (Bishop, 33 AD3d 497, 501 [2006], affd 9 NY3d 910 [2007]). ...

Kram Knarf, LLC v. Djonovic

... The client's malpractice complaint was silent as to how the attorneys misled him, what they failed to explain to him concerning the estate planning documents he executed, and which of his instructions those documents did not reflect (33 AD3d at 498-499). ...

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