Lagrangeville Estate Planning Lawyer, New York

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Includes: Gift Taxation

Gerald A. Vergilis

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

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Neil Vanderwoude

Divorce & Family Law, Employment, Family Law, Divorce, Estate Planning
Status:  In Good Standing *Status is reviewed annually. For latest information visit here           Licensed:  17 Years

Robert L. Ostertag

Estate Administration, Estate Planning, Corporate, Business Organization, Lawsuit & Dispute
Status:  In Good Standing *Status is reviewed annually. For latest information visit here           Licensed:  68 Years

Jana M. Schopfer

Farms, Estate Planning, Family Law, Divorce
Status:  In Good Standing *Status is reviewed annually. For latest information visit here           Licensed:  18 Years

Karen P. MacNish

Real Estate, Litigation, Estate Planning, Family Law, Wills
Status:  In Good Standing *Status is reviewed annually. For latest information visit here           Licensed:  26 Years

Robert B. Dietz

Wills & Probate, Trusts, Estate Planning, Business Organization, Real Estate
Status:  In Good Standing *Status is reviewed annually. For latest information visit here           Licensed:  57 Years

Robert Stephen Levine

Commercial Real Estate, Estate Planning, Business & Trade, Personal Injury
Status:  In Good Standing *Status is reviewed annually. For latest information visit here           Licensed:  50 Years

Thomas Edward Dietz

Real Estate, Trusts, Estate Planning, Family Law
Status:  In Good Standing *Status is reviewed annually. For latest information visit here           Licensed:  31 Years

Julie Patricia Raines

General Practice
Status:  Inactive *Status is reviewed annually. For latest information visit here           

Gregory D. Supple

Real Estate, Wills & Probate, Estate Planning, Elder Law, Lawsuit
Status:  In Good Standing *Status is reviewed annually. For latest information visit here           Licensed:  48 Years

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

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800-943-8690

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LEGAL TERMS

TESTAMENTARY TRUST

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

LAPSE

Under a will, the failure of a gift of property. A gift lapses when the beneficiary dies before the person who made the will, and no alternate has been named. S... (more...)
Under a will, the failure of a gift of property. A gift lapses when the beneficiary dies before the person who made the will, and no alternate has been named. Some states have anti-lapse statutes, which prevent gifts to relatives of the deceased person from lapsing unless the relative has no heirs of his or her own. A lapsed gift becomes part of the residuary estate.

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.

ENTITY

An organization, institution or being that has its own existence for legal or tax purposes. An entity is often an organization with an existence separate from i... (more...)
An organization, institution or being that has its own existence for legal or tax purposes. An entity is often an organization with an existence separate from its individual members--for example, a corporation, partnership, trust, estate or government agency. The entity is treated like a person; it can function legally, be sued, and make decisions through agents.

DEED OF TRUST

See trust deed.

DEATH TAXES

Taxes levied at death, based on the value of property left behind. Federal death taxes are called estate taxes. Some states levy inheritance taxes on people who... (more...)
Taxes levied at death, based on the value of property left behind. Federal death taxes are called estate taxes. Some states levy inheritance taxes on people who inherit property.

BANKRUPTCY ESTATE

All of the property you own when you file for bankruptcy, except for most pensions and educational trusts. The trustee technically takes control of your bankrup... (more...)
All of the property you own when you file for bankruptcy, except for most pensions and educational trusts. The trustee technically takes control of your bankruptcy estate for the duration of your case.

SWEARING MATCH

A case that turns on the word of one witness versus another. The outcome of a swearing match usually depends on whom the jury finds most trustworthy.

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

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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