Niagara Falls Estate Planning Lawyer, New York

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Includes: Gift Taxation

William J Kita

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

Norman J. Mattar

Estate Planning, Personal Injury, Medical Malpractice, Car Accident
Status:  In Good Standing *Status is reviewed annually. For latest information visit here           

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John Robert Nuchereno

Elder Law, Estate Planning, Family Law
Status:  In Good Standing *Status is reviewed annually. For latest information visit here           Licensed:  47 Years

Jeffrey F. Voelkl

Landlord-Tenant, Estate Planning, Family Law, Corporate, Real Estate
Status:  In Good Standing *Status is reviewed annually. For latest information visit here           Licensed:  32 Years

Charles E. Milch

Estate Administration, Trusts, Gift Taxation, Estate Planning
Status:  In Good Standing *Status is reviewed annually. For latest information visit here           

Patrick Matthew Mcnelis

Education, Other, Estate Planning, Estate
Status:  In Good Standing *Status is reviewed annually. For latest information visit here           

Edward Charles Robinson

Visa, Estate Planning, Estate, Employment Discrimination, Elder Law
Status:  In Good Standing *Status is reviewed annually. For latest information visit here           

Jerry A. Gambino

Estate Planning, Labor Law, Employment, Family Law, Personal Injury
Status:  In Good Standing *Status is reviewed annually. For latest information visit here           Licensed:  41 Years

Stephen E. Cavanaugh

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

John P Robshaw

Real Estate, Trusts, Estate Planning, Business Organization, Education
Status:  In Good Standing *Status is reviewed annually. For latest information visit here           Licensed:  62 Years

Free Help: Use This Form or Call 800-943-8690

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800-943-8690

Free Help: Use This Form or Call 800-943-8690

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LEGAL TERMS

CREDIT SHELTER TRUST

See AB trust.

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.

INVESTOR

A person who makes investments. An investor may act either for herself or on behalf of others. A stock broker or mutual fund manager, for instance, makes invest... (more...)
A person who makes investments. An investor may act either for herself or on behalf of others. A stock broker or mutual fund manager, for instance, makes investments for others who have entrusted her with their money.

TAKING AGAINST THE WILL

A procedure under state law that gives a surviving spouse the right to demand a certain share (usually one-third to one-half) of the deceased spouse's property.... (more...)
A procedure under state law that gives a surviving spouse the right to demand a certain share (usually one-third to one-half) of the deceased spouse's property. The surviving spouse can take that share instead of accepting whatever he or she inherited through the deceased spouse's will. If the surviving spouse decides to take the statutory share, it's called 'taking against the will.' Dower and curtesy is another name for the same legal process.

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.

STATUTORY SHARE

The portion of a deceased person's estate that a spouse is entitled to claim under state law. The statutory share is usually one-third or one-half of the deceas... (more...)
The portion of a deceased person's estate that a spouse is entitled to claim under state law. The statutory share is usually one-third or one-half of the deceased spouse's property, but in some states the exact amount of the spouse's share depends on whether or not the couple has young children and, in a few states, on how long the couple was married. In most states, if the deceased spouse left a will, the surviving spouse must choose either what the will provides or the statutory share. Sometimes the statutory share is known by its more arcane legal name, dower and curtesy, or as a forced or elective share.

POUR-OVER WILL

A will that 'pours over' property into a trust when the will maker dies. Property left through the will must go through probate before it goes into the trust.

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.

SUCCESSOR TRUSTEE

The person or institution who takes over the management of trust property when the original trustee has died or become incapacitated.

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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