Madison Estate Planning Lawyer, New York

Sponsored Law Firm


Includes: Gift Taxation

Alison J. Steates

Real Estate, International Tax, Estate Planning, Estate
Status:  In Good Standing           Licensed:  45 Years

Brian Joseph Ehrhard

Estate Planning, Family Law, Divorce
Status:  In Good Standing           Licensed:  16 Years

Carl S. Dziekan

International Tax, Estate Planning, Estate, Business
Status:  In Good Standing           Licensed:  39 Years

David J Zumpano

Wills, Estate Planning, Estate, Elder Law
Status:  In Good Standing           Licensed:  32 Years

David Joseph Zumpano

Wills, Estate Planning, Estate, Elder Law
Status:  In Good Standing           

Elizabeth Ann Kenny

Estate Planning, Divorce & Family Law, Elder Law
Status:  In Good Standing           Licensed:  21 Years

Elizabeth Ann Evans

Other, Wills, Estate Planning, Estate
Status:  In Good Standing           Licensed:  16 Years

F Paul Steates

International Tax, Estate Planning, Estate
Status:  In Good Standing           Licensed:  45 Years

Geoffrey Alton Hampton

International Tax, Estate Planning, Elder Law, Business & Trade
Status:  In Good Standing           Licensed:  69 Years

Grant E. Johnson

Immigration, Estate Planning, Divorce, Bankruptcy
Status:  In Good Standing           Licensed:  66 Years

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

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800-943-8690

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LEGAL TERMS

SPENDTHRIFT TRUST

A trust created for a beneficiary the grantor considers irresponsible about money. The trustee keeps control of the trust income, doling out money to the benefi... (more...)
A trust created for a beneficiary the grantor considers irresponsible about money. The trustee keeps control of the trust income, doling out money to the beneficiary as needed, and sometimes paying third parties (creditors, for example) on the beneficiary's behalf, bypassing the beneficiary completely. Spendthrift trusts typically contain a provision prohibiting creditors from seizing the trust fund to satisfy the beneficiary's debts. These trusts are legal in most states, even though creditors hate them.

BENEFICIARY

A person or organization legally entitled to receive benefits through a legal device, such as a will, trust or life insurance policy.

PER CAPITA

Under a will, the most common method of determining what share of property each beneficiary gets when one of the beneficiaries dies before the willmaker, leavin... (more...)
Under a will, the most common method of determining what share of property each beneficiary gets when one of the beneficiaries dies before the willmaker, leaving children of his or her own. For example, Fred leaves his house jointly to his son Alan and his daughter Julie. But Alan dies before Fred, leaving two young children. If Fred's will states that heirs of a deceased beneficiary are to receive the property per capita, Julie and the two grandchildren will each take a third. If, on the other hand, Fred's will states that heirs of a deceased beneficiary are to receive the property per stirpes, Julie will receive one-half of the property, and Alan's two children will share his half in equal shares (through Alan by right of representation).

FUNDING A TRUST

Transferring ownership of property to a trust.

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.

NET ESTATE

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

TITLE COMPANY

A company that issues title insurance.

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.

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.

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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