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Adam Foster Katz Lawyer

Adam Foster Katz

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Estate, Wills & Probate, Trusts, Power of Attorney, Business

Katz Law Firm’s founder and managing partner, Adam Katz, is admitted to practice law in New York Supreme Court, Southern District, Eastern District ... (more)

Adelina D. Graham Lawyer

Adelina D. Graham

VERIFIED
Real Estate, Business, Litigation, Intellectual Property, Estate

Adelina Graham began her legal career in 2010 when she was admitted to the New York Bar, and has since then amassed a diverse range of legal experienc... (more)

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800-547-3161

Alexander Edward Sklavos Lawyer

Alexander Edward Sklavos

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Divorce & Family Law, Landlord-Tenant, Real Estate, Estate, Motor Vehicle

Our mission is to provide you, the client, with the highest level of representation in order to obtain the best result possible. From family law, cust... (more)

Alexander  Paykin Lawyer

Alexander Paykin

VERIFIED
Real Estate, Business, Lawsuit & Dispute, Estate, Litigation
Commercial and Real Estate Attorney handling Litigation, Transactions and General Counsel

At The Law Office of Alexander Paykin, P.C., each client is treated with the respect, attention, and expert legal care they deserve, while undergoing ... (more)

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800-747-9261

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Barton Lloyd Slavin Lawyer

Barton Lloyd Slavin

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Business, Personal Injury, Estate, Commercial Real Estate, Real Estate

With over thirty three (33) years as a practicing attorney Barton L. Slavin, Esq. leads a staff and network of experienced attorneys that meets both c... (more)

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800-427-7671

Charles Arthur Goldberger Lawyer

Charles Arthur Goldberger

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Personal Injury, Litigation, Land Use & Zoning, Estate, Arbitration

He is admitted to the New York State Bar; U.S. District Court, Southern District of New York, and U.S. Supreme Court. He has also been admitted in Con... (more)

Christine Thea  Rubinstein Lawyer

Christine Thea Rubinstein

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Estate, Elder Law, Wills & Probate, Foreclosure, Social Security -- Disability

Our Law firm is a full service practice specializing in the areas of Litigation, Elder Law & Estate Planning, Foreclosure Defense, Mortgage and Loan M... (more)

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800-960-1529

Elliot S. Gross Lawyer

Elliot S. Gross

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Real Estate, Estate

Elliot Gross proudly serves Rockville Centre, NY and the neighboring communities in the areas of Real Estate and Estate law.

Galiah Jeanette Harel Lawyer

Galiah Jeanette Harel

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Bankruptcy & Debt, Accident & Injury, Estate, Divorce & Family Law

Galiah Harel is a practicing lawyer in the state of New York. She received her J.D. from Nova Southeastern University College of Law. She currently wo... (more)

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718-676-7314

Giovanni P. Silvagni Lawyer

Giovanni P. Silvagni

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Elder Law, Estate, Medicare & Medicaid, Litigation, Power of Attorney

Elder Law and Estate Planning firm serving New York City and Long Island. We can help you to preserve your assets from nursing home bills, Probate, wh... (more)

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800-918-4240

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LEGAL TERMS

SELF-PROVING WILL

A will that is created in a way that allows a probate court to easily accept it as the true will of the person who has died. In most states, a will is self-prov... (more...)
A will that is created in a way that allows a probate court to easily accept it as the true will of the person who has died. In most states, a will is self-proving when two witnesses sign under penalty of perjury that they observed the willmaker sign it and that he told them it was his will. If no one contests the validity of the will, the probate court will accept the will without hearing the testimony of the witnesses or other evidence. To make a self-proving will in other states, the willmaker and one or more witnesses must sign an affidavit (sworn statement) before a notary public certifying that the will is genuine and that all willmaking formalities have been observed.

FAILURE OF ISSUE

A situation in which a person dies without children who could have inherited her property.

DISTRIBUTEE

(1) Anyone who receives something. Usually, the term refers to someone who inherits a deceased person's property. If the deceased person dies without a will (ca... (more...)
(1) Anyone who receives something. Usually, the term refers to someone who inherits a deceased person's property. If the deceased person dies without a will (called intestate), state law determines what each distributee will receive. Also called a beneficiary.

LIFE BENEFICIARY

A person who receives benefits, under a trust or by will, for his or her lifetime. For an example, see AB trust.

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.

POWER OF APPOINTMENT

The legal authority to decide who will receive someone else's property, usually property held in a trust. Most trustees can distribute the income from a trust o... (more...)
The legal authority to decide who will receive someone else's property, usually property held in a trust. Most trustees can distribute the income from a trust only according to the terms of the trust, but a trustee with a power of appointment can choose the beneficiaries, sometimes from a list of candidates specified by the grantor. For example, Karin creates a trust with power of appointment to benefit either the local art museum, symphony, library or park, depending on the trustee's assessment of need.

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.'

LIVING TRUST

A trust you can set up during your life. Living trusts are an excellent way to avoid the cost and hassle of probate because the property you transfer into the t... (more...)
A trust you can set up during your life. Living trusts are an excellent way to avoid the cost and hassle of probate because the property you transfer into the trust during your life passes directly to the trust beneficiaries after you die, without court involvement. The successor trustee--the person you appoint to handle the trust after your death--simply transfers ownership to the beneficiaries you named in the trust. Living trusts are also called 'inter vivos trusts.'

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.

SAMPLE LEGAL CASES

Step-Murphy, LLC v. B&B Brothers Real Estate Corp.

In 1986 Markatos Realtors, Inc. (hereinafter Markatos), Rutger's immediate predecessor in interest, along with Brookside Park Properties, Inc., the defendant's predecessor in interest, executed a written indenture providing, among other things, for mutual easements designating 12 ...

Colasacco v. Robert E. Lawrence Real Estate

In October 2002 the defendant Christopher DiCorato, a real estate agent employed by the defendant Robert E. Lawrence Real Estate (hereinafter Lawrence, and hereinafter together the defendants), met with the plaintiffs and showed them a parcel of vacant property that was ...

Kerusa Co. LLC v. W10Z/515 Real Estate Ltd. Partnership

In any event, plaintiff fails, as a matter of law, to demonstrate any injury for which it is entitled to hold defendant sponsors liable. Although the purchase agreement obligated defendant sponsors to provide plaintiff with a building and unit constructed "in a good and workman-like ...