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New York Trusts Lawyer, New York


Michael Frederick Schwartz Lawyer

Michael Frederick Schwartz

VERIFIED
Commercial Real Estate, Litigation, Trusts, Real Estate, Estate

Michael F. Schwartz, Esq. is a practicing attorney with almost forty years of experience. His expertise is in residential and commercial real estate, ... (more)

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800-917-7450

Irina  Yadgarova Lawyer

Irina Yadgarova

VERIFIED
Estate, Wills & Probate, Trusts, Elder Law
Providing outstanding legal services and counsel in theareas of Estate, Probate and Elder Law.

Attorney Irina Yadgarova focuses her practice on Trusts & Estates, Probate & Administration, Elder Law, and Real Estate. She is licensed to practice l... (more)

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800-765-5171

Adam Foster Katz Lawyer

Adam Foster Katz

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

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)

Ronald E. Stiskin Lawyer

Ronald E. Stiskin

VERIFIED
Estate Planning, Trusts, Wills & Probate, Disability, Special Education
Long term care & estate planning, & also representing children with disabilities and their families.

Ronald E. Stiskin is passionate about assisting families and individuals in transition. Whether securing educational services for children with specia... (more)

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Jacob M. Dyckman

Business Organization, Estate Planning, Real Estate, Trusts
Status:  In Good Standing           

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Avron I. Brog

Business Organization, Estate Planning, Trusts, Tax
Status:  In Good Standing           

Valerie A. Burg

Gift Taxation, Estate Administration, Wills & Probate, Trusts, Wills
Status:  In Good Standing           

Ronny Buni

International, Workers' Compensation, Ethics, Contract, Trusts
Status:  In Good Standing           

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Angelo Michael Grasso

Estate Planning, Litigation, Wills & Probate, Trusts, Wills
Status:  In Good Standing           

Anne C. Bederka

Litigation, Trusts, Wills
Status:  In Good Standing           

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LEGAL TERMS

REAL ESTATE AGENT

A foot soldier of the real estate business who shows houses and does most of the other nitty-gritty tasks associated with selling real estate. An agent must hav... (more...)
A foot soldier of the real estate business who shows houses and does most of the other nitty-gritty tasks associated with selling real estate. An agent must have a state license and be supervised by a real estate broker. Most agents are completely dependent upon commissions from sellers for their income, so it pays to find out which side the agent represents (buyer, seller or both) before you place too much trust in the agent's opinion.

CHARITABLE TRUST

Any trust designed to make a substantial gift to a charity and also achieve income and estate tax savings for the person who creates the trust (the grantor).

NONPROBATE

The distribution of a deceased person's property by any means other than probate. Many types of property pass free of probate, including property left to a surv... (more...)
The distribution of a deceased person's property by any means other than probate. Many types of property pass free of probate, including property left to a surviving spouse and property left outside of a will through probate-avoidance methods such as pay-on-death designations, joint tenancy ownership, living trusts and life insurance. Property that avoids probate is sometimes described as the 'nonprobate estate.' Nonprobate distribution may also occur if the deceased person leaves an invalid will. In that case, property will pass according to the particular state's laws of intestate succession.

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.

CONTINGENT BENEFICIARY

1) An alternate beneficiary named in a will, trust or other document. 2) Any person entitled to property under a will if one or more prior conditions are satisf... (more...)
1) An alternate beneficiary named in a will, trust or other document. 2) Any person entitled to property under a will if one or more prior conditions are satisfied. For example, if Fred is entitled to take property under a will only if he's married at the time of the will maker's death, Fred is a contingent beneficiary. Similarly, if Ellen is named to receive a house only in the event her mother, who has been named to live in the house, moves out of it, Ellen is a contingent beneficiary.

CURATOR

See conservator.

DISINHERIT

To deliberately prevent someone from inheriting something. This is usually done by a provision in a will stating that someone who would ordinarily inherit prope... (more...)
To deliberately prevent someone from inheriting something. This is usually done by a provision in a will stating that someone who would ordinarily inherit property -- a close family member, for example -- should not receive it. In most states, you cannot completely disinherit your spouse; a surviving spouse has the right to claim a portion (usually one-third to one-half) of the deceased spouse's estate. With a few exceptions, however, you can expressly disinherit children.

PUBLISHED WORK

An original work of authorship that is considered published for purposes of copyright law. A work is 'published' when it is first made available to the public o... (more...)
An original work of authorship that is considered published for purposes of copyright law. A work is 'published' when it is first made available to the public on an unrestricted basis. It is thus possible to display a work, or distribute it with restrictions on disclosure of its contents, without actually 'publishing' it. Both published and unpublished works are entitled to copyright protection, but some of the rules differ.

ADEMPTION

The failure of a bequest of property in a will. The gift fails (is 'adeemed') because the person who made the will no longer owns the property when he or she di... (more...)
The failure of a bequest of property in a will. The gift fails (is 'adeemed') because the person who made the will no longer owns the property when he or she dies. Often this happens because the property has been sold, destroyed or given away to someone other than the beneficiary named in the will. A bequest may also be adeemed when the will maker, while still living, gives the property to the intended beneficiary (called 'ademption by satisfaction'). When a bequest is adeemed, the beneficiary named in the will is out of luck; he or she doesn't get cash or a different item of property to replace the one that was described in the will. For example, Mark writes in his will, 'I leave to Rob the family vehicle,' but then trades in his car in for a jet ski. When Mark dies, Rob will receive nothing. Frustrated beneficiaries may challenge an ademption in court, especially if the property was not clearly identified in the first place.

SAMPLE LEGAL CASES

Tzolis v. Wolff

... Chancellor Walworth applied to a joint stock corporation — then a fairly new kind of entity — a familiar principle of the law of trusts: that a beneficiary (or "cestui que trust") could bring suit on behalf of a trust when a faithless trustee refused to do so. ...

IN THE MATTER OF DE SANCHEZ

... In 1927, two years before the Great Depression, Elizabeth Laurent de Sanchez, whose family owned a sugar plantation in Cuba, set up seven inter vivos trusts for the benefit of her six children—Emilio (two trusts in his name), Jorge, Julio, Marcelo, Maria and Gabriela. ...

Matter of Mergenhagen

... as appealed from is unanimously reversed on the law without costs, 1487 the petitions are granted in part, the termination of trust dated October 10, 1994 is vacated, respondent David M. Mergenhagen is removed as trustee from the 1991 and 1994 irrevocable trusts, he is ...
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