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Marianna  Schwartsman Lawyer

Marianna Schwartsman

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Marianna Schwartsman is the principle of the Firm. Prior to starting her own private practice, Marianna practiced law at the New York City law firm o... (more)

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Michael Frederick Schwartz

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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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Irina  Yadgarova Lawyer

Irina Yadgarova

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

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Marianna  Schwartsman Lawyer

Marianna Schwartsman

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Marianna Schwartsman is the principle of the Firm. Prior to starting her own private practice, Marianna practiced law at the New York City law firm o... (more)

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Marianna  Schwartsman Lawyer

Marianna Schwartsman

VERIFIED
Estate, Trusts, Business, Wills & Probate

Marianna Schwartsman is the principle of the Firm. Prior to starting her own private practice, Marianna practiced law at the New York City law firm o... (more)

FREE CONSULTATION 

CONTACT

800-978-0601

Marianna  Schwartsman Lawyer

Marianna Schwartsman

VERIFIED
Estate, Trusts, Business, Wills & Probate

Marianna Schwartsman is the principle of the Firm. Prior to starting her own private practice, Marianna practiced law at the New York City law firm o... (more)

FREE CONSULTATION 

CONTACT

800-978-0601

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)

Suzanne M. Bloomer Lawyer

Suzanne M. Bloomer

Commercial Real Estate, Wills, Trusts

Jacob M. Dyckman

Real Estate, Trusts, Estate Planning, Business Organization
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Avron I. Brog

Tax, Trusts, Estate Planning, Business Organization
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LEGAL TERMS

TRUSTEE

The person who manages assets owned by a trust under the terms of the trust document. A trustee's purpose is to safeguard the trust and distribute trust income ... (more...)
The person who manages assets owned by a trust under the terms of the trust document. A trustee's purpose is to safeguard the trust and distribute trust income or principal as directed in the trust document. With a simple probate-avoidance living trust, the person who creates the trust is also the trustee.

INVENTORY

A complete listing of all property owned by a deceased person at the time of death. The inventory is filed with the court during probate. The executor or admini... (more...)
A complete listing of all property owned by a deceased person at the time of death. The inventory is filed with the court during probate. The executor or administrator of the estate is responsible for making and filing the inventory.

HOLOGRAPHIC WILL

A will that is completely handwritten, dated and signed by the person making it. Holographic wills are generally not witnessed. Although it's legal in many stat... (more...)
A will that is completely handwritten, dated and signed by the person making it. Holographic wills are generally not witnessed. Although it's legal in many states, making a holographic will is never advised except as a last resort.

IN TERROREM

Latin meaning 'in fear.' This phrase is used to describe provisions in contracts or wills meant to scare a person into complying with the terms of the agreement... (more...)
Latin meaning 'in fear.' This phrase is used to describe provisions in contracts or wills meant to scare a person into complying with the terms of the agreement. For example, a will might state that an heir will forfeit her inheritance if she challenges the validity of the will. Of course, if the will is challenged and found to be invalid, then the clause itself is also invalid and the heir takes whatever she would have inherited if there were no will.

DISCHARGE (OF PROBATE ADMINISTRATOR)

A court order releasing the administrator or executor from any further duties connected with the probate of an estate. This typically occurs when the duties hav... (more...)
A court order releasing the administrator or executor from any further duties connected with the probate of an estate. This typically occurs when the duties have been completed but may happen sooner if the executor or administrator wishes to withdraw or is dismissed.

BEQUEATH

A legal term sometimes used in wills that means 'leave' -- for example, 'I bequeath my garden tools to my brother-in-law, Buster Jenkins.'

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.'

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.

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.

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 ...