Newtonville Estate Planning Lawyer, New York

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Robert Klipstein
About | Practice Areas
Ballon Stoll PC
810 7th Ave Suite 405 New York, NY 10019» view map
Immigration Law
Counselors At Law

Founded in 1931 and built upon a tradition of excellence, Ballon Stoll P.C. is a mid-sized full-service law firm catering to the needs of businesses and individuals alike.

212.575.7900
1. Robert Klipstein New York, NY
  Attorney at Law, NY
  Columbia University Law School, J.D. 1960
2. AboutBallon Stoll PC
  Counselors At Law
3. Practice AreasExpertise
  Immigration
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Includes: Gift Taxation

Michael E Cusack

Estate Planning, Environmental Law, Contract, Business Organization

Status: In Good Standing

CONTACT

Executive Woods, 5 Palisades Drive, Albany, NY 12205

Bellanca J. Fletcher

Real Estate, Wills & Probate, Estate Planning, Elder Law

Status: In Good Standing

CONTACT

251 River Street, Troy, NY 12181

Sonya del Peral

Corporate, Education, Estate Planning, Intellectual Property

Status: In Good Standing

CONTACT

Executive Woods, 5 Palisades Drive, Albany, NY 12205

Morgen M. Bowers

Corporate, Education, Estate Planning, Intellectual Property

Status: In Good Standing

CONTACT

Executive Woods, 5 Palisades Drive, Albany, NY 12205

John L. Orfan

Estate Planning, Real Estate, Litigation, Personal Injury

Status: In Good Standing

FREE CONSULTATION

CONTACT

100 Great Oaks Boulevard, Albany, NY 12203

Theresa Marinello Ries

Real Estate, Trusts, Estate Planning, Elder Law

Status: In Good Standing

CONTACT

930 Albany Shaker Road, Latham, NY 12110

James P. Milstein

Criminal, DUI-DWI, Elder Law, Estate Planning

Status: In Good Standing

CONTACT

293 Washington Avenue, Albany, NY 12206

Mark L. Koblenz

Business Organization, Elder Law, Estate Planning, Freedom of Religion

Status: In Good Standing

FREE CONSULTATION

CONTACT

20 Corporate Woods Boulevard, Albany, NY 12211

Terence J. Devine

Tax Litigation, Estate Planning, Family Law, Divorce & Family Law

Status: In Good Standing

CONTACT

52 Corporate Circle, Albany, NY 12203

Philip A. Di Giorgio

Estate Administration, Estate Planning, Child Custody, Elder Law

Status: In Good Standing

CONTACT

43 British American Boulevard, Latham, NY 12110

800-923-0641

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LEGAL TERMS

EXECUTOR

The person named in a will to handle the property of someone who has died. The executor collects the property, pays debts and taxes, and then distributes what's... (more...)

The person named in a will to handle the property of someone who has died. The executor collects the property, pays debts and taxes, and then distributes what's left, as specified in the will. The executor also handles any probate court proceedings and notifies people and organizations of the death. Also called personal representatives.

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.

RESIDUARY ESTATE

The property that remains in a deceased person's estate after all specific gifts are made, and all debts, taxes, administrative fees, probate costs, and court c... (more...)

The property that remains in a deceased person's estate after all specific gifts are made, and all debts, taxes, administrative fees, probate costs, and court costs are paid. The residuary estate also includes any gifts under a will that fail or lapse. For example, Connie's will leaves her house and all its furnishings to Andrew, her VW bug to her friend Carl, and the remainder of her property (the residuary estate) to her sister Sara. She doesn't name any alternate beneficiaries. Carl dies before Connie. The VW bug becomes part of the residuary estate and passes to Sara, along with all of Connie's property other than the house and furnishings. Also called the residual estate or residue.

AB TRUST

A trust that allows couples to reduce or avoid estate taxes. Each spouse puts his or her property in an AB trust. When the first spouse dies, his or her half of... (more...)

A trust that allows couples to reduce or avoid estate taxes. Each spouse puts his or her property in an AB trust. When the first spouse dies, his or her half of the property goes to the beneficiaries named in the trust -- commonly, the grown children of the couple -- with the crucial condition that the surviving spouse has the right to use the property for life and is entitled to any income it generates. The surviving spouse may even be allowed to spend principal in certain circumstances. When the surviving spouse dies, the property passes to the trust beneficiaries. It is not considered part of the second spouse's estate for estate tax purposes. Using this kind of trust keeps the second spouse's taxable estate half the size it would be if the property were left directly to the spouse. This type of trust is also known as a bypass or credit shelter trust.

DEED OF TRUST

See trust deed.

QTIP TRUST

A type of trust for wealthy married couples that allows a surviving spouse to postpone estate taxes. A QTIP trust allows the surviving spouse to make use of the... (more...)

A type of trust for wealthy married couples that allows a surviving spouse to postpone estate taxes. A QTIP trust allows the surviving spouse to make use of the trust property tax-free. Taxes are deferred until the surviving spouse dies and the trust property is received by the final trust beneficiaries, who were named by the first spouse to die.

CREDIT SHELTER TRUST

See AB trust.

PUBLIC ADMINISTRATOR

Someone appointed by a probate court to oversee probate proceedings when a person dies without a will or heirs, and his or her property is expected to pass to t... (more...)

Someone appointed by a probate court to oversee probate proceedings when a person dies without a will or heirs, and his or her property is expected to pass to the state. Some states have public administrators who are responsible for temporarily preserving the assets of an estate if there are disputes about specific provisions in the will or about who will be appointed the regular administrator.

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

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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Newtonville Estate Planning Lawyer, New York

Sponsored Law Firm

Ballon Stoll PC

SPONSORED LAWYERS

Michael E Cusack

Bellanca J. Fletcher

Sonya del Peral

Morgen M. Bowers

John L. Orfan

Theresa Marinello Ries

James P. Milstein

Mark L. Koblenz

Terence J. Devine

Philip A. Di Giorgio

TIPS

LEGAL TERMS

EXECUTOR

TAKING AGAINST THE WILL

RESIDUARY ESTATE

AB TRUST

DEED OF TRUST

QTIP TRUST

CREDIT SHELTER TRUST

PUBLIC ADMINISTRATOR

LAPSE

SAMPLE LEGAL CASES

Schneider v. Finmann

Fielding v. Kupferman

Kram Knarf, LLC v. Djonovic

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