Phoenix Estate Planning Lawyer, New York

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Includes: Gift Taxation

Jason L. Cassidy

Criminal, Estate Planning, Family Law, Litigation, Workers' Compensation
Status:  In Good Standing *Status is reviewed annually. For latest information visit here           

David L Delvecchio

Bankruptcy, Contract, Estate Planning, Family Law
Status:  In Good Standing *Status is reviewed annually. For latest information visit here           

Michael J. Ranieri

Animal Bite, Criminal, DUI-DWI, Estate Planning
Status:  In Good Standing *Status is reviewed annually. For latest information visit here           

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Derek T. Shepard

Social Security, Estate Planning, Family Law, Elder Law
Status:  In Good Standing *Status is reviewed annually. For latest information visit here           Licensed:  12 Years

Karin Sloan Delaney

Real Estate, Estate Planning, Estate, Elder Law
Status:  In Good Standing *Status is reviewed annually. For latest information visit here           

Haley Rae Decarlo

Real Estate, Traffic, Estate Planning, Business
Status:  In Good Standing *Status is reviewed annually. For latest information visit here           

Robert H. Gale

Corporate Tax, Tax, Gift Taxation, Divorce, DUI-DWI
Status:  In Good Standing *Status is reviewed annually. For latest information visit here           Licensed:  47 Years

Alan John Willmes

Traffic, Nursing Home, Estate Planning, Transactions
Status:  In Good Standing *Status is reviewed annually. For latest information visit here           Licensed:  33 Years

Daniel G. Cantone

Federal Appellate Practice, Estate Planning, Collaborative Law, Family Law
Status:  In Good Standing *Status is reviewed annually. For latest information visit here           Licensed:  43 Years

Terri Conti York

Real Estate, Wills & Probate, Estate Planning, Elder Law
Status:  In Good Standing *Status is reviewed annually. For latest information visit here           Licensed:  37 Years

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

Member Representative

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800-943-8690

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LEGAL TERMS

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.'

NET ESTATE

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

PETITION

A formal written request made to a court, asking for an order or ruling on a particular matter. For example, if you want to be appointed conservator for an elde... (more...)
A formal written request made to a court, asking for an order or ruling on a particular matter. For example, if you want to be appointed conservator for an elderly relative, you must file a petition with a court. See also complaint.

SUCCESSION

The passing of property or legal rights after death. The word commonly refers to the distribution of property under a state's intestate succession laws, which d... (more...)
The passing of property or legal rights after death. The word commonly refers to the distribution of property under a state's intestate succession laws, which determine who inherits property when someone dies without a valid will. When used in connection with real estate, the word refers to the passing of property by will or inheritance, as opposed to gift, grant, or purchase.

INTESTATE

The condition of dying without a valid will. The probate court appoints an administrator to distribute the deceased person's property according to state law.

PROBATE

The court process following a person's death that includes proving the authenticity of the deceased person's will appointing someone to handle the deceased pers... (more...)
The court process following a person's death that includes proving the authenticity of the deceased person's will appointing someone to handle the deceased person's affairs identifying and inventorying the deceased person's property paying debts and taxes identifying heirs, and distributing the deceased person's property according to the will or, if there is no will, according to state law. Formal court-supervised probate is a costly, time-consuming process -- a windfall for lawyers -- which is best avoided if possible.

REMAINDERMAN

Someone who will inherit property in the future. For instance, if someone dies and leaves his home 'to Alma for life, and then to Barry,' Barry is a remainderma... (more...)
Someone who will inherit property in the future. For instance, if someone dies and leaves his home 'to Alma for life, and then to Barry,' Barry is a remainderman because he will inherit the home in the future, after Alma dies.

ENDOWMENT INSURANCE

Provides that an insured person who lives for the specified endowment period receives the face value of the insurance policy--that is, the amount paid at death.... (more...)
Provides that an insured person who lives for the specified endowment period receives the face value of the insurance policy--that is, the amount paid at death. If the policy-holder dies sooner, the beneficiary named in the policy receives the proceeds.

AUGMENTED ESTATE

In general terms, an augmented estate consists of property owned by both a deceased person and his or her spouse. The concept of the augmented estate is used on... (more...)
In general terms, an augmented estate consists of property owned by both a deceased person and his or her spouse. The concept of the augmented estate is used only in some states. Its value is calculated only if a surviving spouse declines whatever he or she was left by will and instead claims a share of the deceased spouse's estate. (This is called taking against the will.) The amount of this 'statutory share' or 'elective share' depends on state law.

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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