Plainville Wills & Probate Lawyer, New York

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Includes: Estate Administration, Living Wills, Wills

Raymond J. Dague

Wills & Probate, Family Law, Divorce, Constitutional Law, Corporate
Status:  In Good Standing           

Jill L. Terry

Real Estate, Wills & Probate, Employment Discrimination, Divorce & Family Law
Status:  In Good Standing           Licensed:  30 Years

Terri Conti York

Real Estate, Wills & Probate, Estate Planning, Elder Law
Status:  In Good Standing           Licensed:  37 Years

Audrey Lee Flynn

General Practice
Status:  In Good Standing           Licensed:  9 Years

Charlene E McGraw

Real Estate, Trusts, Elder Law, Wills & Probate
Status:  In Good Standing           

Linus Ward Walton

Litigation, Government, Wills & Probate, Personal Injury
Status:  In Good Standing           Licensed:  43 Years

Stephen T. McMahon

Mental Health, Wills & Probate, Trusts, Estate Planning
Status:  In Good Standing           Licensed:  39 Years

Stephen Thomas Mcmahon

Health Care, Estate, Civil & Human Rights, Wills
Status:  In Good Standing           Licensed:  39 Years

Jane G. Kuppermann

Civil Rights, Litigation, Personal Injury, Wills & Probate
Status:  In Good Standing           

John S. King

Real Estate, Wills & Probate, Trusts, Consumer Rights
Status:  Retired           Licensed:  40 Years

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LEGAL TERMS

LIFE BENEFICIARY

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

ADMINISTRATRIX

An outdated term for a female administrator -- the person appointed by a court to handle probate on behalf of someone who died without a will. Now, whether male... (more...)
An outdated term for a female administrator -- the person appointed by a court to handle probate on behalf of someone who died without a will. Now, whether male or female, this person is called the administrator.

RULE AGAINST PERPETUITIES

An exceedingly complex legal doctrine that limits the amount of time that property can be controlled after death by a person's instructions in a will. For examp... (more...)
An exceedingly complex legal doctrine that limits the amount of time that property can be controlled after death by a person's instructions in a will. For example, a person would not be allowed to leave property to her husband for his life, then to her children for their lives, then to her grandchildren. The gift would potentially go to the grandchildren at a point too remote in time.

TRUST MERGER

Under a trust, the situation that occurs when the sole trustee and the sole beneficiary are the same person or institution. Then, there's no longer the separati... (more...)
Under a trust, the situation that occurs when the sole trustee and the sole beneficiary are the same person or institution. Then, there's no longer the separation between the trustee's legal ownership of trust property from the beneficiary's interest. The trust 'merges' and ceases to exist.

NET ESTATE

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

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.

WARRANTY DEED

A seldom-used type of deed that contains express assurances about the legal validity of the title being transferred.

STATUTORY SHARE

The portion of a deceased person's estate that a spouse is entitled to claim under state law. The statutory share is usually one-third or one-half of the deceas... (more...)
The portion of a deceased person's estate that a spouse is entitled to claim under state law. The statutory share is usually one-third or one-half of the deceased spouse's property, but in some states the exact amount of the spouse's share depends on whether or not the couple has young children and, in a few states, on how long the couple was married. In most states, if the deceased spouse left a will, the surviving spouse must choose either what the will provides or the statutory share. Sometimes the statutory share is known by its more arcane legal name, dower and curtesy, or as a forced or elective share.

DOWER AND CURTESY

A surviving spouse's right to receive a set portion of the deceased spouse's estate -- usually one-third to one-half. Dower (not to be confused with a 'dowry') ... (more...)
A surviving spouse's right to receive a set portion of the deceased spouse's estate -- usually one-third to one-half. Dower (not to be confused with a 'dowry') refers to the portion to which a surviving wife is entitled, while curtesy refers to what a man may claim. Until recently, these amounts differed in a number of states. However, because discrimination on the basis of sex is now illegal in most cases, most states have abolished dower and curtesy and generally provide the same benefits regardless of sex -- and this amount is often known simply as the statutory share. Under certain circumstances, a living spouse may not be able to sell or convey property that is subject to the other spouse's dower and curtesy or statutory share rights.

SAMPLE LEGAL CASES

Matter of Colverd

... Spain, J. 972 Decedent died in 2000. Thereafter, petitioner—decedent's unmarried companion of nearly 30 years—commenced this proceeding in Surrogate's Court, as named executor, seeking probate of decedent's will. Three ...

MTR OF AMERICAN COMM. v. Dunn

... This appeal requires us to determine the standard applicable to a petition to vacate a probate decree brought by a nonparty to an initial probate proceeding and based upon "newlydiscovered evidence," which allegedly demonstrates that a probated will was procured through ...

Matter of Paigo

... Decedent died in June 2006 and petitioner sought to probate the will. ... Petitioner then moved for summary judgment 838 seeking dismissal of the objections and admitting the will to probate. Concluding that issues of fact existed, Surrogate's Court denied the motion. ...

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