Rochester Wills & Probate Lawyer, New York

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Abraham Michelson
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1. Abraham Michelson Chicago, IL
  Attorney at Law - Illinois, 2013
  Thomas Cooley, JD, 2004
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Includes: Estate Administration, Living Wills, Wills

Robert E. Brennan

Wills & Probate, Estate Planning, Family Law, Personal Injury

Status: In Good Standing

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Suite 1000, Crossroads Building, Rochester, NY 14614

Jonathan C. Trotto

Wills, Wills & Probate, Family Law, Banking & Finance

Status: In Good Standing

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1100 Long Pond Road, Rochester, NY 14626

Judy M. Overholt

Wills, Wills & Probate, Trusts, Contract

Status: In Good Standing

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160 Linden Oaks Drive, Rochester, NY 14625

Jacqueline A. Constantino

Wills & Probate, Trusts, Estate Planning, Estate

Status: In Good Standing

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3380 Monroe Avenue, Rochester, NY 14618

Robert D. Schultz

Wills, Wills & Probate, Trusts, Banking & Finance

Status: In Good Standing

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295 Woodcliff Dr., Fairport, NY 14450

Betsy Davis Brugg

Land Use & Zoning, Wills, Employment, Banking & Finance

Status: In Good Standing Licensed: 32 Years

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1900 Bausch And Lomb Pl, Rochester, NY 14604

Kimberly J. Campbell

Wills & Probate, Family Law, Business Organization, Banking & Finance

Status: In Good Standing Licensed: 25 Years

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2 State St, Rochester, NY 14614

Leon Katzen

Corporate, Family Law, Elder Law, Wills & Probate

Status: In Good Standing

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130 East Main Street, Rochester, NY 14604

Joseph Callahan

International Tax, Wills & Probate, Business, Estate Planning

Status: In Good Standing

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510 Clinton Square, Rochester, NY 14604

Warren Welch

Family Law, Wills & Probate, Premises Liability, Wrongful Death

Status: In Good Standing Licensed: 55 Years

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150 Linden Oaks Ave, Rochester, NY 14625

800-923-0641

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LEGAL TERMS

PROVING A WILL

Convincing a probate court that a document is truly the deceased person's will. Usually this is a simple formality that the executor or administrator easily sat... (more...)

Convincing a probate court that a document is truly the deceased person's will. Usually this is a simple formality that the executor or administrator easily satisfies by showing that the will was signed and dated by the deceased person in front of two or more witnesses. When the will is holographic -- that is, completely handwritten by the deceased and not witnessed, it is still valid in many states if the executor can produce relatives and friends to testify that the handwriting is that of the deceased.

KINDRED

Under some state's probate codes, all relatives of a deceased person.

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.

POWER OF APPOINTMENT

The legal authority to decide who will receive someone else's property, usually property held in a trust. Most trustees can distribute the income from a trust o... (more...)

The legal authority to decide who will receive someone else's property, usually property held in a trust. Most trustees can distribute the income from a trust only according to the terms of the trust, but a trustee with a power of appointment can choose the beneficiaries, sometimes from a list of candidates specified by the grantor. For example, Karin creates a trust with power of appointment to benefit either the local art museum, symphony, library or park, depending on the trustee's assessment of need.

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.

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.

BENEFICIARY

A person or organization legally entitled to receive benefits through a legal device, such as a will, trust or life insurance policy.

DEVISEE

A person or entity who inherits real estate under the terms of a will.

QDOT TRUST

A trust used to postpone estate tax when more than the amount of the personal federal estate tax exemption is left to a non-U.S. citizen spouse by the other spo... (more...)

A trust used to postpone estate tax when more than the amount of the personal federal estate tax exemption is left to a non-U.S. citizen spouse by the other spouse. QDOT stands for qualified domestic trust.

SAMPLE LEGAL CASES

Matter of Colverd

... Spain, J. 972 Decedent died in 2000. Thereafter, petitionerâ€”decedent's unmarried companion of nearly 30 yearsâ€”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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Rochester Wills & Probate Lawyer, New York

Sponsored Law Firm

The Michelson Law Office

SPONSORED LAWYERS

Robert E. Brennan

Jonathan C. Trotto

Judy M. Overholt

Jacqueline A. Constantino

Robert D. Schultz

Betsy Davis Brugg

Kimberly J. Campbell

Leon Katzen

Joseph Callahan

Warren Welch

TIPS

LEGAL TERMS

PROVING A WILL

KINDRED

AB TRUST

POWER OF APPOINTMENT

DISINHERIT

DISCHARGE (OF PROBATE ADMINISTRATOR)

BENEFICIARY

DEVISEE

QDOT TRUST

SAMPLE LEGAL CASES

Matter of Colverd

MTR OF AMERICAN COMM. v. Dunn

Matter of Paigo

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