Sherrill Estate Planning Lawyer, New York

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Includes: Gift Taxation

Robert Justin Miller

Estate Planning, Medical Malpractice, Health Care, Commercial Real Estate, Mass Torts
Status:  In Good Standing *Status is reviewed annually. For latest information visit here           Licensed:  14 Years

Jennifer Caroline Hicks

Traffic, Federal Trial Practice, Estate Planning, Criminal, Trusts
Status:  In Good Standing *Status is reviewed annually. For latest information visit here           

Elizabeth Ann Kenny

Estate Planning, Divorce & Family Law, Elder Law, Mass Torts
Status:  In Good Standing *Status is reviewed annually. For latest information visit here           Licensed:  21 Years

Janet Meunier Richmond

Government, Estate Planning, Estate, Civil & Human Rights
Status:  In Good Standing *Status is reviewed annually. For latest information visit here           

Alison J. Steates

Real Estate, International Tax, Estate Planning, Estate
Status:  In Good Standing *Status is reviewed annually. For latest information visit here           Licensed:  45 Years

Howard Allen Port

General Practice
Status:  In Good Standing *Status is reviewed annually. For latest information visit here           Licensed:  54 Years

Geoffrey Alton Hampton

International Tax, Estate Planning, Elder Law, Business & Trade
Status:  In Good Standing *Status is reviewed annually. For latest information visit here           Licensed:  69 Years

Lisa Marie Heintz

International Tax, Estate Planning, Elder Law, Business & Trade
Status:  In Good Standing *Status is reviewed annually. For latest information visit here           Licensed:  20 Years

Brian Joseph Ehrhard

Estate Planning, Family Law, Divorce
Status:  In Good Standing *Status is reviewed annually. For latest information visit here           Licensed:  16 Years

David J Zumpano

Wills, Estate Planning, Estate, Elder Law
Status:  In Good Standing *Status is reviewed annually. For latest information visit here           Licensed:  32 Years

Free Help: Use This Form or Call 800-814-6700

Member Representative

Call me for fastest results!
800-943-8690

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

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LEGAL TERMS

HEIR APPARENT

One who expects to be receive property from the estate of a family member, as long as she outlives that person.

ABATEMENT

A reduction. After a death, abatement occurs if the deceased person didn't leave enough property to fulfill all the bequests made in the will and meet other exp... (more...)
A reduction. After a death, abatement occurs if the deceased person didn't leave enough property to fulfill all the bequests made in the will and meet other expenses. Gifts left in the will are cut back in order to pay taxes, satisfy debts or take care of other gifts that are given priority under law or by the will itself.

CERTIFIED COPY

A copy of a document issued by a court or government agency guaranteed to be a true and exact copy of the original. Many agencies and institutions require certi... (more...)
A copy of a document issued by a court or government agency guaranteed to be a true and exact copy of the original. Many agencies and institutions require certified copies of legal documents before permitting certain transactions. For example, a certified copy of a death certificate is required before a bank will release the funds in a deceased person's payable-on-death account to the person who has inherited them.

PER STIRPES

Under a will, a method of determining who inherits property when a joint beneficiary has died before the willmaker, leaving living children of his or her own. F... (more...)
Under a will, a method of determining who inherits property when a joint beneficiary has died before the willmaker, leaving living children of his or her own. For example, Fred leaves his house jointly to his son Alan and his daughter Julie. But Alan dies before Fred, leaving two young children. If Fred's will states that heirs of a deceased beneficiary are to receive the property 'per stirpes,' Julie will receive one-half of the property, and Alan's two children will share his half in equal shares (through Alan by right of representation). If, on the other hand, Fred's will states that the property is to be divided per capita, Julie and the two grandchildren will each take a third.

UNIFORM TRANSFER-ON-DEATH SECURITY ACT

A statute that allows people to name a beneficiary to inherit stocks or bonds without probate. The owner of the securities can register them with a broker using... (more...)
A statute that allows people to name a beneficiary to inherit stocks or bonds without probate. The owner of the securities can register them with a broker using a simple form that names a person to receive the property after the owner's death. Every state but Texas has adopted the statute.

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.

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.

LIFE BENEFICIARY

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

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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