Smithville Flats Wills & Probate Lawyer, New York, page 2

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Includes: Estate Administration, Living Wills, Wills

Frederick R. Xlander

Juvenile Law, Income Tax, Wills & Probate, Estate
Status:  In Good Standing           Licensed:  43 Years

Gordon Edward Thompson

Estate, Real Estate, Wills & Probate
Status:  In Good Standing           

Gordon E Thompson

Real Estate, Wills & Probate, Trusts, Divorce & Family Law
Status:  In Good Standing           Licensed:  48 Years

Wayne Michael Chariff

Wills & Probate, Family Law, Criminal, Personal Injury, Accident & Injury
Status:  In Good Standing           Licensed:  48 Years

Alexandra Norton Sullivan

Residential Real Estate, Wills, Trusts, Commercial Bankruptcy
Status:  In Good Standing           Licensed:  9 Years

Kathryn Grant Madigan

Estate, Elder Law, Wills & Probate, Medicare & Medicaid, Nursing Home
Status:  In Good Standing           

James Rothe

Dispute Resolution, Wills & Probate, Wrongful Termination, Criminal, Credit & Debt
Status:  In Good Standing           Licensed:  45 Years

Mary Louise Conrow

Real Estate, Motor Vehicle, Wills & Probate, Juvenile Law
Status:  In Good Standing           Licensed:  33 Years

Theodosis John Totolis

Commercial Real Estate, Residential Real Estate, Estate, Wills & Probate, Trusts
Status:  In Good Standing           Licensed:  64 Years

Albert Bartholomew Kukol

Wills, Trusts, Elder Law
Status:  In Good Standing           

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LEGAL TERMS

PROBATE COURT

A specialized court or division of a state trial court that considers only cases concerning the distribution of deceased persons' estate. Called 'surrogate cour... (more...)
A specialized court or division of a state trial court that considers only cases concerning the distribution of deceased persons' estate. Called 'surrogate court' in New York and several other states, this court normally examines the authenticity of a will -- or if a person dies intestate, figures out who receives her property under state law. It then oversees a procedure to pay the deceased person's debts and to distribute her assets to the proper inheritors. See probate.

ENTITY

An organization, institution or being that has its own existence for legal or tax purposes. An entity is often an organization with an existence separate from i... (more...)
An organization, institution or being that has its own existence for legal or tax purposes. An entity is often an organization with an existence separate from its individual members--for example, a corporation, partnership, trust, estate or government agency. The entity is treated like a person; it can function legally, be sued, and make decisions through agents.

PREDECEASED SPOUSE

In the law of wills, a spouse who dies before the will maker while still married to him or her.

TRUSTEE POWERS

The provisions in a trust document defining what the trustee may and may not do.

SURROGATE COURT

See probate court.

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.

EXEMPTION TRUST

A bypass trust funded with an amount no larger than the personal federal estate tax exemption in the year of death. If the trust grantor leaves property worth m... (more...)
A bypass trust funded with an amount no larger than the personal federal estate tax exemption in the year of death. If the trust grantor leaves property worth more than that amount, it usually goes to the surviving spouse. The trust property passes free from estate tax because of the personal exemption, and the rest is shielded from tax under the surviving spouse's marital deduction.

NONPROBATE

The distribution of a deceased person's property by any means other than probate. Many types of property pass free of probate, including property left to a surv... (more...)
The distribution of a deceased person's property by any means other than probate. Many types of property pass free of probate, including property left to a surviving spouse and property left outside of a will through probate-avoidance methods such as pay-on-death designations, joint tenancy ownership, living trusts and life insurance. Property that avoids probate is sometimes described as the 'nonprobate estate.' Nonprobate distribution may also occur if the deceased person leaves an invalid will. In that case, property will pass according to the particular state's laws of intestate succession.

FAMILY POT TRUST

See pot trust.

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. ...