South Lima Wills & Probate Lawyer, New York

Sponsored Law Firm


Includes: Estate Administration, Living Wills, Wills

Jacqueline A. Constantino

Wills & Probate, Trusts, Estate Planning, Estate
Status:  In Good Standing           

Robert D. Schultz

Wills, Wills & Probate, Trusts, Banking & Finance
Status:  In Good Standing           

Matthew D. Nafus

Criminal, Corporate, Real Estate, Wills & Probate
Status:  In Good Standing           Licensed:  29 Years

Nathan A Shoff

Divorce, Wills & Probate, Business, Estate Planning
Status:  In Good Standing           

Dean John Fero

Wills & Probate, Commercial Real Estate
Status:  In Good Standing           Licensed:  69 Years

Eugene Vanvoorhis

Land Use & Zoning, Wills & Probate, Estate Planning, Estate
Status:  In Good Standing           

Samuel Gilbert Brundage

Federal Trial Practice, Wills, Family Law, Reinsurance
Status:  In Good Standing           Licensed:  74 Years

Judith Holender

Elder Law, Trusts, Estate Planning, Estate Administration
Status:  In Good Standing           Licensed:  41 Years

Wallace F. Ashnault

Real Estate, Trusts, Wills & Probate
Status:  In Good Standing           Licensed:  67 Years

Mary Mab Fitz-Gerald

Wills, Estate
Status:  In Good Standing           Licensed:  31 Years

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

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LEGAL TERMS

GRANTOR

Someone who creates a trust. Also called a trustor or settlor.

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.

CREDIT SHELTER TRUST

See AB trust.

GROSS ESTATE

For federal estate tax filing purposes, the total of all property owned at death, without regard to any debts or liens against the property or the costs of prob... (more...)
For federal estate tax filing purposes, the total of all property owned at death, without regard to any debts or liens against the property or the costs of probate. Taxes are due only on the value of the property the person actually owned (the net estate) plus the amount of any taxable gifts made during life. In a few states, the gross estate is used when computing attorney fees for probating estates; the lawyer gets a percentage of the gross estate.

PUBLISHED WORK

An original work of authorship that is considered published for purposes of copyright law. A work is 'published' when it is first made available to the public o... (more...)
An original work of authorship that is considered published for purposes of copyright law. A work is 'published' when it is first made available to the public on an unrestricted basis. It is thus possible to display a work, or distribute it with restrictions on disclosure of its contents, without actually 'publishing' it. Both published and unpublished works are entitled to copyright protection, but some of the rules differ.

TAKING AGAINST THE WILL

A procedure under state law that gives a surviving spouse the right to demand a certain share (usually one-third to one-half) of the deceased spouse's property.... (more...)
A procedure under state law that gives a surviving spouse the right to demand a certain share (usually one-third to one-half) of the deceased spouse's property. The surviving spouse can take that share instead of accepting whatever he or she inherited through the deceased spouse's will. If the surviving spouse decides to take the statutory share, it's called 'taking against the will.' Dower and curtesy is another name for the same legal process.

LIFE BENEFICIARY

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

TRUSTEE POWERS

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

PERSONAL PROPERTY

All property other than land and buildings attached to land. Cars, bank accounts, wages, securities, a small business, furniture, insurance policies, jewelry, p... (more...)
All property other than land and buildings attached to land. Cars, bank accounts, wages, securities, a small business, furniture, insurance policies, jewelry, patents, pets and season baseball tickets are all examples of personal property. Personal property may also be called personal effects, movable property, goods and chattel, and personalty. Compare real estate.

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. ...