Southold Estate Planning Lawyer, New York

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Includes: Gift Taxation

Richard T. Haefeli Lawyer

Richard T. Haefeli

VERIFIED
Estate Planning, Residential Real Estate, Land Use & Zoning, Lawsuit & Dispute

Richard T. Haefeli has over 38 years of experience practicing on the eastern end of Long Island. An experienced litigator, Mr. Haefeli has litigated c... (more)

Andrew P. Ross

Wills & Probate, Trusts, Estate Planning, Elder Law
Status:  In Good Standing           Licensed:  32 Years

Bernadette E. Tuthill

Corporate, Estate Planning, Guardianships & Conservatorships, Trusts
Status:  In Good Standing           

Carolyn Daley Scott

Corporate Tax, Tax, Trusts, Gift Taxation
Status:  In Good Standing           Licensed:  23 Years

Denise Rae Schoen

Land Use & Zoning, Real Estate, Immigration, Estate Planning
Status:  In Good Standing           Licensed:  27 Years

Edward B. Pennfield

General Practice
Status:  In Good Standing           Licensed:  54 Years

Georgia Artemios Tsismenakis

Corporate Tax, Tax, Real Estate, Gift Taxation
Status:  In Good Standing           Licensed:  30 Years

Jay Paul Sheryll

Health Care, Estate Planning, Estate, Civil & Human Rights
Status:  In Good Standing           Licensed:  9 Years

Joseph W. Mcheffey

Commercial Real Estate, Real Estate, Estate Planning
Status:  In Good Standing           Licensed:  43 Years

Martin R. Gilmartin

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

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LEGAL TERMS

INCOMPETENCE

The inability, as determined by a court, to handle one's own personal or financial affairs. A court may declare that a person is incompetent after a hearing at ... (more...)
The inability, as determined by a court, to handle one's own personal or financial affairs. A court may declare that a person is incompetent after a hearing at which the person is present and/or represented by an attorney. A finding of incompetence may lead to the appointment of a conservator to manage the person's affairs. Also known as 'incompetency.'

DEATH TAXES

Taxes levied at death, based on the value of property left behind. Federal death taxes are called estate taxes. Some states levy inheritance taxes on people who... (more...)
Taxes levied at death, based on the value of property left behind. Federal death taxes are called estate taxes. Some states levy inheritance taxes on people who inherit property.

RESIDUARY ESTATE

The property that remains in a deceased person's estate after all specific gifts are made, and all debts, taxes, administrative fees, probate costs, and court c... (more...)
The property that remains in a deceased person's estate after all specific gifts are made, and all debts, taxes, administrative fees, probate costs, and court costs are paid. The residuary estate also includes any gifts under a will that fail or lapse. For example, Connie's will leaves her house and all its furnishings to Andrew, her VW bug to her friend Carl, and the remainder of her property (the residuary estate) to her sister Sara. She doesn't name any alternate beneficiaries. Carl dies before Connie. The VW bug becomes part of the residuary estate and passes to Sara, along with all of Connie's property other than the house and furnishings. Also called the residual estate or residue.

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.

HEIR APPARENT

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

DEVISEE

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

KINDRED

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

SPRINKLING TRUST

A trust that gives the person managing it (the trustee) the discretion to disburse its funds among the beneficiaries in any way he or she sees fit.

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.

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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