Varysburg Estate Planning Lawyer, New York

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Includes: Gift Taxation

Norman J. Mattar

Estate Planning, Personal Injury, Medical Malpractice, Car Accident
Status:  In Good Standing           

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Ernest Murray Found

Wills, Estate Planning, Wills & Probate
Status:  In Good Standing           Licensed:  73 Years

Robert B. Mc Cutcheon

Landlord-Tenant, Immigration, Estate Planning, Divorce & Family Law
Status:  In Good Standing           Licensed:  44 Years

Andrew Adam Borden

Commercial Real Estate, Estate Planning, Business & Trade, Corporate
Status:  In Good Standing           Licensed:  17 Years

George Russell Blair

Litigation, Municipal, Estate Planning, Criminal
Status:  In Good Standing           Licensed:  51 Years

Jay William Ricketts

Commercial Real Estate, Estate Planning, Family Law, Child Custody
Status:  In Good Standing           Licensed:  53 Years

Linda Grear

Estate Planning, Wills
Status:  In Good Standing           

Jennifer L. Friedman

Landlord-Tenant, Estate Planning, Wrongful Termination, Divorce
Status:  In Good Standing           

Theron Edwin Howard

Foreclosure, State Government, Estate Planning, Banking & Finance, Collection
Status:  In Good Standing           Licensed:  48 Years

Paul Sturdivant Boylan

Commercial Real Estate, Government, Estate Planning, Estate, Wills & Probate
Status:  In Good Standing           Licensed:  59 Years

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

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800-943-8690

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LEGAL TERMS

SPECIAL ADMINISTRATOR

(1) In the law of wills and estates, a person appointed by the court to take charge of only a designated portion of an estate during probate. For example, a spe... (more...)
(1) In the law of wills and estates, a person appointed by the court to take charge of only a designated portion of an estate during probate. For example, a special administrator with particular expertise on art might be appointed to oversee the probate of a wealthy person's art collection, but not the entire estate. (2) A person appointed to be responsible for a deceased person's property for a limited time or during an emergency, such as a challenge to the will or to the qualifications of the named executor. In such cases, the special administrator's duty is to maintain and preserve the estate, not necessarily to take control of the probate process

BYPASS TRUST

A trust designed to lessen a family's overall estate tax liability. An AB trust is the most popular kind of bypass trust.

POUR-OVER WILL

A will that 'pours over' property into a trust when the will maker dies. Property left through the will must go through probate before it goes into the trust.

SELF-PROVING WILL

A will that is created in a way that allows a probate court to easily accept it as the true will of the person who has died. In most states, a will is self-prov... (more...)
A will that is created in a way that allows a probate court to easily accept it as the true will of the person who has died. In most states, a will is self-proving when two witnesses sign under penalty of perjury that they observed the willmaker sign it and that he told them it was his will. If no one contests the validity of the will, the probate court will accept the will without hearing the testimony of the witnesses or other evidence. To make a self-proving will in other states, the willmaker and one or more witnesses must sign an affidavit (sworn statement) before a notary public certifying that the will is genuine and that all willmaking formalities have been observed.

FAMILY POT TRUST

See pot trust.

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.

TESTAMENTARY TRUST

A trust created by a will, effective only upon the death of the willmaker.

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.

WILL

A document in which you specify what is to be done with your property when you die and name your executor. You can also use your will to name a guardian for you... (more...)
A document in which you specify what is to be done with your property when you die and name your executor. You can also use your will to name a guardian for your young children.

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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