Wainscott Wills & Probate Lawyer, New York

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Includes: Estate Administration, Living Wills, Wills

David E. Eagan

Immigration, Wills & Probate, Trusts, Child Custody
Status:  In Good Standing           

James J. Lynch

Private Schools, Commercial Real Estate, Wills, Civil Rights
Status:  In Good Standing           Licensed:  56 Years

Steven Tekulsky

Wills & Probate
Status:  In Good Standing           Licensed:  47 Years

Nancy Joan Marshall

Commercial Real Estate, Wills
Status:  In Good Standing           Licensed:  35 Years

Meg Arnel-Rudansky

Wills & Probate, Estate, Business, Wills & Probate
Status:  In Good Standing           Licensed:  40 Years

David Lee Heller

Real Estate, Lawsuit & Dispute, Immigration, Trusts, Wills & Probate
Status:  In Good Standing           Licensed:  39 Years

Rudolph J. Fusco

Wills & Probate, Estate
Status:  In Good Standing           Licensed:  19 Years

James H. Fischer

Real Estate Other, Immigration, Wills & Probate
Status:  Suspended           Licensed:  32 Years

Kelly Anne Doyle

Commercial Real Estate, Wills, Personal Injury, Medical Malpractice
Status:  In Good Standing           Licensed:  18 Years

Joseph Martland Wilson Burke

Wills, Wills & Probate, Divorce, Criminal
Status:  In Good Standing           Licensed:  19 Years

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LEGAL TERMS

RESIDUARY BENEFICIARY

A person who receives any property by a will or trust that is not specifically left to another designated beneficiary. For example, if Antonio makes a will leav... (more...)
A person who receives any property by a will or trust that is not specifically left to another designated beneficiary. For example, if Antonio makes a will leaving his home to Edwina and the remainder of his property to Elmo, then Elmo is the residuary beneficiary.

SUCCESSION

The passing of property or legal rights after death. The word commonly refers to the distribution of property under a state's intestate succession laws, which d... (more...)
The passing of property or legal rights after death. The word commonly refers to the distribution of property under a state's intestate succession laws, which determine who inherits property when someone dies without a valid will. When used in connection with real estate, the word refers to the passing of property by will or inheritance, as opposed to gift, grant, or purchase.

SUCCESSOR TRUSTEE

The person or institution who takes over the management of trust property when the original trustee has died or become incapacitated.

BEQUEATH

A legal term sometimes used in wills that means 'leave' -- for example, 'I bequeath my garden tools to my brother-in-law, Buster Jenkins.'

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.

MARITAL LIFE ESTATE TRUST

See AB trust.

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.'

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.

IRREVOCABLE TRUST

A permanent trust. Once you create it, it cannot be revoked, amended or changed in any way.

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. ...

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