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Includes: Estate Administration, Living Wills, Wills

Robert Stephen Sikorski Lawyer

Robert Stephen Sikorski

VERIFIED
Wills & Probate, Real Estate, International Other, International Arbitration

At Busson & Sikorski, P.C., we know that you deserve the best legal advocates possible. Whether you're looking for an immigration lawyer in NYC or adv... (more)

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800-756-2880

Russel  Morgan Lawyer

Russel Morgan

VERIFIED
Estate, Guardianships & Conservatorships, Elder Law, Real Estate, Wills & Probate

Russel Morgan is a practicing lawyer in the state of New York.

Marianna  Schwartsman Lawyer

Marianna Schwartsman

VERIFIED
Estate, Wills & Probate, Trusts, Business

Marianna Schwartsman is the principle of the Firm. Prior to starting her own private practice, Marianna practiced law at the New York City law firm o... (more)

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CONTACT

800-978-0601

Kamilla  Mishiyeva Lawyer

Kamilla Mishiyeva

VERIFIED
Estate, Estate Administration, Elder Law, Real Estate, Sales & Use Tax
Our law firm specializes in estate planning, probate, and estate administration.

Mishiyeva Law, PLLC., is a law firm focusing on estate planning, probate, and estate administration. We service the hardworking individuals of New Yor... (more)

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800-687-6441

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Irina  Yadgarova Lawyer

Irina Yadgarova

VERIFIED
Estate, Wills & Probate, Trusts, Elder Law
Providing outstanding legal services and counsel in the areas of Estate, Probate and Elder Law.

Attorney Irina Yadgarova focuses her practice on Trusts & Estates, Probate & Administration, Elder Law, and Real Estate. She is licensed to practice l... (more)

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CONTACT

800-765-5171

Marianna  Schwartsman Lawyer

Marianna Schwartsman

VERIFIED
Estate, Trusts, Wills & Probate, Business

Marianna Schwartsman is the principle of the Firm. Prior to starting her own private practice, Marianna practiced law at the New York City law firm o... (more)

FREE CONSULTATION 

CONTACT

800-978-0601

Marianna  Schwartsman Lawyer

Marianna Schwartsman

VERIFIED
Estate, Trusts, Business, Wills & Probate

Marianna Schwartsman is the principle of the Firm. Prior to starting her own private practice, Marianna practiced law at the New York City law firm o... (more)

FREE CONSULTATION 

CONTACT

800-978-0601

Marcel A. Sager Lawyer

Marcel A. Sager

VERIFIED
Divorce & Family Law, Wills & Probate, Elder Law, Real Estate
Experienced. Professional. Attentive To Your Needs.

Marcel A. Sager is licensed to practice law in New York, New Jersey, the District of Columbia, Illinois, local federal courts, the U.S. Tax Court and ... (more)

Gregory Dane Basso Lawyer

Gregory Dane Basso

VERIFIED
Estate, Elder Law, Car Accident, Wills & Probate, Personal Injury

Gregory D. Basso graduated from Fordham University in the Bronx in 2007 and graduated from Touro Law School in 2010. He became licensed to practice... (more)

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CONTACT

800-698-0620

Marianna  Schwartsman Lawyer

Marianna Schwartsman

VERIFIED
Estate, Trusts, Business, Wills & Probate

Marianna Schwartsman is the principle of the Firm. Prior to starting her own private practice, Marianna practiced law at the New York City law firm o... (more)

FREE CONSULTATION 

CONTACT

800-978-0601

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LEGAL TERMS

FAMILY POT TRUST

See pot trust.

LAPSE

Under a will, the failure of a gift of property. A gift lapses when the beneficiary dies before the person who made the will, and no alternate has been named. S... (more...)
Under a will, the failure of a gift of property. A gift lapses when the beneficiary dies before the person who made the will, and no alternate has been named. Some states have anti-lapse statutes, which prevent gifts to relatives of the deceased person from lapsing unless the relative has no heirs of his or her own. A lapsed gift becomes part of the residuary estate.

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.'

EXECUTOR

The person named in a will to handle the property of someone who has died. The executor collects the property, pays debts and taxes, and then distributes what's... (more...)
The person named in a will to handle the property of someone who has died. The executor collects the property, pays debts and taxes, and then distributes what's left, as specified in the will. The executor also handles any probate court proceedings and notifies people and organizations of the death. Also called personal representatives.

SPENDTHRIFT TRUST

A trust created for a beneficiary the grantor considers irresponsible about money. The trustee keeps control of the trust income, doling out money to the benefi... (more...)
A trust created for a beneficiary the grantor considers irresponsible about money. The trustee keeps control of the trust income, doling out money to the beneficiary as needed, and sometimes paying third parties (creditors, for example) on the beneficiary's behalf, bypassing the beneficiary completely. Spendthrift trusts typically contain a provision prohibiting creditors from seizing the trust fund to satisfy the beneficiary's debts. These trusts are legal in most states, even though creditors hate them.

GRANTOR RETAINED INCOME TRUST

Irrevocable trusts designed to save on estate tax. There are several kinds; with all of them, you keep income from trust property, or use of that property, for ... (more...)
Irrevocable trusts designed to save on estate tax. There are several kinds; with all of them, you keep income from trust property, or use of that property, for a period of years. When the trust ends, the property goes to the final beneficiaries you've named. These trusts are for people who have enough wealth to feel comfortable giving away a substantial hunk of property. They come in three flavors: Grantor-Retained Annuity Trusts (GRATs), Grantor-Retained Unitrusts (GRUTs) and Grantor-Retained Income Trusts (GRITs).

CERTIFIED COPY

A copy of a document issued by a court or government agency guaranteed to be a true and exact copy of the original. Many agencies and institutions require certi... (more...)
A copy of a document issued by a court or government agency guaranteed to be a true and exact copy of the original. Many agencies and institutions require certified copies of legal documents before permitting certain transactions. For example, a certified copy of a death certificate is required before a bank will release the funds in a deceased person's payable-on-death account to the person who has inherited them.

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.

ALTERNATE BENEFICIARY

A person, organization or institution that receives property through a will, trust or insurance policy when the first named beneficiary is unable or refuses to ... (more...)
A person, organization or institution that receives property through a will, trust or insurance policy when the first named beneficiary is unable or refuses to take the property. For example, in his will Jake leaves his collection of sheet music to his daughter, Mia, and names the local symphony as alternate beneficiary. When Jake dies, Mia decides that the symphony can make better use of the sheet music than she can, so she refuses (disclaims) the gift, and the manuscripts pass directly to the symphony. In insurance law, the alternate beneficiary, usually the person who receives the insurance proceeds because the initial or primary beneficiary has died, is called the secondary or contingent beneficiary.

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. ...