Fabius Wills & Probate Lawyer, New York

Sponsored Law Firm


Includes: Estate Administration, Living Wills, Wills

Raymond J. Dague

Wills & Probate, Family Law, Divorce, Constitutional Law, Corporate
Status:  In Good Standing           

Joel N. Melnicoff

Social Security -- Disability, Collection, Banking & Finance, Wills & Probate
Status:  In Good Standing           Licensed:  60 Years

C Samuel Beardsley

Estate, Wills & Probate, Family Law
Status:  In Good Standing           Licensed:  55 Years

Stephen T. McMahon

Mental Health, Wills & Probate, Trusts, Estate Planning
Status:  In Good Standing           Licensed:  39 Years

John S. King

Real Estate, Wills & Probate, Trusts, Consumer Rights
Status:  Retired           Licensed:  40 Years

Jane G. Kuppermann

Civil Rights, Litigation, Personal Injury, Wills & Probate
Status:  In Good Standing           

Harvey Robert Lasner

Wills, Trusts, Estate Planning, Elder Law
Status:  In Good Standing           Licensed:  54 Years

John J. Caswell

Private Schools, International Tax, Estate Administration
Status:  In Good Standing           Licensed:  64 Years

Philip Charles Miller

Residential Real Estate, Wills & Probate, Traffic
Status:  In Good Standing           Licensed:  47 Years

Terri Conti York

Real Estate, Wills & Probate, Estate Planning, Elder Law
Status:  In Good Standing           Licensed:  36 Years

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800-943-8690

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LEGAL TERMS

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.'

INTESTATE SUCCESSION

The method by which property is distributed when a person dies without a valid will. Each state's law provides that the property be distributed to the closest s... (more...)
The method by which property is distributed when a person dies without a valid will. Each state's law provides that the property be distributed to the closest surviving relatives. In most states, the surviving spouse, children, parents, siblings, nieces and nephews, and next of kin inherit, in that order.

TRUSTEE POWERS

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

PETITION

A formal written request made to a court, asking for an order or ruling on a particular matter. For example, if you want to be appointed conservator for an elde... (more...)
A formal written request made to a court, asking for an order or ruling on a particular matter. For example, if you want to be appointed conservator for an elderly relative, you must file a petition with a court. See also complaint.

PRETERMITTED HEIR

A child or spouse who is not mentioned in a will and whom the court believes was accidentally overlooked by the person who made the will. For example, a child b... (more...)
A child or spouse who is not mentioned in a will and whom the court believes was accidentally overlooked by the person who made the will. For example, a child born or adopted after the will is made may be deemed a pretermitted heir. If the court determines that an heir was accidentally omitted, that heir is entitled to receive the same share of the estate as she would have if the deceased had died without a will. A pretermitted heir is sometimes called an 'omitted heir.'

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.

PREDECEASED SPOUSE

In the law of wills, a spouse who dies before the will maker while still married to him or her.

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. ...