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Jeffrey Edward Litman Lawyer

Jeffrey Edward Litman

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Accident & Injury, Bankruptcy & Debt, Criminal, Estate

Eugene Litman, Esq. established Litman & Litman, P.C. in 1958. Eugene raised his four sons with aspirations that they would join him in the legal prof... (more)

Rashmee  Sinha Lawyer

Rashmee Sinha

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Divorce & Family Law, Accident & Injury, Estate, Immigration, Employment

Rashmee Sinha focuses her practice on labor and employment counseling and litigation. As a logical, strategic, and pro-active employment defense at... (more)

Steven William Stutman Lawyer

Steven William Stutman

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Real Estate, Consumer Bankruptcy, Wills & Probate, Bankruptcy

Steven Stutman is a practicing lawyer in the state of New York handling Real Estate and Estate matters.

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Frank Nicholas Mavroudis Lawyer

Frank Nicholas Mavroudis

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Mr. Frank Mavroudis has been licensed for 37 years, is full of knowledge, and is eager to help you with your case.

John  Virdone Lawyer

John Virdone

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Divorce & Family Law, Child Custody, Estate, Wills & Probate, Elder Law
The goal of The Virdone Law Firm, P.C. is to provide unparalleled legal representation.

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John  Weber Lawyer

John Weber

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With the singular focus of individual Bankruptcy Law, we bring a collective effort to delivering personalized and effective representation to each of ... (more)

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David P. Badanes Lawyer
David P. Badanes
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David P. Badanes

David P. Badanes is a Top Attorney Award winner at Attorney.com. Only 5% have the elite qualifications. Click the badge for more info.
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Divorce & Family Law, Estate, Bankruptcy & Debt

Choosing your divorce, family or criminal defense lawyer is one of the most important decisions you will ever make. David Badanes Esq. has extensi... (more)

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631-239-1702

Lawrence Neal Berwitz Lawyer

Lawrence Neal Berwitz

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Estate, Trusts, Elder Law, Power of Attorney, Wills & Probate

Lawrence N. Berwitz has been practicing law since 1980. He is a graduate of St. John’s University School of Law (1979) and earned his bachelor’s ... (more)

Anthony A. Nozzolillo, Esq. Lawyer

Anthony A. Nozzolillo, Esq.

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Real Estate, Litigation, Business, Personal Injury, Estate
Seasoned Real Estate and General Practice Attorney

Anthony A. Nozzolillo, Esq. is seasoned attorney representing individual and corporate buyers, sellers, and lenders in both routine and complex reside... (more)

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516-600-9750

Douglas P. Mayer Lawyer

Douglas P. Mayer

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Divorce & Family Law, Estate

The Law Office of Douglas P. Mayer is a full-service law firm concentrating in Matrimonial and Family Law, Personal Injury Litigation, Wills and Estat... (more)

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800-948-7591

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LEGAL TERMS

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.

PROBATE

The court process following a person's death that includes proving the authenticity of the deceased person's will appointing someone to handle the deceased pers... (more...)
The court process following a person's death that includes proving the authenticity of the deceased person's will appointing someone to handle the deceased person's affairs identifying and inventorying the deceased person's property paying debts and taxes identifying heirs, and distributing the deceased person's property according to the will or, if there is no will, according to state law. Formal court-supervised probate is a costly, time-consuming process -- a windfall for lawyers -- which is best avoided if possible.

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.'

PROVING A WILL

Convincing a probate court that a document is truly the deceased person's will. Usually this is a simple formality that the executor or administrator easily sat... (more...)
Convincing a probate court that a document is truly the deceased person's will. Usually this is a simple formality that the executor or administrator easily satisfies by showing that the will was signed and dated by the deceased person in front of two or more witnesses. When the will is holographic -- that is, completely handwritten by the deceased and not witnessed, it is still valid in many states if the executor can produce relatives and friends to testify that the handwriting is that of the deceased.

IRREVOCABLE TRUST

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

STATUTORY SHARE

The portion of a deceased person's estate that a spouse is entitled to claim under state law. The statutory share is usually one-third or one-half of the deceas... (more...)
The portion of a deceased person's estate that a spouse is entitled to claim under state law. The statutory share is usually one-third or one-half of the deceased spouse's property, but in some states the exact amount of the spouse's share depends on whether or not the couple has young children and, in a few states, on how long the couple was married. In most states, if the deceased spouse left a will, the surviving spouse must choose either what the will provides or the statutory share. Sometimes the statutory share is known by its more arcane legal name, dower and curtesy, or as a forced or elective share.

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.

REAL ESTATE AGENT

A foot soldier of the real estate business who shows houses and does most of the other nitty-gritty tasks associated with selling real estate. An agent must hav... (more...)
A foot soldier of the real estate business who shows houses and does most of the other nitty-gritty tasks associated with selling real estate. An agent must have a state license and be supervised by a real estate broker. Most agents are completely dependent upon commissions from sellers for their income, so it pays to find out which side the agent represents (buyer, seller or both) before you place too much trust in the agent's opinion.

SAMPLE LEGAL CASES

Step-Murphy, LLC v. B&B Brothers Real Estate Corp.

In 1986 Markatos Realtors, Inc. (hereinafter Markatos), Rutger's immediate predecessor in interest, along with Brookside Park Properties, Inc., the defendant's predecessor in interest, executed a written indenture providing, among other things, for mutual easements designating 12 ...

Colasacco v. Robert E. Lawrence Real Estate

In October 2002 the defendant Christopher DiCorato, a real estate agent employed by the defendant Robert E. Lawrence Real Estate (hereinafter Lawrence, and hereinafter together the defendants), met with the plaintiffs and showed them a parcel of vacant property that was ...

Kerusa Co. LLC v. W10Z/515 Real Estate Ltd. Partnership

In any event, plaintiff fails, as a matter of law, to demonstrate any injury for which it is entitled to hold defendant sponsors liable. Although the purchase agreement obligated defendant sponsors to provide plaintiff with a building and unit constructed "in a good and workman-like ...