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Kenneth J. Gould

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Real Estate, Estate, Wills & Probate, Business

At Marcus, Gould & Sussman, LLP, we provide exceptional representation in a broad range of transactional, planning and litigation matters. With law of... (more)

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Lee David Auerbach

Divorce & Family Law, Accident & Injury, Business, Estate
Status:  In Good Standing           

Arthur E. Olmstead

Elder Law, Wills & Probate, Trusts, Wills
Status:  In Good Standing           

Anthony L. Zanazzi

Real Estate, Wills & Probate, Estate Planning, Corporate
Status:  In Good Standing           

LaurieAnne DeLitta

Divorce & Family Law, Estate, Real Estate
Status:  In Good Standing           

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Adam L. Scharf

Criminal, Estate Planning, Family Law, Real Estate
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Susan B. Slater-Jansen

Estate, Estate Planning, Trusts, Wills & Probate
Status:  In Good Standing           Licensed:  43 Years

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Peter Howard Tilem

Criminal, Family Law, Personal Injury, Wills & Probate
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Regina Kelly

Real Estate, Lawsuit & Dispute, Trusts, Divorce & Family Law
Status:  In Good Standing           Licensed:  42 Years

Katherine A. Lynch

Condominiums, Litigation, Estate Planning, Guardianships & Conservatorships
Status:  In Good Standing           Licensed:  25 Years

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LEGAL TERMS

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.

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.

ADEMPTION

The failure of a bequest of property in a will. The gift fails (is 'adeemed') because the person who made the will no longer owns the property when he or she di... (more...)
The failure of a bequest of property in a will. The gift fails (is 'adeemed') because the person who made the will no longer owns the property when he or she dies. Often this happens because the property has been sold, destroyed or given away to someone other than the beneficiary named in the will. A bequest may also be adeemed when the will maker, while still living, gives the property to the intended beneficiary (called 'ademption by satisfaction'). When a bequest is adeemed, the beneficiary named in the will is out of luck; he or she doesn't get cash or a different item of property to replace the one that was described in the will. For example, Mark writes in his will, 'I leave to Rob the family vehicle,' but then trades in his car in for a jet ski. When Mark dies, Rob will receive nothing. Frustrated beneficiaries may challenge an ademption in court, especially if the property was not clearly identified in the first place.

GRANTOR

Someone who creates a trust. Also called a trustor or settlor.

FAMILY POT TRUST

See pot trust.

TITLE COMPANY

A company that issues title insurance.

OFFICER

A person elected by a profit or nonprofit corporation's board of directors, or by the manager of a limited liability company, to manage the day-to-day operation... (more...)
A person elected by a profit or nonprofit corporation's board of directors, or by the manager of a limited liability company, to manage the day-to-day operations of the organization. Officers generally hold titles such as President or Treasurer. Many states and most corporate bylaws or LLC operating agreements require a corporation or LLC to have a president, secretary and treasurer. Election of a vice president may be required by state law.

SURVIVING SPOUSE'S TRUST

If a couple has created an AB trust, the revocable living trust (Trust B) of the surviving spouse, after the first spouse has died.

CERTIFICATION OF TRUST

See abstract of trust.

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 ...