East Rochester Wills & Probate Lawyer, New York

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Includes: Estate Administration, Living Wills, Wills

Judy M. Overholt

Wills, Wills & Probate, Trusts, Contract
Status:  In Good Standing *Status is reviewed annually. For latest information visit here           

Jacqueline A. Constantino

Wills & Probate, Trusts, Estate Planning, Estate
Status:  In Good Standing *Status is reviewed annually. For latest information visit here           

Warren Welch

Family Law, Wills & Probate, Premises Liability, Wrongful Death, Employment
Status:  In Good Standing *Status is reviewed annually. For latest information visit here           Licensed:  55 Years

Judith Holender

Elder Law, Trusts, Estate Planning, Estate Administration
Status:  In Good Standing *Status is reviewed annually. For latest information visit here           Licensed:  41 Years

Wallace F. Ashnault

Real Estate, Trusts, Wills & Probate
Status:  In Good Standing *Status is reviewed annually. For latest information visit here           Licensed:  67 Years

Samuel Gilbert Brundage

Federal Trial Practice, Wills, Family Law, Reinsurance
Status:  In Good Standing *Status is reviewed annually. For latest information visit here           Licensed:  74 Years

Kirsten W. Lamb

Wills & Probate, Estate Planning
Status:  In Good Standing *Status is reviewed annually. For latest information visit here           

Mary Mab Fitz-Gerald

Wills, Estate
Status:  In Good Standing *Status is reviewed annually. For latest information visit here           Licensed:  31 Years

Free Help: Use This Form or Call 800-814-6700

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800-943-8690

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LEGAL TERMS

WILL

A document in which you specify what is to be done with your property when you die and name your executor. You can also use your will to name a guardian for you... (more...)
A document in which you specify what is to be done with your property when you die and name your executor. You can also use your will to name a guardian for your young children.

GROSS ESTATE

For federal estate tax filing purposes, the total of all property owned at death, without regard to any debts or liens against the property or the costs of prob... (more...)
For federal estate tax filing purposes, the total of all property owned at death, without regard to any debts or liens against the property or the costs of probate. Taxes are due only on the value of the property the person actually owned (the net estate) plus the amount of any taxable gifts made during life. In a few states, the gross estate is used when computing attorney fees for probating estates; the lawyer gets a percentage of the gross estate.

MINERAL RIGHTS

An ownership interest in the minerals contained in a particular parcel of land, with or without ownership of the surface of the land. The owner of mineral right... (more...)
An ownership interest in the minerals contained in a particular parcel of land, with or without ownership of the surface of the land. The owner of mineral rights is usually entitled to either take the minerals from the land himself or receive a royalty from the party that actually extracts the minerals.

IRREVOCABLE TRUST

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

FINAL BENEFICIARY

The person or institution designated to receive trust property upon the death of a life beneficiary. For example, Jim creates a trust through which his wife Jan... (more...)
The person or institution designated to receive trust property upon the death of a life beneficiary. For example, Jim creates a trust through which his wife Jane receives income for the duration of her life. Their daughter, the final beneficiary, receives the trust principal after Jane's death.

TRUSTEE POWERS

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

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.

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.

GENERATION-SKIPPING TRANSFER TAX

A federal tax imposed on money placed in a generation-skipping trust. Currently, there is a $1 million exemption to the GSTT; that is, each person may leave $1 ... (more...)
A federal tax imposed on money placed in a generation-skipping trust. Currently, there is a $1 million exemption to the GSTT; that is, each person may leave $1 million in a generation-skipping trust free of this tax. The GSST is imposed when the middle-generation beneficiaries die and the property is transferred to the third-generation beneficiaries. Every dollar over $1 million is subject to the highest existing estate tax rate--currently 55%--at the time the GSTT tax is applied.

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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