Johnstown Estate Planning Lawyer, New York

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Includes: Gift Taxation

Timothy F Wilkens

Real Estate, Estate Planning, Environmental Law, Family Law
Status:  In Good Standing *Status is reviewed annually. For latest information visit here           

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Michael E Cusack

Estate Planning, Environmental Law, Contract, Business Organization
Status:  In Good Standing *Status is reviewed annually. For latest information visit here           

Morgen M. Bowers

Corporate, Education, Estate Planning, Intellectual Property
Status:  In Good Standing *Status is reviewed annually. For latest information visit here           

Theresa Marinello Ries

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

John L. Orfan

Estate Planning, Real Estate, Litigation, Personal Injury
Status:  In Good Standing *Status is reviewed annually. For latest information visit here           

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Bellanca J. Fletcher

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

Mark L. Koblenz

Business Organization, Elder Law, Estate Planning, Freedom of Religion
Status:  In Good Standing *Status is reviewed annually. For latest information visit here           

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Mark Douglas Witecki

International, Trusts, Gift Taxation, Criminal
Status:  In Good Standing *Status is reviewed annually. For latest information visit here           Licensed:  13 Years

George B. Burke

Wills & Probate, Workers' Compensation, Estate Planning, Real Estate, Accident & Injury
Status:  In Good Standing *Status is reviewed annually. For latest information visit here           Licensed:  34 Years

Peter L. Coseo

Estate Planning, Estate, Workers' Compensation, Personal Injury, Employment
Status:  In Good Standing *Status is reviewed annually. For latest information visit here           Licensed:  48 Years

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

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LEGAL TERMS

DEVISEE

A person or entity who inherits real estate under the terms of a will.

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.

CONSERVATOR

Someone appointed by a judge to oversee the affairs of an incapacitated person. A conservator who manages financial affairs is often called a 'conservator of th... (more...)
Someone appointed by a judge to oversee the affairs of an incapacitated person. A conservator who manages financial affairs is often called a 'conservator of the estate.' One who takes care of personal matters, such as healthcare and living arrangements, is known as a 'conservator of the person.' Sometimes, one conservator is appointed to handle all these tasks. Depending on where you live, a conservator may also be called a guardian, committee or curator.

BENEFICIARY

A person or organization legally entitled to receive benefits through a legal device, such as a will, trust or life insurance policy.

ENTITY

An organization, institution or being that has its own existence for legal or tax purposes. An entity is often an organization with an existence separate from i... (more...)
An organization, institution or being that has its own existence for legal or tax purposes. An entity is often an organization with an existence separate from its individual members--for example, a corporation, partnership, trust, estate or government agency. The entity is treated like a person; it can function legally, be sued, and make decisions through agents.

QTIP TRUST

A type of trust for wealthy married couples that allows a surviving spouse to postpone estate taxes. A QTIP trust allows the surviving spouse to make use of the... (more...)
A type of trust for wealthy married couples that allows a surviving spouse to postpone estate taxes. A QTIP trust allows the surviving spouse to make use of the trust property tax-free. Taxes are deferred until the surviving spouse dies and the trust property is received by the final trust beneficiaries, who were named by the first spouse to die.

INHERITANCE TAXES

Taxes some states impose on people or organizations who inherit property from a deceased person's estate. The taxes are based on the value of the inherited prop... (more...)
Taxes some states impose on people or organizations who inherit property from a deceased person's estate. The taxes are based on the value of the inherited property.

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.

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.

SAMPLE LEGAL CASES

Schneider v. Finmann

... maintain an action for legal malpractice. We now reverse and reinstate plaintiff's claim. Strict privity, as applied in the context of estate planning malpractice actions, is a minority rule in the United States. [1] In New York, a third ...

Fielding v. Kupferman

... The documents at issue in Bishop were estate planning instruments executed by the plaintiff who believed that he was giving his wife a life estate and was not limiting his access to his life savings (Bishop, 33 AD3d 497, 501 [2006], affd 9 NY3d 910 [2007]). ...

Kram Knarf, LLC v. Djonovic

... The client's malpractice complaint was silent as to how the attorneys misled him, what they failed to explain to him concerning the estate planning documents he executed, and which of his instructions those documents did not reflect (33 AD3d at 498-499). ...

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