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Robert A. Klipstein Lawyer

Robert A. Klipstein

VERIFIED *Status is reviewed annually. For latest information visit here
Immigration, Estate Planning

Mr. Klipstein concentrates in two areas of the law: 1. Trusts and Estates, Estate Planning, Wills, Estate Administration, and Estate, Gift and Inco... (more)

Russel  Morgan Lawyer
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Russel Morgan
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Russel Morgan

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Russel Morgan is a Top Attorney Award winner at Attorney.com. Only 5% have the elite qualifications. Click the badge for more info.
VERIFIED *Status is reviewed annually. For latest information visit here
Estate Planning, Contract, Elder Law, Commercial Real Estate, Trusts

Russel Morgan is a practicing lawyer in the state of New York.

Christopher Pierre Anderson Lawyer

Christopher Pierre Anderson

VERIFIED *Status is reviewed annually. For latest information visit here
Estate Planning, Civil Rights, Business & Trade, Bankruptcy, Landlord-Tenant

Christopher Anderson is a practicing lawyer in the state of New York handling a variety of legal matters.

Elisha  Wellerstein Lawyer

Elisha Wellerstein

VERIFIED *Status is reviewed annually. For latest information visit here
Estate, Elder Law, Trusts, Wills & Probate, Estate Planning

Elisha is the founding principal of Wellerstein Law Group, P.C. With his years of experience as an accountant and business consultant, Elisha is able ... (more)

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Anthony Vincent Falcone Lawyer

Anthony Vincent Falcone

VERIFIED *Status is reviewed annually. For latest information visit here
Estate Planning

Mr. Falcone has extensive knowledge in estate planning for families of all ages and all income levels, Medicaid Asset Protection for seniors, Special ... (more)

Jacob M. Dyckman

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

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Dan Shaked

Estate Planning, Corporate, Credit & Debt, Bankruptcy
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Valerie A. Burg

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

A. Mitchell Greene

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

Philip C. Semprevivo

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

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

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

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LEGAL TERMS

ALTERNATE BENEFICIARY

A person, organization or institution that receives property through a will, trust or insurance policy when the first named beneficiary is unable or refuses to ... (more...)
A person, organization or institution that receives property through a will, trust or insurance policy when the first named beneficiary is unable or refuses to take the property. For example, in his will Jake leaves his collection of sheet music to his daughter, Mia, and names the local symphony as alternate beneficiary. When Jake dies, Mia decides that the symphony can make better use of the sheet music than she can, so she refuses (disclaims) the gift, and the manuscripts pass directly to the symphony. In insurance law, the alternate beneficiary, usually the person who receives the insurance proceeds because the initial or primary beneficiary has died, is called the secondary or contingent beneficiary.

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.

POWER OF APPOINTMENT

The legal authority to decide who will receive someone else's property, usually property held in a trust. Most trustees can distribute the income from a trust o... (more...)
The legal authority to decide who will receive someone else's property, usually property held in a trust. Most trustees can distribute the income from a trust only according to the terms of the trust, but a trustee with a power of appointment can choose the beneficiaries, sometimes from a list of candidates specified by the grantor. For example, Karin creates a trust with power of appointment to benefit either the local art museum, symphony, library or park, depending on the trustee's assessment of need.

PER STIRPES

Under a will, a method of determining who inherits property when a joint beneficiary has died before the willmaker, leaving living children of his or her own. F... (more...)
Under a will, a method of determining who inherits property when a joint beneficiary has died before the willmaker, leaving living children of his or her own. For example, Fred leaves his house jointly to his son Alan and his daughter Julie. But Alan dies before Fred, leaving two young children. If Fred's will states that heirs of a deceased beneficiary are to receive the property 'per stirpes,' Julie will receive one-half of the property, and Alan's two children will share his half in equal shares (through Alan by right of representation). If, on the other hand, Fred's will states that the property is to be divided per capita, Julie and the two grandchildren will each take a third.

SPENDTHRIFT TRUST

A trust created for a beneficiary the grantor considers irresponsible about money. The trustee keeps control of the trust income, doling out money to the benefi... (more...)
A trust created for a beneficiary the grantor considers irresponsible about money. The trustee keeps control of the trust income, doling out money to the beneficiary as needed, and sometimes paying third parties (creditors, for example) on the beneficiary's behalf, bypassing the beneficiary completely. Spendthrift trusts typically contain a provision prohibiting creditors from seizing the trust fund to satisfy the beneficiary's debts. These trusts are legal in most states, even though creditors hate them.

PUBLIC ADMINISTRATOR

Someone appointed by a probate court to oversee probate proceedings when a person dies without a will or heirs, and his or her property is expected to pass to t... (more...)
Someone appointed by a probate court to oversee probate proceedings when a person dies without a will or heirs, and his or her property is expected to pass to the state. Some states have public administrators who are responsible for temporarily preserving the assets of an estate if there are disputes about specific provisions in the will or about who will be appointed the regular administrator.

CREDIT SHELTER TRUST

See AB trust.

HOLOGRAPHIC WILL

A will that is completely handwritten, dated and signed by the person making it. Holographic wills are generally not witnessed. Although it's legal in many stat... (more...)
A will that is completely handwritten, dated and signed by the person making it. Holographic wills are generally not witnessed. Although it's legal in many states, making a holographic will is never advised except as a last resort.

PER CAPITA

Under a will, the most common method of determining what share of property each beneficiary gets when one of the beneficiaries dies before the willmaker, leavin... (more...)
Under a will, the most common method of determining what share of property each beneficiary gets when one of the beneficiaries dies before the willmaker, leaving children of his or her own. For example, Fred leaves his house jointly to his son Alan and his daughter Julie. But Alan dies before Fred, leaving two young children. If Fred's will states that heirs of a deceased beneficiary are to receive the property per capita, Julie and the two grandchildren will each take a third. If, on the other hand, Fred's will states that heirs of a deceased beneficiary are to receive the property per stirpes, Julie will receive one-half of the property, and Alan's two children will share his half in equal shares (through Alan by right of representation).

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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