North Evans Estate Planning Lawyer, New York

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Includes: Gift Taxation

William J Kita

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

Norman J. Mattar

Estate Planning, Personal Injury, Medical Malpractice, Car Accident
Status:  In Good Standing *Status is reviewed annually. For latest information visit here           

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Jerry A. Gambino

Estate Planning, Labor Law, Employment, Family Law, Personal Injury
Status:  In Good Standing *Status is reviewed annually. For latest information visit here           Licensed:  41 Years

Charles E. Milch

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

Patrick Matthew Mcnelis

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

Edward Charles Robinson

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

Stephen E. Cavanaugh

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

Jeffrey F. Voelkl

Landlord-Tenant, Estate Planning, Family Law, Corporate, Real Estate
Status:  In Good Standing *Status is reviewed annually. For latest information visit here           Licensed:  32 Years

Phillip Brothman

Education, Tax, Estate Planning, Corporate
Status:  In Good Standing *Status is reviewed annually. For latest information visit here           Licensed:  62 Years

John Robert Nuchereno

Elder Law, Estate Planning, Family Law
Status:  In Good Standing *Status is reviewed annually. For latest information visit here           Licensed:  47 Years

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

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800-943-8690

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LEGAL TERMS

REMAINDERMAN

Someone who will inherit property in the future. For instance, if someone dies and leaves his home 'to Alma for life, and then to Barry,' Barry is a remainderma... (more...)
Someone who will inherit property in the future. For instance, if someone dies and leaves his home 'to Alma for life, and then to Barry,' Barry is a remainderman because he will inherit the home in the future, after Alma dies.

DEED OF TRUST

See trust deed.

RULE AGAINST PERPETUITIES

An exceedingly complex legal doctrine that limits the amount of time that property can be controlled after death by a person's instructions in a will. For examp... (more...)
An exceedingly complex legal doctrine that limits the amount of time that property can be controlled after death by a person's instructions in a will. For example, a person would not be allowed to leave property to her husband for his life, then to her children for their lives, then to her grandchildren. The gift would potentially go to the grandchildren at a point too remote in time.

PRETERMITTED HEIR

A child or spouse who is not mentioned in a will and whom the court believes was accidentally overlooked by the person who made the will. For example, a child b... (more...)
A child or spouse who is not mentioned in a will and whom the court believes was accidentally overlooked by the person who made the will. For example, a child born or adopted after the will is made may be deemed a pretermitted heir. If the court determines that an heir was accidentally omitted, that heir is entitled to receive the same share of the estate as she would have if the deceased had died without a will. A pretermitted heir is sometimes called an 'omitted heir.'

SECONDARY MEANING

In trademark law, a mark that is not inherently distinctive becomes protected after developing a 'secondary meaning': great public recognition through long use ... (more...)
In trademark law, a mark that is not inherently distinctive becomes protected after developing a 'secondary meaning': great public recognition through long use and exposure in the marketplace. For example, though first names are not generally considered inherently distinctive, Ben & Jerry's Ice Cream has become so well known that it is now entitled to maximum trademark protection.

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.

HEIR APPARENT

One who expects to be receive property from the estate of a family member, as long as she outlives that person.

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.

TRUST MERGER

Under a trust, the situation that occurs when the sole trustee and the sole beneficiary are the same person or institution. Then, there's no longer the separati... (more...)
Under a trust, the situation that occurs when the sole trustee and the sole beneficiary are the same person or institution. Then, there's no longer the separation between the trustee's legal ownership of trust property from the beneficiary's interest. The trust 'merges' and ceases to exist.

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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