So Pole Estate Planning Lawyer, New York, page 5

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Includes: Gift Taxation

Mitchell R. Kops

International Other, Gift Taxation, Tax
Status:  In Good Standing *Status is reviewed annually. For latest information visit here           

Joseph Savitsky

Tax, Gift Taxation, Credit & Debt
Status:  In Good Standing *Status is reviewed annually. For latest information visit here           Licensed:  23 Years

Ada Wai Jar Chan

Estate Planning, Estate, Divorce & Family Law, Civil & Human Rights
Status:  In Good Standing *Status is reviewed annually. For latest information visit here           Licensed:  13 Years

Amanda Maria Zefi

Trusts, Estate Planning, Family Law, Divorce & Family Law
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Steven Michael Loeb

Commercial Real Estate, Trusts, Estate Planning, Personal Injury
Status:  In Good Standing *Status is reviewed annually. For latest information visit here           Licensed:  45 Years

Joseph Imbriaco

Income Tax, International Tax, Estate Planning, Estate
Status:  In Good Standing *Status is reviewed annually. For latest information visit here           

Joel Drucker

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

Elizabeth Valentin

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

Mason Lee Crocker

Gift Taxation, Tax
Status:  In Good Standing *Status is reviewed annually. For latest information visit here           Licensed:  39 Years

Sara Bussiere

Estate Planning, Divorce, Insurance, Bankruptcy
Status:  In Good Standing *Status is reviewed annually. For latest information visit here           

Free Help: Use This Form or Call 800-943-8690

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LEGAL TERMS

CURATOR

See conservator.

GENERATION-SKIPPING TRUST

A trust designed to save on estate tax. The trust principal is preserved for the trust maker's grandchildren, with his or her children receiving only income fro... (more...)
A trust designed to save on estate tax. The trust principal is preserved for the trust maker's grandchildren, with his or her children receiving only income from the trust. Because the children (the middle generation) never legally own the property, it isn't subject to estate tax at their death. See generation-skipping transfer tax.

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.

LETTERS TESTAMENTARY

The document given to an executor by the probate court, authorizing the executor to settle the estate according to either a will or the state's intestate succes... (more...)
The document given to an executor by the probate court, authorizing the executor to settle the estate according to either a will or the state's intestate succession laws.

TESTAMENTARY TRUST

A trust created by a will, effective only upon the death of the willmaker.

TRUSTEE

The person who manages assets owned by a trust under the terms of the trust document. A trustee's purpose is to safeguard the trust and distribute trust income ... (more...)
The person who manages assets owned by a trust under the terms of the trust document. A trustee's purpose is to safeguard the trust and distribute trust income or principal as directed in the trust document. With a simple probate-avoidance living trust, the person who creates the trust is also the trustee.

COUNTERCLAIM

A defendant's court papers that seek to reverse the thrust of the lawsuit by claiming that it was the plaintiff -- not the defendant -- who committed legal wron... (more...)
A defendant's court papers that seek to reverse the thrust of the lawsuit by claiming that it was the plaintiff -- not the defendant -- who committed legal wrongs, and that as a result it is the defendant who is entitled to money damages or other relief. Usually filed as part of the defendant's answer -- which also denies plaintiff's claims -- a counterclaim is commonly but not always based on the same events that form the basis of the plaintiff's complaint. For example, a defendant in an auto accident lawsuit might file a counterclaim alleging that it was really the plaintiff who caused the accident. In some states, the counterclaim has been replaced by a similar legal pleading called a cross-complaint. In other states and in federal court, where counterclaims are still used, a defendant must file any counterclaim that stems from the same events covered by the plaintiff's complaint or forever lose the right to do so. In still other states where counterclaims are used, they are not mandatory, meaning a defendant is free to raise a claim that it was really the plaintiff who was at fault either in a counterclaim or later as part of a separate lawsuit.

LAPSE

Under a will, the failure of a gift of property. A gift lapses when the beneficiary dies before the person who made the will, and no alternate has been named. S... (more...)
Under a will, the failure of a gift of property. A gift lapses when the beneficiary dies before the person who made the will, and no alternate has been named. Some states have anti-lapse statutes, which prevent gifts to relatives of the deceased person from lapsing unless the relative has no heirs of his or her own. A lapsed gift becomes part of the residuary estate.

CERTIFICATION OF TRUST

See abstract of trust.

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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