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Abraham Michelson
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1. Abraham Michelson Chicago, IL
  Attorney at Law - Illinois, 2013
  Thomas Cooley, JD, 2004
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Judy M. Overholt

Wills, Wills & Probate, Trusts, Contract

Status: In Good Standing

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160 Linden Oaks Drive, Rochester, NY 14625

Jacqueline A. Constantino

Wills & Probate, Trusts, Estate Planning, Estate

Status: In Good Standing

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3380 Monroe Avenue, Rochester, NY 14618

David Christopher Sieling

Personal Injury, Trusts, Litigation, Estate

Status: In Good Standing

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29 W Main St, Honeoye Falls, NY 14472

David Michael Mehalick

Trusts, Employee Rights, Corporate, Business

Status: In Good Standing Licensed: 43 Years

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99 Garnsey Rd, Pittsford, NY 14534

David Michael Mehalick

Trusts, Employee Rights, Corporate, Business

Status: In Good Standing Licensed: 43 Years

CONTACT

99 Garnsey Rd, Pittsford, NY 14534

Amanda Heusner Klier

International, Trusts, Estate

Status: In Good Standing Licensed: 17 Years

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26 Wood Stone Rise, Pittsford, NY 14534

Frank Samuel Hagelberg

Litigation, Trusts, Employment Discrimination, Elder Law, Banking & Finance

Status: In Good Standing Licensed: 52 Years

CONTACT

40 Split Rock Rd, Pittsford, NY 14534

Jacqueline A. Constantino

Trusts, Estate, Business

Status: In Good Standing Licensed: 33 Years

CONTACT

1 Saint Andrews Hl, Pittsford, NY 14534

Ralph J. Code

Trusts, Estate Planning, Estate, Business

Status: In Good Standing

CONTACT

145 Culver Rd, Rochester, NY 14620

Katharine M. Felluca

Wills & Probate, Trusts, Elder Law, Business, Real Estate

Status: In Good Standing Licensed: 17 Years

CONTACT

100 Meridian Centre Blvd, Rochester, NY 14618

800-923-0641

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LEGAL TERMS

PROBATE COURT

A specialized court or division of a state trial court that considers only cases concerning the distribution of deceased persons' estate. Called 'surrogate cour... (more...)

A specialized court or division of a state trial court that considers only cases concerning the distribution of deceased persons' estate. Called 'surrogate court' in New York and several other states, this court normally examines the authenticity of a will -- or if a person dies intestate, figures out who receives her property under state law. It then oversees a procedure to pay the deceased person's debts and to distribute her assets to the proper inheritors. See probate.

ADEMPTION

The failure of a bequest of property in a will. The gift fails (is 'adeemed') because the person who made the will no longer owns the property when he or she di... (more...)

The failure of a bequest of property in a will. The gift fails (is 'adeemed') because the person who made the will no longer owns the property when he or she dies. Often this happens because the property has been sold, destroyed or given away to someone other than the beneficiary named in the will. A bequest may also be adeemed when the will maker, while still living, gives the property to the intended beneficiary (called 'ademption by satisfaction'). When a bequest is adeemed, the beneficiary named in the will is out of luck; he or she doesn't get cash or a different item of property to replace the one that was described in the will. For example, Mark writes in his will, 'I leave to Rob the family vehicle,' but then trades in his car in for a jet ski. When Mark dies, Rob will receive nothing. Frustrated beneficiaries may challenge an ademption in court, especially if the property was not clearly identified in the first place.

KINDRED

Under some state's probate codes, all relatives of a deceased person.

WARRANTY DEED

A seldom-used type of deed that contains express assurances about the legal validity of the title being transferred.

AB TRUST

A trust that allows couples to reduce or avoid estate taxes. Each spouse puts his or her property in an AB trust. When the first spouse dies, his or her half of... (more...)

A trust that allows couples to reduce or avoid estate taxes. Each spouse puts his or her property in an AB trust. When the first spouse dies, his or her half of the property goes to the beneficiaries named in the trust -- commonly, the grown children of the couple -- with the crucial condition that the surviving spouse has the right to use the property for life and is entitled to any income it generates. The surviving spouse may even be allowed to spend principal in certain circumstances. When the surviving spouse dies, the property passes to the trust beneficiaries. It is not considered part of the second spouse's estate for estate tax purposes. Using this kind of trust keeps the second spouse's taxable estate half the size it would be if the property were left directly to the spouse. This type of trust is also known as a bypass or credit shelter trust.

FUNDING A TRUST

Transferring ownership of property to a trust.

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.

ACCUMULATION TRUST

A trust in which the income is retained and not paid out to beneficiaries until certain conditions are met. For example, if Uncle Pierre creates a trust for Nic... (more...)

A trust in which the income is retained and not paid out to beneficiaries until certain conditions are met. For example, if Uncle Pierre creates a trust for Nick's benefit but stipulates that Nick will not get a penny until he gets a Ph.D. in French; Nick is the beneficiary of an accumulation trust.

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.

SAMPLE LEGAL CASES

Tzolis v. Wolff

... Chancellor Walworth applied to a joint stock corporation â€” then a fairly new kind of entity â€” a familiar principle of the law of trusts: that a beneficiary (or "cestui que trust") could bring suit on behalf of a trust when a faithless trustee refused to do so. ...

IN THE MATTER OF DE SANCHEZ

... In 1927, two years before the Great Depression, Elizabeth Laurent de Sanchez, whose family owned a sugar plantation in Cuba, set up seven inter vivos trusts for the benefit of her six childrenâ€”Emilio (two trusts in his name), Jorge, Julio, Marcelo, Maria and Gabriela. ...

Matter of Mergenhagen

... as appealed from is unanimously reversed on the law without costs, 1487 the petitions are granted in part, the termination of trust dated October 10, 1994 is vacated, respondent David M. Mergenhagen is removed as trustee from the 1991 and 1994 irrevocable trusts, he is ...

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West Henrietta Trusts Lawyer, New York

Sponsored Law Firm

The Michelson Law Office

SPONSORED LAWYERS

Judy M. Overholt

Jacqueline A. Constantino

David Christopher Sieling

David Michael Mehalick

David Michael Mehalick

Amanda Heusner Klier

Frank Samuel Hagelberg

Jacqueline A. Constantino

Ralph J. Code

Katharine M. Felluca

TIPS

LEGAL TERMS

PROBATE COURT

ADEMPTION

KINDRED

WARRANTY DEED

AB TRUST

FUNDING A TRUST

ALTERNATE BENEFICIARY

ACCUMULATION TRUST

POWER OF APPOINTMENT

SAMPLE LEGAL CASES

Tzolis v. Wolff

IN THE MATTER OF DE SANCHEZ

Matter of Mergenhagen

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