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July 20, 2010
Estate-Planning
             
 
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Estate Planning Terms and Definitions

 

 

 

Interlineation
Something written in-between; often a change to a typed document that is made by crossing out words and entering in replacement words. Never change an executed will or trust by interlineation.

Decedent
A person who has died.

Incapacity / Incompetent
Legally unable to manage one's own affairs due to mental disability. This may be temporary or permanent.

Will
A written document that provides instructions for disposing of a person's property upon the person's death. A will generally also names an executor or personal representative to handle the estate.

Tenancy-in-Common
A form of ownership of property in which two or more persons share ownership (may be equal or unequal shares). At the death of a tenant-in-common, his/her share in the property transfers to his/her heirs, rather than to the other surviving owner(s). Compare with Joint Tenancy.

Informed Consent
An authorization to proceed by a person who has been given and understands all of the relevant facts.

Joint Tenancy
Property owned by two or more people in a manner such that upon death of one of the joint owners, all of his/her interest in the property is transferred immediately, by operation of law, to the other surviving owners.

Family Limited Partnership
A legal partnership agreement between members of a family for the management and control of property for the benefit of family members. Sometimes used to minimize transfer taxes.

Transfer Tax
The combined Federal Estate and Gift tax. A single exemption credit applies whether the property was transferred during a person's lifetime (gift tax) or is held by a person at the time of his/her death (estate tax).

In-Terrorum Clause
A provision of a will or trust that disinherits a person in the event that he/she challenges the terms of the will or trust. Sometime called a No-Contest Clause.

 

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Did You Know?    
 
 
A "Family Limited Partnership" can be used to own and manage your property
In a similar manner to a Trust, but allowing additional tax planning techniques to be employed. Family Limited Partnerships are typically used for those who have large estates and thus have a need for specialized estate planning in order to minimize federal and state estate/death/inheritance taxes as well as provide elements of asset protection.

 


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Latest news about Financial & Estate Planning in Brooklyn and nationwide:

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Estate Planning Terms

 


Today's Terms

Inheritance Tax

Definition:
A tax imposed by the state at the time of a person's death that is based upon the total value of the decedent's estate

Tenancy-in-Common

Definition:
A form of ownership of property in which two or more persons share ownership (may be equal or unequal shares). At the death of a tenant-in-common, his/her share in the property transfers to his/her heirs, rather than to the other surviving owner(s). Compare with Joint Tenancy.

Transfer Tax

Definition:
The combined Federal Estate and Gift tax. A single exemption credit applies whether the property was transferred during a person's lifetime (gift tax) or is held by a person at the time of his/her death (estate tax).

More Estate Planning Terms >

 

Estate Planning Resources

 


Search Estate Planning resources in our resource center:

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Estate Planning Hot Topics

 
Topics Related to Estate Planning:

  • Trusts
  • Wills
  • Uniform Probate Code
  • Gift Tax

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Brooklyn Estate-Planning Attorney

 
If you live in the following cities and need an Estate-Planning attorney you should contact our Estate-Planning Attorney as soon as possible:

  • Astoria
  • Auburn
  • Bay Shore
  • Brentwood
  • Bronx
  • Brooklyn
  • Buffalo
  • Corona
  • Elmhurst
  • Elmont
  • Endicott
  • Fairport
  • Far Rockaway
  • Flushing
  • Forest Hills
  • Freeport
  • Hamburg
  • Hempstead
  • Huntington
  • Huntington Station
  • Ithaca
  • Jackson Heights
  • Jamaica
  • Jamestown
  • Levittown
  • Lindenhurst
  • Lockport
  • Long Beach
  • Massapequa
  • Middletown
  • New York
  • Newburgh
  • North Tonawanda
  • Patchogue
  • Poughkeepsie
  • Rego Park
  • Ridgewood
  • Rochester
  • Rome
  • South Ozone Park
  • South Richmond Hill
  • Spring Valley
  • Staten Island
  • Tonawanda
  • Troy
  • Webster
  • West Babylon
  • Westbury
  • Whitestone
  • Woodside
  • Yonkers
 


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