Practice Areas and Legal Definitions

Probate: 
Probate is the legal process of transferring property following a person's death.  Although probate customs and laws have changed over time, the purpose has remained much the same: an individual formalizes his or her intentions as to the transfer of his or her property at the time of death (typically through a Will); his or her property is collected, certain debts are paid from the estate and the property is distributed accordingly.

Wills:
A Will is a written instrument containing directions on how the assets and property of the testator (individual creating the Will) shall be divided upon his or her death.  Wills can also contain instructions regarding the care of minor children, gifts to charity and formation of posthumous trusts.  In order for a Will to be legally valid, the testator must sign the Will in the presence of two witnesses and he or she must be mentally competent and not acting under duress or under the controlling influence of another.

Will Contests:
A Will Contest is a type of litigation that challenges the admission of a Will to probate.  Issues that are likely to spur the contesting of a Will include: 

• the testator lacked mental capacity, i.e. was senile, delusional or of unsound mind at the time the documents were created;
• the testator was subjected to fraud, coercion or undue influence during its creation and implementation;
• there are ambiguities in the document or
• the Will is a forgery or does not conform to legal requirements as to the number and nature of the witnesses.

If the Will is thrown out, the court, depending on state law and the specific facts and circumstances may disallow only the part of the Will that was challenged; throw out the entire Will, distributing the property as if the person died without a Will or use the last previous Will.

Trusts:
Trusts are estate-planning tools that can replace or supplement Wills and can also help manage property during life.  A trust manages the distribution of a person's property by transferring its benefits and obligations to different people.  Maintaining assets in a Trust often makes it easier to minimize taxes and leave a larger inheritance.  A Trust is also a way to provide a steady income to the Beneficiary over time (as opposed to distribution in a lump sum), thus reducing the Beneficiary's tax burden, allowing the Trust to grow through investment, and keeping assets free from creditors of the Trust beneficiary.  Trusts can also be established for the benefit of charitable organizations.

Estate Planning:
Good estate planning is more than just a simple Will.  It minimizes potential taxes and fees (including Federal and State gift and estate taxes), and sets up contingency planning to make sure wishes regarding health care treatment are followed before and after death.  A good estate plan also coordinates what happens to a home, investments, business, life insurance, employee benefits (such as a 401K plan) and other property in the event of disability or death.

Powers of Attorney:
Powers of Attorney are governed by the law of agency, a branch of common law concerned with the delegation of power from one person (the principal) to another (attorney-in-fact or agent).  When a person becomes incapacitated, the government or the court often steps in and appoints someone to represent and make legal decisions for the incapacitated person.  One of the ways to avoid government or court intervention and the appointment of a stranger to act as your guardian, is to use a Power of Attorney.  A Power of Attorney is a written document that can be limited in scope, or it can allow one person to give another the full power and authority to represent him or her.  There are two types of Power of Attorneys; one covering assets and one covering health care decisions.

Estate Tax Returns:
The money and property you own when you die (your estate) may be subject to federal estate tax.  Most estates are not subject to the tax.  Only about 2% of all estates are subject to the estate tax.  An estate tax return generally will not be needed unless the estate is worth more than the applicable exclusion amount for the year of death.  The estate tax is technically a tax on the transfer of property to others, generally to children of a decedent. 

Estate taxes are different from, and in addition to, probate expenses and final income taxes owed on income the decedent earned in the year of his or her death.  They also are separate from inheritance taxes that are collected by some states. 

Most states impose their own estate taxes, usually as a "sponge tax" that piggybacks on the federal estate tax.  The federal estate tax allows each estate a tax credit for any state inheritance or estate taxes paid, up to a maximum dollar amount. 

If you or someone you know needs the legal representation of an experienced New York & Florida Estate Planning attorney, call The Law Office of Angela Siegel today at 866-633-5103, or complete the contact form provided on this site to arrange your initial consultation.

If you or someone you know needs the legal representation of an experienced New York & Florida Estate Planning attorney, call The Law Office of Angela Siegel today at 866-633-5103, or complete the contact form provided on this site to arrange your initial consultation.

ADDRESS OF THE FIRM:
The Law Office of Angela Siegel
1205 Franklin Avenue
Garden City, NY 11530
Phone: 866-633-5103
Hours: M-F, 8:00AM-5:00PM

MEMBERS OF THE FIRM:

• Attorney Angela Siegel, Esq.
  

Angela Siegel earned her postdoctoral Master of Laws (LL.M.) degree in Taxation from New York University School of Law and her Juris Doctor degree from Fordham University School of Law. She has been admitted to practice in New York, Florida, Massachusetts, Pennsylvania and the District of Columbia. She is a member of the Business Law, Tax Law and Trusts & Estates Law committees of the American Bar, New York State Bar and Nassau County Bar Associations.

After spending a number of years working at the large and prestigious Manhattan law firm of Proskauer Rose, Angela Siegel opened her own law office in 1991. In addition to her legal background, Angela spent several years working in government and politics, first as an assistant with the United States House of Representatives and later as a member of the Executive Staff of Harrison J. Goldin, former New York City Comptroller. She also earned a Master of Science degree from Columbia University and in November, 1995, she was admitted to practice before the Supreme Court of the United States.

Angela's firm also provides services related to both residential and commercial real estate, prenuptial agreements, business formations, contracts, buying and selling of businesses, and franchising.