C Raymond Radigan

September 12, 2011 | New York Law Journal

In his Trusts and Estates column, C. Raymond Radigan, of counsel to Ruskin Moscou Faltischek, writes that in 1987, the New York Court of Appeals held that a bank was negligent for failing to diversify trust holdings of Kodak stock.1 Since then, several New York cases examined whether a bank trustee was negligent for failing to diversify investments.

By C. Raymond Radigan and Raymond C. Radigan

14 minute read

January 20, 2005 | New York Law Journal

C. Raymond Radigan, former surrogate of Nassau County and of counsel to Ruskin Moscou Faltischek, analyzes a number of pending proposals that would correct technical deficiences within the Act, including the definition of "income."

By C. Raymond Radigan

9 minute read

July 31, 2009 | New York Law Journal

C. Raymond Radigan and Adam J. Gott�lieb, of counsels to Ruskin Moscou Faltischek, discuss the circumstances under which Surrogates provide advice and direction to fiduciaries. Very often fiduciaries bring on advice and direction proceedings knowing the likelihood of the court's refusal to grant the relief. However, the attempt under proper circumstances should nonetheless be made to ensure that the fiduciary does have the power to make the judgment, and even if the the fiduciary anticipates the court's rejection, the good faith effort may prove that the fiduciary was prudent in making its ultimate decision and may thereby avoid a surcharge.

By C. Raymond Radigan and Adam J. Gottlieb

8 minute read

November 22, 2010 | New York Law Journal

In this weeks' Trusts & Estates Law column, C. Raymond Radigan and Jennifer F. Hillman of Ruskin Moscou Faltischek write that for the first time the Court of Appeals recently held that a personal representative has the same ability to sue an attorney who performed estate planning services as the decedent.

By C. Raymond Radigan and Jennifer F. Hillman

8 minute read

July 21, 2008 | New York Law Journal

C. Raymond Radigan, a former surrogate of Nassau County and of counsel to Ruskin Moscou Faltischek, and Raymond C. Radigan, senior vice president at the U.S. Trust Bank of America, Private Wealth Management, write that concentrated holdings within a trust portfolio poses an inordinate amount of risk that a trustee cannot take lightly. Thankfully, a trustee has several alternatives to consider, but, once chosen, the trustee should document the reasons why a particular strategy is being used and this decision should be reviewed on a regular basis.

By C. Raymond Radigan and Raymond C. Radigan

17 minute read

January 28, 2008 | New York Law Journal

C. Raymond Radigan, a former surrogate of Nassau County and of counsel to Ruskin Moscou Faltischek, and Adam J. Gottlieb, of counsel to the firm, write that in 1961 the voters approved a new state Constitution, which specifically provided that that the Surrogate Court would have jurisdiction over all questions arising in connection with the affairs of a decedent, guardianship of property of minors and some additional jurisdiction that the Legislature sought to delegate to the Surrogate's Court.

By C. Raymond Radigan and Adam J. Gottlieb

13 minute read

September 29, 2005 | New York Law Journal

C. Raymond Radigan, of counsel to Ruskin Moscou Faltischek, and Frank J. Gobes, a senior associate at the firm, suggest several simple common sense methods a will draftsperson should use to avoid contests over questions of testamentary capacity, including seeking the evidence of medical experts before the signing, communicating directly with the testator, and keeping handwritten drafts.

By C. Raymond Radigan and Frank J. Gobes

14 minute read

January 10, 2011 | New York Law Journal

In their Trusts and Estates Law column, C. Raymond Radigan and Peter K. Kelly, of counsel to Ruskin Moscou Faltischek, write that the Court of Appeals specifically overruled a 1971 precedent last year, holding that trial courts have discretion to allocate responsibility for the payment of a fiduciary's attorney's fees.

By C. Raymond Radigan and Peter K. Kelly

8 minute read

July 29, 2005 | New York Law Journal

C. Raymond Radigan, a former surrogate of Nassau County and of counsel to Ruskin Moscou Faltischek, and Frank J. Gobes, a senior associate at the firm, write that practitioners must be aware that some contested probate matters cannot be avoided by the estate planner/will draftsperson. Sufficient animosity grips some families over a period of years (sometimes decades or even generations) that there is simply no way to avoid a contest.

By C. Raymond Radigan and Frank J. Gobes

11 minute read

September 26, 2006 | New York Law Journal

C. Raymond Radigan, a former surrogate of Nassau County and of counsel to Ruskin Moscou Faltischek, writes that until recently there was no direct and concise law as to who had the authority to make arrangements for burial or other means of disposing of decedent's remains. It was generally accepted, that if there was a dispute, the surviving spouse would be given the priority in making the decisions regarding burial. Otherwise, it would be the children.

By C. Raymond Radigan

10 minute read