C Raymond Radigan

September 14, 2009 | New York Law Journal

C. Raymond Radigan and Peter K. Kelly, of counsel to Ruskin Moscou Faltischek, write that because many states adopted some form of the ABA's Model Rules decades ago, a significant body of case law exists outside the State of New York concerning violations of the prohibition of Rule 1.8(c) that a lawyer shall not draft an instrument giving a substantial gift to the lawyer or a person related to the lawyer unless the client is a relative. While harsh penalties have only been imposed where multiple violations occur or other disciplinary misconduct is present, one court considered requiring the attorney to disclaim the testamentary gift as a condition of reinstatement to the bar.

By C. Raymond Radigan and Peter K. Kelly

10 minute read

May 13, 2010 | New York Law Journal

In their Trusts and Estates Law column, C. Raymond Radigan, of counsel to Ruskin Moscou Faltischek and Jennifer F. Hillman, an associate at the firm, review recent decisions that highlight a specific type of elder abuse where a person takes unfair advantage of an individual who lacks the capacity to enter into a marriage or otherwise utilizes fraud and undue influence to secretly marry the individual for the purpose of obtaining a portion of his or her estate at the expense of the intended heirs.

By C. Raymond Radigan and Jennifer F. Hillman

13 minute read

July 11, 2011 | New York Law Journal

In their Trusts and Estates Law feature, C. Raymond Radigan and Peter K. Kelly of Ruskin Moscou Faltischek discuss how a testator must be of a sound mind in her understanding of the nature, extent and condition of her property, and how establishing that clarity has become much easier under current case law.

By C. Raymond Radigan and Peter K. Kelly

12 minute read

May 09, 2011 | New York Law Journal

In their Trusts and Estates Law column, C. Raymond Radigan and David R. Schoenhaar of Ruskin Moscou Faltischek write that the fallout from the 2009 revisions to the statutory power of attorney created such confusion and criticism in the legal community that amendments were quickly implemented. However, there still remain significant problems that necessitate further corrections or guidance in the near future.

By C. Raymond Radigan and David R. Schoenhaar

14 minute read

June 08, 2006 | New York Law Journal

C. Raymond Radigan, a former surrogate of Nassau County and of counsel to Ruskin Moscou Faltischek, writes that estate planners may still utilize life insurance in order to reduce estate taxes because of social and economic benefits that the Congress attributes to life insurance, as well as successful lobbying by the life insurance industry.

By C. Raymond Radigan

9 minute read

March 06, 2007 | New York Law Journal

C. Raymond Radigan, of counsel to Ruskin Moscou Faltischek PC, and Adam J. Gottlieb, a senior associate at the firm, write that many techniques to reduce the impact of income, gift and estate taxes on the wealth of a family have been curtailed or eliminated in recent years. One that remains viable in certain circumstances is the trust and leaseback arrangement - but execute with care. If improperly implemented, the arrangement can have disastrous consequences.

By C. Raymond Radigan and Adam J. Gottlieb

12 minute read

March 29, 2006 | 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 - perhaps with a goal of keeping things simple, or simply trying to avoid probate - joint bank and brokerage accounts with right of survivorship are extremely popular today.

By C. Raymond Radigan and Frank J. Gobes

9 minute read

November 10, 2008 | New York Law Journal

C. Raymond Radigan and Adam J. Gottlieb, of counsel to Ruskin Moscou Faltischek, discuss four topics of succession planning, incorporating the use of two different types of trusts in planning: advance planning for succession, using trusts in the plan, sale to an Intentionally Defective Grantor Trust, transfer to a Grantor Retained Annuity Trust, and a comparison of using a GRAT versus an IDGT.

By C. Raymond Radigan and Adam J. Gottlieb

10 minute read

November 14, 2007 | New York Law Journal

C. Raymond Radigan, of counsel to Ruskin Moscou Faltischek, and Adam J. Gottlieb, a senior associate with the firm, write that a recent decision issued by Surrogate James D. Pagones of Dutchess County demonstrates the effective use of Article 13 of the Surrogate Court Procedure Act in bringing about the completion of an estate matter at minimal expense and procedure.

By C. Raymond Radigan and Adam J. Gottlieb

9 minute read

January 19, 2006 | New York Law Journal

C. Raymond Radigan, of counsel to Ruskin Moscou Faltischek, and Frank J. Gobes, a senior associate at the firm, review recent legislation which allows health care decisions, including the decision to withhold or withdraw life-sustaining treatment, to be made on behalf of developmentally disabled persons by their guardians.

By C. Raymond Radigan and Frank J. Gobes

12 minute read