July 03, 2019 | New York Law Journal
Anatomy of a Probate Contest, Part 3: SCPA 1404 ExaminationsIn their Trusts and Estates Law column, C. Raymond Radigan and Jennifer F. Hillman provide some practical insights into the SCPA 1404 process and procedure.
By C. Raymond Radigan and Jennifer F. Hillman
8 minute read
March 08, 2019 | New York Law Journal
Anatomy of a Probate Contest, Part 1: Planning to Avoid a ContestIn this Trusts and Estates Law column, C. Raymond Radigan and Lois Bladykas present the first in a series of articles concerning contested probate proceedings in Surrogate's Court.
By C. Raymond Radigan and Lois Bladykas
5 minute read
September 06, 2018 | New York Law Journal
Presumption of Death: What Happens When an Individual Vanishes From Society?Recently, there has been new attention placed on the decades old disappearance of Kathleen Durst who disappeared in 1982. At the time of her disappearance,…
By C. Raymond Radigan and Jennifer F. Hillman
7 minute read
May 04, 2018 | New York Law Journal
Protecting Digital Assets in a Digital AgeIn this Trusts and Estates Law column, C. Raymond Radigan and Lois Bladykas address the question: How do we protect our digital assets now, yet ensure access later by our trusted family member or fiduciary so that they can be marshaled and protected as part of our estate?
By C. Raymond Radigan and Lois Bladykas
6 minute read
January 05, 2018 | New York Law Journal
Time for a Second Look: Revisiting New York's Proposed Directed Trust StatuteTrusts and Estates Law columnist C. Raymond Radigan writes: As other states consider whether to adopt the Uniform Directed Trust Act, it is an opportune time to take a second look at New York's proposed directed trust statute. Fortunately, the New York State Legislature is presently reviewing directed trust legislation.
By C. Raymond Radigan
9 minute read
September 11, 2017 | New York Law Journal
Considerations When the Proposed Article 17-A Guardian May Not Be SuitableIn their Trusts and Estate Law column, C Raymond Radigan and Jennifer Tillman discuss the situation when the proposed guardian of an alleged incapacitated person may not be suitable or appropriate to act as guardian, and they examine practical ways to tailor the guardianship to best protect the AIP.
By C. Raymond Radigan and Jennifer F. Hillman
15 minute read
July 07, 2017 | New York Law Journal
Proposed New York Trust CodeTrusts and Estates Law columnist C. Raymond Radigan updates practitioners on the recommendation that New York adopt its own New York Trust Code, and discusses guardianship of individuals with different disabilities.
By C. Raymond Radigan
13 minute read
May 05, 2017 | New York Law Journal
Practical Concerns When Settling a Wrongful Death ActionSettling wrongful death actions involves a specific procedure between the trial court and the Surrogate's Court which must be complied with. This article seeks to provide practical advice concerning the potentially tricky process.
By C. Raymond Radigan and Jennifer F. Hillman
10 minute read
March 16, 2017 | New York Law Journal
SCPA Article 17-A Guardianship Statute RevisitedTrusts and Estates Law columnists C. Raymond Radigan and John G. Farinacci discuss additional significant court decisions concerning Article 17-A, which is widely criticized as making blanket assumptions concerning the need for guardianship based on a diagnosis rather than the specific functional capabilities and limitations of the person that is the subject of the proceeding.
By C. Raymond Radigan and John G. Farinacci
20 minute read
January 06, 2017 | New York Law Journal
Fiduciaries and Settlements: SCPA 2102 Is an Important, Under-Utilized ToolIn their Trusts and Estates Law column, C. Raymond Radigan and Jennifer F. Hillman discuss SCPA 2102(4), which can be effectively used to compel the payment of a claim or a legacy and then (later) compel compliance with a settlement agreement—a tactic which was recently shown in 'Estate of Petschek', a case out of New York County Surrogate's Court.
By C. Raymond Radigan and Jennifer F. Hillman
11 minute read