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C Raymond Radigan

C Raymond Radigan

March 08, 2019 | New York Law Journal

Anatomy of a Probate Contest, Part 1: Planning to Avoid a Contest

In 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 Age

In 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 Statute

Trusts 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 Suitable

In 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 Code

Trusts 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 Action

Settling 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 Revisited

Trusts 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 Tool

In 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

September 09, 2016 | New York Law Journal

Unclaimed Bodies: Change in Public Health Law

In his Trusts and Estates Law column, C. Raymond Radigan examines a new law which ends the longstanding practice whereby unclaimed bodies were sent to medical and mortuary schools as cadavers. This law reinforces a decedent's family's common law right of sepulcher, the "absolute right to immediate possession of a decedent's body for preservation and burial."

By C. Raymond Radigan

12 minute read