C Raymond Radigan

September 09, 2016 | New York Law Journal

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

July 11, 2016 | New York Law Journal

C. Raymond Radigan and Jennifer F. Hillman examine the historic reasons for mortmain, statutes ostensibly meant to protect testators and their families from overreaching religious or charitable groups, and the reasons why the legal system has embraced free will over regulation.

By C. Raymond Radigan and Jennifer F. Hillman

18 minute read

June 09, 2016 | New York Law Journal

In their Trusts and Estates Law column, C. Raymond Radigan and John G. Farinacci discuss courts' balancing of the wishes of the deceased, the desires of the surviving family, and the need for bodies and organs for transplants, education and research in cases arising under the New York Anatomical Gifts Act or the right of sepulcher.

By C. Raymond Radigan and John G. Farinacci

12 minute read

March 14, 2016 | New York Law Journal

In their Trusts and Estates Law column, C. Raymond Radigan and Peter K. Kelly write that, contrary to a recent holding by Surrogate Margarita Lopez-Torres, Article 17-A is not "a drastic remedy" for persons diagnosed with the statutory conditions, and should not be avoided at all costs. Other cases show the flexibility that Article 17-A courts exercise and that the statute is a good alternative to the more expensive and time-consuming procedures of Article 81.

By C. Raymond Radigan and Peter K. Kelly

9 minute read

January 11, 2016 | New York Law Journal

In their Trusts and Estates column, C. Raymond Radigan and Jennifer F. Hillman write that despite their relative popularity, Crummey trusts, used to parlay the annual gift tax exclusion into a larger estate planning tool, are sometimes challenged by the IRS. A recent U.S. Tax Court case reviewed the continuing viability of Crummey trusts when the trust contains an arbitration clause and an in terrorem clause.

By C. Raymond Radigan and Jennifer F. Hillman

10 minute read

January 08, 2016 | New York Law Journal

In their Trusts and Estates column, C. Raymond Radigan and Jennifer F. Hillman write that despite their relative popularity, Crummey trusts, used to parlay the annual gift tax exclusion into a larger estate planning tool, are sometimes challenged by the IRS. A recent U.S. Tax Court case reviewed the continuing viability of Crummey trusts when the trust contains an arbitration clause and an in terrorem clause.

By C. Raymond Radigan and Jennifer F. Hillman

10 minute read

November 12, 2015 | New York Law Journal

In their Trusts and Estates Law column, C. Raymond Radigan and John G. Farinacci write: The general rule in New York regarding the payment of estate taxes is that they are equitably apportioned among the recipients of assets included in the taxable estate unless otherwise provided in a will or non-testamentary instrument. But what effect do tax apportionment clauses in a will have when a spouse elects against the will? Does the spouse's election result in a forfeiture in any benefit that a tax apportionment clause might provide to the spouse?

By C. Raymond Radigan and John G. Farinacci

12 minute read

November 10, 2015 | New York Law Journal

In their Trusts and Estates Law column, C. Raymond Radigan and John G. Farinacci write: The general rule in New York regarding the payment of estate taxes is that they are equitably apportioned among the recipients of assets included in the taxable estate unless otherwise provided in a will or non-testamentary instrument. But what effect do tax apportionment clauses in a will have when a spouse elects against the will? Does the spouse's election result in a forfeiture in any benefit that a tax apportionment clause might provide to the spouse?

By C. Raymond Radigan and John G. Farinacci

12 minute read

September 14, 2015 | New York Law Journal

C. Raymond Radigan and Jennifer Hillman discuss some of the practical issues and concerns that may occur in the context of using a power of attorney to conduct litigation strategy, or how to proceed when there is no power of attorney in place.

By C. Raymond Radigan and Jennifer F. Hillman

11 minute read

September 11, 2015 | New York Law Journal

C. Raymond Radigan and Jennifer Hillman discuss some of the practicalissues and concerns that may occur in the context of using a power ofattorney to conduct litigation strategy, or how to proceed when there isno power of attorney in place.

By C. Raymond Radigan and Jennifer F. Hillman

11 minute read