March 10, 2014 | New York Law Journal
Disposal of Decedent's Firearms Under Gun Control LawIn their Trusts and Estates Law column, C. Raymond Radigan and Peter K. Kelly of Ruskin Moscou Faltischek writes that the New York SAFE Act has important provisions for regulation of weapons owned by a decedent which must be disposed of by his fiduciary after death and also weapons that are specifically bequeathed under a decedent's will.
By C. Raymond Radigan and Peter K. Kelly
10 minute read
November 19, 2013 | New York Law Journal
Judging Fiduciaries: Prudence, Liability and DamagesIn his Trusts and Estates Law column, C. Raymond Radigan of Ruskin Moscou Faltischek writes that there has been very limited litigation concerning the prudence of investment, liability and damages in recent years, although some practitioners anticipated it as a result of losses sustained in the stock market downturn. Indeed, most cases have not reviewed whether a portfolio is appropriately diversified, but instead have reviewed the issue of concentration under the Prudent Man Rule.
By C. Raymond Radigan
12 minute read
May 14, 2012 | New York Law Journal
Analyzing New York Estate Tax Law as Federal Proposals LoomIn their Trusts and Estates Law column, C. Raymond Radigan, former Surrogate of Nassau County and of counsel to Ruskin Moscou Faltischek, and Raymond C. Radigan, a managing director for the Private Client Reserve of U. S. Bank, write that the New York estate tax laws will continue to be an important factor for New York residents, and it is important for estate planning attorneys in New York to be well versed in these laws and understand the opportunities and the potential pitfalls.
By C. Raymond Radigan and Raymond C. Radigan
10 minute read
May 13, 2013 | New York Law Journal
Annual Exclusion Gifts to MinorsIn their Trusts and Estates Law coulmn, C. Raymond Radigan, of counsel to Ruskin Moscou Faltischek, and David R. Schoenhaar, a senior associate at the firm, write that a 529 plan is less complicated than a trust and may be more practical when the purpose of the donor's gifting strategy is limited to paying for a minor's education expenses.
By C. Raymond Radigan and David R. Schoenhaar
12 minute read
November 20, 2012 | New York Law Journal
New York Needs a Directed Trust StatuteIn their Trusts and Estates Law column, C. Raymond Radigan, of counsel to Ruskin Moscou Faltischek, and Jennifer F. Hillman, an attorney at the firm, write that directed trusts have become increasingly popular with clients because of their flexibility.
By C. Raymond Radigan and Jennifer F. Hillman
8 minute read
January 09, 2012 | New York Law Journal
New Uniform Trust Code to Be Submitted to LegislatureIn his Trusts and Estates Law feature, C. Raymond Radigan, of counsel to Ruskin Moscou Faltischek and chair of the Advisory Committee to the Legislature on EPTL and SCPA, previews the committee's Sixth Report, which will request the enactment of a New York Uniform Trust Code to modernize the law, clarify existing law and provide greater accessibility for out-of-state lawyers, as well as New York practitioners.
By C. Raymond Radigan
10 minute read
January 14, 2013 | New York Law Journal
Need for Slayer Statute to Determine Effect of Homicide on Property RightsIn their Trusts and Estates Law column, C. Raymond Radigan and Peter K. Kelly, of counsel to Ruskin Moscou Faltischek, write that a statute that clarifies the extent of the wrongs giving rise to forfeiture, considers the existing case law and sets forth the legislative judgment in these matters is necessary to avoid inconsistent results.
By C. Raymond Radigan and Peter K. Kelly
13 minute read
September 18, 2012 | New York Law Journal
'Knox,' the Prudent Investor and Fiduciary DutiesIn their Trusts and Estates Law column, C. Raymond Radigan, a former surrogate of Nassau County and of counsel to Ruskin Moscou Faltischek, and John G. Farinacci, a partner with the firm, write that the legal standards articulated in 'Janes' and its progeny should not be so rigidly interpreted without a reasonable application of the law to the facts of any given case as to do so may be a failure to "…avoid reaching determinations that arrive at unreasonable or absurd results."
By C. Raymond Radigan and John G. Farinacci
14 minute read
March 11, 2013 | New York Law Journal
Extending EPTL 3-3.5 Safe Harbor Provisions to Inter Vivos TrustsIn their Trusts and Estates Law column, C. Raymond Radigan, of counsel to Ruskin Moscou Faltischek, and Jennifer F. Hillman, an attorney at the firm, write that because of the increasing use of inter vivos trusts in estate planning, the same policy reasons for the safe harbor provisions in EPTL 3-3.5 for wills should be extended to inter vivos trusts.
By C. Raymond Radigan and Jennifer F. Hillman
10 minute read
September 09, 2013 | New York Law Journal
Modernizing New York's Non-Profit LawIn their Trusts and Estates Law column, C. Raymond Radigan and David R. Schoenhaar of Ruskin Moscou Faltischek review the Nonprofit Revitalization Act of 2013, which seeks to modernize governance, reduce bureaucracy and red tape, and enhance oversight and accountability to prevent fraud and improve the public trust.
By C. Raymond Radigan and David R. Schoenhaar
11 minute read
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