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C Raymond Radigan

C Raymond Radigan

March 10, 2014 | New York Law Journal

Disposal of Decedent's Firearms Under Gun Control Law

In 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 Damages

In 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 Loom

In 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 Minors

In 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 Statute

In 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 Legislature

In 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 Rights

In 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 Duties

In 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 Trusts

In 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 Law

In 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