C Raymond Radigan

July 09, 2012 | New York Law Journal

In their Trusts and Estates Law column, C. Raymond Radigan, a former Surrogate of Nassau County and of counsel to Ruskin Moscou Faltischek, and Jennifer F. Hillman, an attorney at the firm, write that there is a central tension in the law of trusts between the rights of the deceased settlor and the rights of living beneficiaries.

By C. Raymond Radigan and Jennifer F. Hillman

10 minute read

March 12, 2012 | New York Law Journal

In their Trusts and Estates Law column, C. Raymond Radigan and Peter K. Kelly of Ruskin Moscou Faltischek write that an objection to probate on the grounds of duress has been entangled with that of undue influence, but they are really separate concepts, supported by separate forms of evidence, and brought about by totally different forms of persuasion. A 2011 decision has provided a service to all in unraveling the historical blur in the distinction between undue influence and duress.

By C. Raymond Radigan and Peter K. Kelly

9 minute read

November 15, 2011 | New York Law Journal

In their Trusts and Estates Law column, C. Raymond Radigan, a former Surrogate of Nassau County and of counsel to Ruskin Moscou Faltischek, and Jennifer F. Hillman, an attorney at the firm, write that there is a debate waging in the legal community concerning whether the "no further inquiry" rule should be supplanted by a best interest standard.

By C. Raymond Radigan and Jennifer F. Hillman

11 minute read

October 18, 2012 | New York Law Journal

C. Raymond Radigan, the former Surrogate of Nassau County and of counsel to Ruskin Moscou Faltischek, writes that a recent decision of the Appellate Division, Second Department, once again raises the issue concerning the extent of a surrogate's subject matter jurisdiction provided either under the Constitution or statute.

By C. Raymond Radigan

10 minute read

July 09, 2013 | New York Law Journal

In their Trusts and Estates Law column, Ruskin Moscou Faltischek's C. Raymond Radigan and Jennifer F. Hillman write that the past 50 years have seen rapid changes in finance including enormous rises in stock markets, increased inflation and bouts of extreme volatility. These changes and an increased understanding necessitated a change in the standard governing a trustee's investments.

By C. Raymond Radigan and Jennifer F. Hillman

14 minute read

September 05, 2007 | New York Law Journal

C. Raymond Radigan, of counsel to Ruskin Moscou Faltischek, and Adam J. Gottlieb, a senior associate with the firm, write that traditionally, asset protection trusts are used to benefit the grantor's family, rather than the grantor himself or herself. However, when an individual wishes to retain some interest in the trust, it is known as a self-settled asset protection trust, and the protection of the transferred assets is less certain.

By C. Raymond Radigan and Adam J. Gottlieb

8 minute read

March 14, 2011 | New York Law Journal

In their Trusts and Estates Law column, Ruskin Moscou Faltischek's C. Raymond Radigan and Jennifer F. Hillman write that although the Surrogate's Court Procedure Act seeks to statutorily define the jurisdiction of the Surrogate's Court, in practice, the actual extension of the court's jurisdiction may be much more fact-specific.

By C. Raymond Radigan and Jennifer F. Hillman

10 minute read

March 31, 2005 | Law.com

C. Raymond Radigan, former surrogate of Nassau County and of counsel to Ruskin Moscou Faltischek, dedicates his column to his long time mentor, the late former Surrogate John D. Bennett, who passed away on Feb. 1, 2005, at the age of 93.

By C. Raymond Radigan

9 minute read

January 05, 2009 | New York Law Journal

By C. Raymond Radigan and Peter K. Kelly

8 minute read

September 09, 2010 | New York Law Journal

In his Trusts and Estates Law column, C. Raymond Radigan, a former Surrogate of Nassau County and of counsel to Ruskin Moscou Faltischek, writes that since the Court of Appeals recently found that the statutorily enumerated discovery that may be permissible without triggering an in terrorem clause is not exclusive, the question is to what extent additional discovery may be limited by a testator?

By C. Raymond Radigan

13 minute read