David I Faust

David I Faust

August 27, 2024 | New York Law Journal

From Beyond the Grave: Which Trust To Trust?

Complex estates—whether they're complicated because of assets or family situation—take special handling, and the estate holder may want to control who gets what and how—even after they're gone. Two types of trusts can help achieve this goal, but which should they choose, and why? Trusts & estates and tax law attorney David I. Faust, partner at Gallet Dreyer & Berkey, explains.

By David I. Faust

7 minute read

April 30, 2024 | New York Law Journal

Reconsidering the Pre-Nup

Wedding season is just around the corner, which is a good time to reconsider pre-nups. What are the origins of these agreements and why can they be so tricky for attorneys to negotiate? David I. Faust, partner at Gallet Dreyer & Berkey, explores the legal basis for pre-nups and cohabitation agreements and that, far from being cynical, they're a healthy way to build a solid foundation for a successful relationship.

By David I. Faust

9 minute read

January 26, 2024 | New York Law Journal

Trust(s) in Marriage and Divorce

Marriages may be made in heaven but, in the courts of the state of New York, marriages are treated as economic partnerships. There are three economic aspects to this partnership: equitable distribution, maintenance and child support. Trust law and matrimonial law intersect on all three.

By David I. Faust

8 minute read

November 14, 2023 | New York Law Journal

Globalization and Blurred Borders, Part Two: Taxation

Although international borders are becoming blurred where people, money and commerce move across most of the Western world with ease and dual citizenship is commonplace, there are still at least two areas where the lines on maps remain clear: taxes and succession. The more peoples' personal and business lives become globalized, the more important it is for them to be aware of tax and succession consequences. In Part One of this two-part series, author David Faust discussed succession. This article deals with taxation.

By David I. Faust

8 minute read

November 07, 2023 | New York Law Journal

Globalization and Blurred Borders, Part One: Succession

Although international borders are becoming blurred where people, money and commerce move across the world with ease and dual citizenship is commonplace, there are still at least two areas where the lines on maps remain clear: taxes and succession. The more peoples' personal and business lives become globalized, the more important it is for them to be aware of both tax and succession consequences. This article will deal with succession; a subsequent article will deal with taxes.

By David I. Faust

8 minute read

April 03, 2023 | New York Law Journal

Choices and Challenges in Succession Laws

Being the "family lawyer" can be very rewarding for attorneys. But the complexities inherent in family relationships means that lawyers need to careful consider the effect of the solutions they offer—and the ethical implications of working with clients who may have differing goals. This article discusses how to successfully navigate these issues while avoiding reputational harm.

By David I. Faust

8 minute read

March 08, 2023 | New York Law Journal

Can Decanting Change the Vintage of Irrevocable Trusts?

A discussion of how New York allows the revoking of an irrevocable trust.

By David I. Faust

8 minute read

June 17, 2022 | New York Law Journal

What's Yours Is Yours (or Is It?): The Genesis of Property Rights in Genesis

The tension between an individual's right to own, use, exclude others from use, and dispose of property, and society's ability to limit those rights, is as old as society itself. Its roots are literally biblical.

By David I. Faust

9 minute read