January 27, 2023 | New York Law Journal
Can You? Should You? When Your Trusts and Estates Client Crosses New York State LinesWhatever particular situation a practitioner may be faced with, it is important to recognize that the nuances of cross-jurisdictional issues require additional due diligence in order to protect your client and yourself.
By Jill Choate Beier and Jennifer F. Hillman
8 minute read
January 28, 2022 | New York Law Journal
SSHHH! Should Trustees Speak Up About Quiet Trusts?New York trusts and estates practitioners will undoubtedly encounter a Quiet Trust at some point, either because a client would like to create one, or needs guidance as a beneficiary or trustee of one, and they must understand the challenges posed by Quiet Trusts in New York.
By Jennifer F. Hillman and Joseph La Ferlita
8 minute read
April 30, 2021 | New York Law Journal
Now, More Than Ever, New York Needs a Directed Trust StatuteWhile the creation of trusts may have significant tax savings, many clients remain concerned about giving up control to one trustee. Directed trusts have become increasingly popular with clients for precisely this reason. In this edition of their Trusts and Estates Law column, C. Raymond Radigan and Jennifer F. Hillman discuss this type of trust and analyze the current state of the law in New York pertaining to it.
By C. Raymond Radigan and Jennifer F. Hillman
8 minute read
February 28, 2020 | New York Law Journal
Implications of DNA Registries for Trust and Estate PractitionersChances are that you or a family member has undergone a genetic data analysis through one of the many DNA analysis services out there. The results can be interesting and informative, but there are some far-reaching implications. In their Trusts and Estates Law column, C. Raymond Radigan and Jennifer F. Hillman discuss issues that trust and estate attorneys may encounter in their practices relating to these implications.
By Raymond Radigan and Jennifer F. Hillman
6 minute read
July 03, 2019 | New York Law Journal
Anatomy of a Probate Contest, Part 3: SCPA 1404 ExaminationsIn their Trusts and Estates Law column, C. Raymond Radigan and Jennifer F. Hillman provide some practical insights into the SCPA 1404 process and procedure.
By C. Raymond Radigan and Jennifer F. Hillman
8 minute read
September 06, 2018 | New York Law Journal
Presumption of Death: What Happens When an Individual Vanishes From Society?Recently, there has been new attention placed on the decades old disappearance of Kathleen Durst who disappeared in 1982. At the time of her disappearance,…
By C. Raymond Radigan and Jennifer F. Hillman
7 minute read
September 11, 2017 | New York Law Journal
Considerations When the Proposed Article 17-A Guardian May Not Be SuitableIn their Trusts and Estate Law column, C Raymond Radigan and Jennifer Tillman discuss the situation when the proposed guardian of an alleged incapacitated person may not be suitable or appropriate to act as guardian, and they examine practical ways to tailor the guardianship to best protect the AIP.
By C. Raymond Radigan and Jennifer F. Hillman
15 minute read
May 05, 2017 | New York Law Journal
Practical Concerns When Settling a Wrongful Death ActionSettling wrongful death actions involves a specific procedure between the trial court and the Surrogate's Court which must be complied with. This article seeks to provide practical advice concerning the potentially tricky process.
By C. Raymond Radigan and Jennifer F. Hillman
10 minute read
January 06, 2017 | New York Law Journal
Fiduciaries and Settlements: SCPA 2102 Is an Important, Under-Utilized ToolIn their Trusts and Estates Law column, C. Raymond Radigan and Jennifer F. Hillman discuss SCPA 2102(4), which can be effectively used to compel the payment of a claim or a legacy and then (later) compel compliance with a settlement agreement—a tactic which was recently shown in 'Estate of Petschek', a case out of New York County Surrogate's Court.
By C. Raymond Radigan and Jennifer F. Hillman
11 minute read
July 11, 2016 | New York Law Journal
Mortmain Statutes and Testamentary Gifts to CharitiesC. 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
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