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
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
July 09, 2012 | New York Law Journal
The Evolution of Trust Reformation and Modification Under New York LawIn 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
November 15, 2011 | New York Law Journal
Self-Dealing Fiduciaries: What Is the Appropriate Standard?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
July 09, 2013 | New York Law Journal
The Evolution of Prudence in Trustee InvestingIn 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
March 14, 2011 | New York Law Journal
Subject Matter Jurisdiction in the Surrogate's CourtIn 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
January 31, 2011 | New York Law Journal
Does New York Need a Trust Code?C. Raymond Radigan, Jennifer F. Hillman and Peter K. Kelly of Ruskin Moscou Faltischek write: For several years, various organizations at the request of the New York State Legislative Advisory Committee have been considering whether to recommend the adoption of a uniform trust code for New York. A good start for any discussion is the Uniform Trust Code, a national codification of the law of trusts, but we believe New York should consider a more tailored code based upon the current New York common law.
By C. Raymond Radigan, Jennifer F. Hillman and Peter K. Kelly
12 minute read
January 06, 2010 | New York Law Journal
Trusts and Estates LawC. Raymond Radigan, a former Surrogate of Nassau County and of counsel to Ruskin Moscou Faltischek, and Jennifer F. Hillman, an associate at the firm, analyze a recent decision which highlights the distinction in guardianship proceedings between persons with permanent learning disabilities and those with serious and prolonged mental illnesses.
By C. Raymond Radigan and Jennifer F. Hillman
9 minute read
November 22, 2010 | New York Law Journal
Privity and the Role of Limited Letters in Legal Malpractice ActionsIn this weeks' Trusts & Estates Law column, C. Raymond Radigan and Jennifer F. Hillman of Ruskin Moscou Faltischek write that for the first time the Court of Appeals recently held that a personal representative has the same ability to sue an attorney who performed estate planning services as the decedent.
By C. Raymond Radigan and Jennifer F. Hillman
8 minute read
May 13, 2010 | New York Law Journal
Applying Equitable Estoppel To Deathbed MarriagesIn their Trusts and Estates Law column, C. Raymond Radigan, of counsel to Ruskin Moscou Faltischek and Jennifer F. Hillman, an associate at the firm, review recent decisions that highlight a specific type of elder abuse where a person takes unfair advantage of an individual who lacks the capacity to enter into a marriage or otherwise utilizes fraud and undue influence to secretly marry the individual for the purpose of obtaining a portion of his or her estate at the expense of the intended heirs.
By C. Raymond Radigan and Jennifer F. Hillman
13 minute read