Kylie Marshall

September 11, 2023 | New York Law Journal

In this article, Robert Appleton discusses the global rise of cryptocurrency fraud and highlights some promising developments for how to prevent or counteract it.

By Robert Appleton

7 minute read

September 11, 2023 | New York Law Journal

Must an objection be raised during trial if it had been previously raised during the litigation? Although the Court of Appeals has held that one pretrial objection preserves the issue, this issue has recurred—but rulings have not always been consistent.

By Elliott Scheinberg

11 minute read

September 10, 2023 | New York Law Journal

There has been an inflection point in the economy as a result of work life returning to a new post-pandemic normal. These changes are, in turn, impacting employees' choice of domicile for trust and estate planning purposes, among other things. In this article, Juliya L. Ismailov explores the far-flung tax consequences of post-pandemic recovery.

By Juliya L. Ismailov

7 minute read

September 10, 2023 | New York Law Journal

New York's decanting statute is a tool frequently used by practitioners. In this article, Joseph T. La Ferlita and Nicholas G. Moneta suggest that a targeted technical amendment to EPTL 10-6.6 should be considered to address the potential issues the decanting statute presents.

By Joseph T. La Ferlita and Nicholas G. Moneta

7 minute read

September 10, 2023 | New York Law Journal

Since New York case law generally holds that a trustee is the proper party to a suit in conflict situations, the aggrieved trust beneficiary is seemingly without options. Practitioners, however, should be familiar with two exceptions to the general rule in this context—the so-called "double-derivative" standing of a trust beneficiary and "equitable owner" approach to standing. This piece sets forth a brief basis for each theory and strategic considerations when bringing these types of matters.

By Michael Calcagni and Michael J. Borger

8 minute read

September 10, 2023 | New York Law Journal

The new wave of elder law litigation begs the question: Are we witnessing the unofficial beginning of ante-mortem will contest in New York? In this article, Laura M. Brancato highlights how post-mortem probate can expose the vulnerability of an estate's resources and discusses whether ante-mortem probate could act as a viable alternative.

By Laura M. Brancato

8 minute read

September 10, 2023 | New York Law Journal

Sadly, over the years, there have been many developments that have adversely impacted upon the ability to achieve speedy probate. All courts have experienced a significant decline in court personnel. The pandemic contributed to even greater court delays, write contributors C. Raymond Radigan and David N. Milner.

By C. Raymond Radigan and David N. Milner

8 minute read

September 10, 2023 | New York Law Journal

In this article, Susan Rothwell and Michael C. Levy discuss some of the issues and trends that are driving practitioners to recommend revocable trusts more often and to a wider variety of clients.

By Susan Rothwell and Michael C. Levy

9 minute read

September 10, 2023 | New York Law Journal

The first year of the 2023-2024 legislative session began Jan. 4, 2023 and ended June 8, 2023. In this article, Sharon L. Klein highlights some of the most significant developments.

By Sharon L. Klein

15 minute read

September 10, 2023 | New York Law Journal

In this article, Edward K. Lenci highlights the McCarran-Ferguson Act and how federal circuit courts are presently split about whether it reverse-preempts the New York Convention.

By Edward K. Lenci

8 minute read