Raymond Radigan

July 21, 2008 | New York Law Journal

C. Raymond Radigan, a former surrogate of Nassau County and of counsel to Ruskin Moscou Faltischek, and Raymond C. Radigan, senior vice president at the U.S. Trust Bank of America, Private Wealth Management, write that concentrated holdings within a trust portfolio poses an inordinate amount of risk that a trustee cannot take lightly. Thankfully, a trustee has several alternatives to consider, but, once chosen, the trustee should document the reasons why a particular strategy is being used and this decision should be reviewed on a regular basis.

By C. Raymond Radigan and Raymond C. Radigan

17 minute read

January 28, 2008 | New York Law Journal

C. Raymond Radigan, a former surrogate of Nassau County and of counsel to Ruskin Moscou Faltischek, and Adam J. Gottlieb, of counsel to the firm, write that in 1961 the voters approved a new state Constitution, which specifically provided that that the Surrogate Court would have jurisdiction over all questions arising in connection with the affairs of a decedent, guardianship of property of minors and some additional jurisdiction that the Legislature sought to delegate to the Surrogate's Court.

By C. Raymond Radigan and Adam J. Gottlieb

13 minute read

September 29, 2005 | New York Law Journal

C. Raymond Radigan, of counsel to Ruskin Moscou Faltischek, and Frank J. Gobes, a senior associate at the firm, suggest several simple common sense methods a will draftsperson should use to avoid contests over questions of testamentary capacity, including seeking the evidence of medical experts before the signing, communicating directly with the testator, and keeping handwritten drafts.

By C. Raymond Radigan and Frank J. Gobes

14 minute read

January 10, 2011 | New York Law Journal

In their Trusts and Estates Law column, C. Raymond Radigan and Peter K. Kelly, of counsel to Ruskin Moscou Faltischek, write that the Court of Appeals specifically overruled a 1971 precedent last year, holding that trial courts have discretion to allocate responsibility for the payment of a fiduciary's attorney's fees.

By C. Raymond Radigan and Peter K. Kelly

8 minute read

July 29, 2005 | New York Law Journal

C. Raymond Radigan, a former surrogate of Nassau County and of counsel to Ruskin Moscou Faltischek, and Frank J. Gobes, a senior associate at the firm, write that practitioners must be aware that some contested probate matters cannot be avoided by the estate planner/will draftsperson. Sufficient animosity grips some families over a period of years (sometimes decades or even generations) that there is simply no way to avoid a contest.

By C. Raymond Radigan and Frank J. Gobes

11 minute read

September 26, 2006 | New York Law Journal

C. Raymond Radigan, a former surrogate of Nassau County and of counsel to Ruskin Moscou Faltischek, writes that until recently there was no direct and concise law as to who had the authority to make arrangements for burial or other means of disposing of decedent's remains. It was generally accepted, that if there was a dispute, the surviving spouse would be given the priority in making the decisions regarding burial. Otherwise, it would be the children.

By C. Raymond Radigan

10 minute read

September 14, 2009 | New York Law Journal

C. Raymond Radigan and Peter K. Kelly, of counsel to Ruskin Moscou Faltischek, write that because many states adopted some form of the ABA's Model Rules decades ago, a significant body of case law exists outside the State of New York concerning violations of the prohibition of Rule 1.8(c) that a lawyer shall not draft an instrument giving a substantial gift to the lawyer or a person related to the lawyer unless the client is a relative. While harsh penalties have only been imposed where multiple violations occur or other disciplinary misconduct is present, one court considered requiring the attorney to disclaim the testamentary gift as a condition of reinstatement to the bar.

By C. Raymond Radigan and Peter K. Kelly

10 minute read

May 13, 2010 | New York Law Journal

In 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

July 11, 2011 | New York Law Journal

In their Trusts and Estates Law feature, C. Raymond Radigan and Peter K. Kelly of Ruskin Moscou Faltischek discuss how a testator must be of a sound mind in her understanding of the nature, extent and condition of her property, and how establishing that clarity has become much easier under current case law.

By C. Raymond Radigan and Peter K. Kelly

12 minute read

May 09, 2011 | New York Law Journal

In their Trusts and Estates Law column, C. Raymond Radigan and David R. Schoenhaar of Ruskin Moscou Faltischek write that the fallout from the 2009 revisions to the statutory power of attorney created such confusion and criticism in the legal community that amendments were quickly implemented. However, there still remain significant problems that necessitate further corrections or guidance in the near future.

By C. Raymond Radigan and David R. Schoenhaar

14 minute read