February 26, 2021 | New York Law Journal
New York's New Statutory Power of Attorney: What Goes Around Comes Around, or Does It?In December, Gov. Andrew Cuomo signed a series of amendments that made significant changes to the requirements for statutory powers of attorney in the state of New York. The changes, as discussed by C. Raymond Radigan and David Milner in this edition of their Trusts and Estates Law column, are an effort on the part of the New York Legislature to address issues that had become problematic with the use of the existing statutory power of attorney.
By Raymond Radigan and David Milner
8 minute read
December 30, 2020 | New York Law Journal
Wrongful Death Compromises: A ProposalIn this Trusts and Estates Law column, C. Raymond Radigan and Lisa Fenech write: The systems by which wrongful death actions are commenced, and settled, are integral to the proper reimbursement to families for their loss. As a statutory mechanism for recovery, the procedures followed must be uniform to enable consistent recovery and allocation of funds. The incorporation of SCPA §702(1) restrictions on all Letters would ensure reliability for decedent's families and the courts in these matters.
By C. Raymond Radigan and Lisa Fenech
7 minute read
October 30, 2020 | New York Law Journal
Joint Bank Accounts: Friend or Foe?In their Trusts & Estates Law column, Raymond Radigan and Lois Bladykas address an important question for account owners and their estate planning attorneys: Is the account in question truly a joint account, or is it merely a convenience account? While this may appear to be a simple question, this issue is ripe for litigation and frequently plays out in the courts after one of the account owners passes away.
By Raymond Radigan and Lois Bladykas
7 minute read
September 11, 2020 | New York Law Journal
My Kidney to Yours: The Organ Shortage CrisisIn this Trusts and Estates law column, C. Raymond Radigan and Lisa Fenech discuss the steady demand for donated organs and the declining supply.
By C. Raymond Radigan and Lisa Fenech
6 minute read
July 03, 2020 | New York Law Journal
Estate Pitfalls in Divorce and Separation AgreementsIn their Trusts and Estates column, Raymond Radigan and John G. Farinacci write: The interest in settling inheritance issues becomes particularly important to couples where there are children of the marriage and couples are confronted with the possibility that a subsequent remarriage will jeopardize the children's or their own inheritance rights.
By Raymond Radigan and John G. Farinacci
12 minute read
May 01, 2020 | New York Law Journal
Consider the Potential Benefits of Mediation or the Appointment of a Referee During the COVID-19 PandemicIn their Trusts and Estates column, Raymond Radigan and Lois Bladykas write: The use of a mediator during this time of "social distancing" is possible through video and other electronic means, and if matters are resolved, the burden on the court system will be reduced.
By Raymond Radigan and Lois Bladykas
4 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
January 03, 2020 | New York Law Journal
The Future of Mediation in Trusts and EstatesIn this Trusts and Estates law column, C. Raymond Radigan and Lisa Fenech discuss a new mediation initiative that is helping to resolve the logjam within the courts. Practitioners should be aware of this plan, and the ways it may help their clients resolve family disputes in a more efficient manner.
By C. Raymond Radigan and Lisa Fenech
6 minute read
November 21, 2019 | New York Law Journal
Thoughts on Court Consolidation: The Surrogate's CourtToday, the Surrogate's Court is a Constitutional Court and is not a creature of the legislature. It was created by the people and, therefore, it would require a constitutional amendment to change that court.
By C. Raymond Radigan
10 minute read
November 01, 2019 | New York Law Journal
Anatomy of a Probate Contest, Part 5: The TrialIn their Trusts and Estate Law column, C. Raymond Radigan and John G. Farinacci conclude a series of articles about contested probate proceedings in the Surrogate's Court by focusing on the trial and pre-trial considerations.
By Raymond Radigan and John G. Farinacci
9 minute read
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