September 06, 2019 | New York Law Journal
Anatomy of a Probate Contest, Part 4: Objections to Probate and Discovery in a Probate ProceedingTrusts and Estates Law columnists C. Raymond Radigan and Lois Bladykas discuss the filing of objections to probate, and explores discovery issues that may arise during a contested probate proceeding.
By C. Raymond Radigan and Lois Bladykas
6 minute read
July 26, 2019 | New York Law Journal
Freedom or Life: Does a Living Will Truly Serve Its Creator?Considering that living wills are acknowledged in every jurisdiction in the United States and that medical care providers are generally held to a strict duty to comply with their provisions, it seems contradictory that one's stated wishes may not always be followed. This article will provide an overview of the situations where one's living will may not serve its maker, while analyzing various relevant state laws.
By Raymond Radigan and Jacob Gassner
9 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
May 03, 2019 | New York Law Journal
Anatomy of a Probate Contest, Part 2: The Probate Petition and JurisdictionIn this Trusts and Estates Law column, C. Raymond Radigan and Lisa Fenech present the second article in a series of articles concerning contested probate proceedings in Surrogate's Court.
By Raymond Radigan and Lisa Fenech
6 minute read
March 08, 2019 | New York Law Journal
Anatomy of a Probate Contest, Part 1: Planning to Avoid a ContestIn this Trusts and Estates Law column, C. Raymond Radigan and Lois Bladykas present the first in a series of articles concerning contested probate proceedings in Surrogate's Court.
By C. Raymond Radigan and Lois Bladykas
5 minute read
January 04, 2019 | New York Law Journal
Mediation as an Alternative to Estate LitigationTrusts and Estates Law columnists Raymond Radigan and Moira A. Jabir write: Litigation of Surrogate Court matters can be personal. Often, the resentment and indignation of the allegations exchanged is only outdone by the vitriolic counter allegations. The result can be protracted series of contested and expensive proceedings that feed the disillusionment of lawyers and the judicial system. If instead, sometimes mediation was utilized in this arena, one may reduce the court workload while providing voices to the parties' positions without jeopardizing settlement positions.
By Raymond Radigan and Moira A. Jabir
7 minute read
November 02, 2018 | New York Law Journal
Partial Probate in New YorkIn this Trusts & Estates column, Raymond Radigan and Kristofer J. Kasnicki discuss some of the cases where partial probate has been allowed in New York where there was invalidation due to improper execution and undue influence/fraud, and explore different scenarios where partial probate may be permissible when there is invalidation due to a lack of testamentary capacity.
By Raymond Radigan and Kristofer J. Kasnicki
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
May 04, 2018 | New York Law Journal
Protecting Digital Assets in a Digital AgeIn this Trusts and Estates Law column, C. Raymond Radigan and Lois Bladykas address the question: How do we protect our digital assets now, yet ensure access later by our trusted family member or fiduciary so that they can be marshaled and protected as part of our estate?
By C. Raymond Radigan and Lois Bladykas
6 minute read
March 09, 2018 | New York Law Journal
Nominating a Guardian Ad Litem Pursuant to SCPA Article 4In this Trusts and Estates Law column, Raymond Radigan and David R. Schoenhaar focus on the nomination process of a guardian ad litem in the Surrogate's Court.
By Raymond Radigan and David R. Schoenhaar
7 minute read
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