Raymond Radigan

January 05, 2018 | New York Law Journal

Trusts and Estates Law columnist C. Raymond Radigan writes: As other states consider whether to adopt the Uniform Directed Trust Act, it is an opportune time to take a second look at New York's proposed directed trust statute. Fortunately, the New York State Legislature is presently reviewing directed trust legislation.

By C. Raymond Radigan

9 minute read

September 11, 2017 | New York Law Journal

In their Trusts and Estate Law column, C Raymond Radigan and Jennifer Tillman discuss the situation when the proposed guardian of an alleged incapacitated person may not be suitable or appropriate to act as guardian, and they examine practical ways to tailor the guardianship to best protect the AIP.

By C. Raymond Radigan and Jennifer F. Hillman

15 minute read

July 07, 2017 | New York Law Journal

Trusts and Estates Law columnist C. Raymond Radigan updates practitioners on the recommendation that New York adopt its own New York Trust Code, and discusses guardianship of individuals with different disabilities.

By C. Raymond Radigan

13 minute read

May 05, 2017 | New York Law Journal

Settling wrongful death actions involves a specific procedure between the trial court and the Surrogate's Court which must be complied with. This article seeks to provide practical advice concerning the potentially tricky process.

By C. Raymond Radigan and Jennifer F. Hillman

10 minute read

March 16, 2017 | New York Law Journal

Trusts and Estates Law columnists C. Raymond Radigan and John G. Farinacci discuss additional significant court decisions concerning Article 17-A, which is widely criticized as making blanket assumptions concerning the need for guardianship based on a diagnosis rather than the specific functional capabilities and limitations of the person that is the subject of the proceeding.

By C. Raymond Radigan and John G. Farinacci

20 minute read

January 06, 2017 | New York Law Journal

In their Trusts and Estates Law column, C. Raymond Radigan and Jennifer F. Hillman discuss SCPA 2102(4), which can be effectively used to compel the payment of a claim or a legacy and then (later) compel compliance with a settlement agreement—a tactic which was recently shown in 'Estate of Petschek', a case out of New York County Surrogate's Court.

By C. Raymond Radigan and Jennifer F. Hillman

11 minute read

September 09, 2016 | New York Law Journal

In his Trusts and Estates Law column, C. Raymond Radigan examines a new law which ends the longstanding practice whereby unclaimed bodies were sent to medical and mortuary schools as cadavers. This law reinforces a decedent's family's common law right of sepulcher, the "absolute right to immediate possession of a decedent's body for preservation and burial."

By C. Raymond Radigan

12 minute read

July 11, 2016 | New York Law Journal

C. Raymond Radigan and Jennifer F. Hillman examine the historic reasons for mortmain, statutes ostensibly meant to protect testators and their families from overreaching religious or charitable groups, and the reasons why the legal system has embraced free will over regulation.

By C. Raymond Radigan and Jennifer F. Hillman

18 minute read

June 09, 2016 | New York Law Journal

In their Trusts and Estates Law column, C. Raymond Radigan and John G. Farinacci discuss courts' balancing of the wishes of the deceased, the desires of the surviving family, and the need for bodies and organs for transplants, education and research in cases arising under the New York Anatomical Gifts Act or the right of sepulcher.

By C. Raymond Radigan and John G. Farinacci

12 minute read

March 14, 2016 | New York Law Journal

In their Trusts and Estates Law column, C. Raymond Radigan and Peter K. Kelly write that, contrary to a recent holding by Surrogate Margarita Lopez-Torres, Article 17-A is not "a drastic remedy" for persons diagnosed with the statutory conditions, and should not be avoided at all costs. Other cases show the flexibility that Article 17-A courts exercise and that the statute is a good alternative to the more expensive and time-consuming procedures of Article 81.

By C. Raymond Radigan and Peter K. Kelly

9 minute read