Law Offices of Gary Martin Hays & Associates
P.C.
75 Ponce De Leon Ave NE Ste 101
Atlanta,
GA 30308(470) 294-1674
www.garymartinhays.com
By Jeffrey B. Steiner and Scott A. Weinberg | January 14, 2025
Since guaranties are important parts of most transactions, careful attention should be paid to selecting your guarantor, drafting the applicable loan document provisions and monitoring the status of your guarantor so that timely action can be taken if needed to make a claim against an estate.
By Patricia J. Shevy | January 13, 2025
The author writes "Electronic Wills are coming to New York. An electronic Will (an e-Will) is a Will that is created entirely online from start to finish. The e-Will uses electronic signatures instead of 'wet' signatures; and is stored online."
By Alan Feigenbaum | January 10, 2025
“Unilaterally withdrawing funds from 529 accounts to pay for non-education related expenses while a divorce action is pending is a risk not worth taking.”
By Shveta Kakar | January 8, 2025
Fox Rothschild partner Shveta Kakar discusses New York State Second Circuit Court of Appeals reaffirming New York's "special interest beneficiary standing rule," which limits the ability to challenge actions of charitable corporations to the State Attorney General.
By Scott Mollen | January 7, 2025
Scott Mollen discusses “Versace v. Robinson, “957 Park Avenue LLC v. Ordonez,” and “Zara Realty Holding Corp. v. People.”
By Ilene Sherwyn Cooper | January 3, 2025
The author writes "As the year 2024 came to a close, and we entered a new year, the Surrogate’s Court offered opinions addressed to a multitude of issues affecting trusts and estates."
By Gregory R. Bruno and Alfred W. J. Marks and Emma K. Pletenycky | December 13, 2024
Should the fiduciary permit those individuals to share in the class gift? Missteps in this decision can, and often do, lead to the assertion of claims against the fiduciary followed by costly, protracted litigation. This article aims to assist fiduciaries of New York trusts and estates in navigating this dilemma while minimizing the risk of litigation.
By ALM Staff | December 10, 2024
This ruling was selected and summarized by the New York Law Journal's decision editors.
By Ilene Sherwyn Cooper | November 27, 2024
The author writes "As the year 2024 comes to an end, we consider Surrogate’s Court opinions from the final quarter. Addressed to such issues as in terrorem clauses, and breach of fiduciary duty, the closing days of 2024 brought multiple decisions of interest."
New York Law Journal | Analysis
By Hon. C. Raymond Radigan (ret.), Tara E. Mahon, Esq., and Larry S. Wolfson | November 3, 2024
"In New York, although a practitioner might expect the Surrogate's Courts to act uniformly as part of the New York State Unified Court System, Surrogate's Courts in various counties may operate differently when assessing petitions. One example is with respect to restrictions placed on letters of administration. While under-restricting letters of administration may result in inadequate safeguards on the interests of non-consenting distributees, over-restricting letters could result in (i) a hindrance of a fiduciary's powers statutorily granted under EPTL §11–1.1, (ii) an unnecessary burden on the court's limited resources caused by additional applications to remove the restrictions, (iii) delayed administration of estates, and (iv) conflicts with the legislative intent as expressed in the Bennett commission."
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