New York Law Journal | Analysis
By Ilene Sherwyn Cooper | December 2, 2022
The Surrogate's and Appellate courts throughout the state weighed in on issues significant to the estate practitioner.
By Emily Cousins | December 1, 2022
"In the present case, no activity or occurrence relevant to the plaintiffs' strict products liability claim against the defendant took place in Connecticut," the opinion said.
New York Law Journal | Analysis
By Andrew Seiken, Wing Wilson and Rafaela Vianna | November 30, 2022
The potential to obtain a full step-up in cost basis for trust assets regardless of which spouse predeceases creates significant opportunity for investors, owners of valuable real estate and those who have simply seen appreciation in marketable securities over time.
New York Law Journal | Analysis
By C. Raymond Radigan and Kera N. Reed | November 4, 2022
This article, the first in a series, discusses settling fiduciary accounts informally rather than the fiduciary being compelled pursuant to SCPA §2205 or through the voluntary judicial settlement process as prescribed in the SCPA §2210.
New York Law Journal | Analysis
By Hollis F. Russell, Gail W. Marcus, Edward Terrell and Jeffrey P. Gorak | October 3, 2022
There is no one-size-fits-all approach in estate planning for retirement accounts in light of SECURE; the appropriate plan for each client must be determined on a case-by-case basis.
New York Law Journal | Analysis
By Ilene Sherwyn Cooper | September 30, 2022
Addressed to such issues as standing, status, and the disqualification of counsel, the Surrogate's Court opinions discussed in this edition of Ilene Cooper's Trusts and Estates Update provide valuable guidance to the estate practitioner.
By Angela Turturro | September 12, 2022
In this Special Report: "New York's Latest Legislative Session: What Passed, What Didn't, What's Next," "Mental Health Directives in Estate Planning Engagements," "Practical Considerations When Attempting To Remove an Ineffective Fiduciary," "Maximizing QSBS Income Tax Savings With Trusts," "Being a New York Income Tax Resident: Did 'Matter of Obus' Change the Game?" and "Late Portability Election: New Relief Available."
By Sharon L. Klein | September 9, 2022
The second year of the 2021-2022 legislative session, which began on Jan. 5, 2022, ended on June 2, 2022. Here are some of the most significant developments.
By Moira S. Laidlaw | September 9, 2022
What if a client has a history of mental illness? Are advance directives sufficient to honor a client's treatment wishes and preferences in that moment? There is a greatly underutilized advance directive for such clients—the psychiatric advance directive (PAD).
By Robert S. Barnett and Gregory L. Matalon | September 9, 2022
The IRS has just changed the timeframe for filing a late portability election for federal estate tax purposes. This is extremely important to those who did not timely file a federal estate tax return (Form 706) when the first spouse died.
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