Trusts and Estates

  • New York Law Journal | Analysis

    Accessing Safe Deposit Boxes Owned by Allegedly Incapacitated Persons

    By Raymond Radigan and Lois Bladykas | July 2, 2021

    The Surrogate's Court Procedure Act provides a streamlined procedure for a nominated executor, distributee or otherwise interested person to obtain an order to open a safe deposit box to search for a will, insurance policy, or cemetery deed. In their Trusts and Estates Law column, Raymond Radigan and Lois Bladykas discuss the issues involved in accessing a safe deposit box when the owner of the box is still alive, but suffers from alleged incapacity.

  • New York Law Journal | Analysis

    Their Marriage Is Splitsville

    By Conrad Teitell | June 25, 2021

    Upon divorcing, philanthropists say they'll both continue to decide together when making a Grant. However, if the divorced couple's philanthropic interests diverge, there's another path: Split their foundation into two separate foundations—one for each of them.

  • The American Lawyer | Analysis

    Big Law Practices Catering To Ultra-Wealthy Enter the Spotlight

    By Dan Packel | May 6, 2021

    T&E practices have fallen out of favor in recent years, but the entrance of Paul Weiss and Munger Tolles in the Gates divorce case reveals the practice's business opportunities.

  • New York Law Journal | Analysis

    Now, More Than Ever, New York Needs a Directed Trust Statute

    By C. Raymond Radigan and Jennifer F. Hillman | April 30, 2021

    While the creation of trusts may have significant tax savings, many clients remain concerned about giving up control to one trustee. Directed trusts have become increasingly popular with clients for precisely this reason. In this edition of their Trusts and Estates Law column, C. Raymond Radigan and Jennifer F. Hillman discuss this type of trust and analyze the current state of the law in New York pertaining to it.

  • New York Law Journal | Analysis

    Appellate Review in the First Quarter

    By Ilene Sherwyn Cooper | April 2, 2021

    As 2020 concluded and 2021 began, the Appellate Division was hard at work rendering decisions addressed to issues affecting trusts and estates practice. In this edition of her Trusts and Estates Update, Ilene Sherwyn Cooper examines some of the more notable opinions.

  • New York Law Journal | Expert Opinion

    The Evolving Landscape of No-Contest Clauses in Trust Instruments

    By Ross Katz and Sanford J. Schlesinger | March 19, 2021

    The authors discuss their opinion that with the ever-increasing use of inter vivos trusts, the time has come for EPTL 3-3.5 to be amended to include safe harbor provisions that apply to both wills and trusts.

  • New York Law Journal | Analysis

    Lifetime 'QTIPable' Trusts for Gift, Estate Tax Exemption Planning

    By Hollis F. Russell, Gail W. Marcus, Barbara A. Sloan and T. Randolph Harris | March 17, 2021

    With the change in political control in Washington, what changes are on the horizon and what estate tax planning should be done early in 2021 for those high net worth individuals who have not used all of their available exemption?

  • New York Law Journal | News

    Mary Trump Discovered Fraud When Times Probe of Family Finances Surfaced, Kaplan Argues

    By Jane Wester | February 26, 2021

    Roberta Kaplan of Kaplan Hecker & Fink responded to motions to dismiss filed by attorneys representing her client's aunt, former Judge Maryanne Trump Barry of the U.S. Court of Appeals for the Third Circuit, the former president and the estate of his brother Robert Trump.

  • New York Law Journal | Analysis

    New York's New Statutory Power of Attorney: What Goes Around Comes Around, or Does It?

    By Raymond Radigan and David Milner | February 26, 2021

    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.

  • New York Law Journal | Analysis

    The Right Formula: Gifts of Difficult-to-Value Assets

    By Alison Powers Herman and Karen Schiele | February 19, 2021

    While it remains challenging to predict the timing and magnitude of changes to the federal lifetime exemption amount, effective estate planning strategies, including lifetime gifts, can provide substantial tax benefits whether exemptions decrease in the near future or not.

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