Trusts and Estates

  • New York Law Journal | Analysis

    New Power of Attorney Law: A Compromise

    By Daniel G. Fish | February 17, 2021

    On Dec. 15, 2020, Gov. Andrew Cuomo signed legislation that made significant changes to the statutory short form power of attorney, effective on June 13, 2021. In this edition of his Elder Law column, Daniel G. Fish examines the changes.

  • New York Law Journal | Analysis

    The Closing Days of 2020

    By Ilene Sherwyn Cooper | January 29, 2021

    In this edition of her Trusts and Estates Update, Ilene Sherwyn Cooper reviews some of the more interesting decisions that concluded last year.

  • New York Law Journal | Analysis

    Evidentiary Issues Unique to Trusts and Estates Litigation

    By Julian B. Modesti and Meaghan T. Feenan | January 27, 2021

    A discussion of the most common evidentiary obstacles trusts and estates litigators should be aware of, including: (1) the probate exception to the attorney-client privilege; (2) how to invoke the Three-Two Year Rule; and (3) the Dead Man's statute.

  • New York Law Journal

    Trusts & Estates

    By Angela Turturro | January 25, 2021

    In this Special Report: "Top 10 Developments, Lessons and Reminders of 2020," "So You Have Relocated to Florida and Think You Are No Longer a New York Resident?," "SLATs: The Hot New Estate Planning Technique for 2021," "Cross-Border Philanthropy: Obtaining a U.S. Income Tax Deduction for a Donation to a Canadian Charity" and "Adapting Asset Protection Trusts to Changes in Circumstances."

  • New York Law Journal

    Top 10 Developments, Lessons and Reminders of 2020

    By Sharon L. Klein | January 22, 2021

    Some say 2020 was the year that didn't happen, but this review of the past year shows that much did indeed take place in the trusts and estates realm, from COVID-19-related developments, such as the tolling of statutes of limitations and tax questions stemming from telecommuting, to legislation on adoption records and third-party reproduction.

  • New York Law Journal

    Cross-Border Philanthropy: Obtaining a U.S. Income Tax Deduction for a Donation to a Canadian Charity

    By Catherine B. Eberl and Marla Waiss | January 22, 2021

    This article examines the applicability of the U.S.-Canada Income Tax Treaty, which carves out an exception permitting deductibility if the U.S. individual has Canadian source income, and, it will discuss options for using a U.S. charity for indirect cross-border philanthropy for individuals who do not have Canadian source income.

  • New York Law Journal

    So You Have Relocated to Florida and Think You Are No Longer a New York Resident?

    By John Raymond and Alan Kaufman | January 22, 2021

    As more northeast residents, particularly New Yorkers, decide to leave their current residence and seek a new life in sunny Florida, they need to be acutely cognizant of the gorilla glue approach of the state taxing authorities.

  • New York Law Journal

    Adapting Asset Protection Trusts to Changes in Circumstances

    By Melissa Negrin-Wiener and Marcus O'Toole Gelo | January 22, 2021

    With the escalating costs of long-term care, seniors are increasingly recognizing the importance of protecting their assets. A Trust is a core part of an asset protection plan, but one that requires precision in drafting.

  • New York Law Journal

    SLATs: The Hot New Estate Planning Technique for 2021

    By Alison Arden Besunder | January 22, 2021

    The present global circumstances of economic and political uncertainty, a high federal estate tax exemption, and a low-interest rate environment merit a focused examination of whether a SLAT or another irrevocable trust structure can help clients meet many of their objectives.

  • New York Law Journal | Analysis

    Wrongful Death Compromises: A Proposal

    By C. Raymond Radigan and Lisa Fenech | December 30, 2020

    In this Trusts and Estates Law column, C. Raymond Radigan and Lisa Fenech write: The systems by which wrongful death actions are commenced, and settled, are integral to the proper reimbursement to families for their loss. As a statutory mechanism for recovery, the procedures followed must be uniform to enable consistent recovery and allocation of funds. The incorporation of SCPA §702(1) restrictions on all Letters would ensure reliability for decedent's families and the courts in these matters.

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