New York Law Journal | Analysis
By Sharon L. Klein | September 9, 2024
The second year of the 2023-2024 legislative session began on Jan. 3, 2024, and ended on June 6, 2024. Here are some of the most significant developments of the 2023-2024 session.
New York Law Journal | Analysis
By Carol A. Crossett | September 9, 2024
No-contest clauses can be beneficial, but also albatrosses. The existence of a clause itself cannot prevent all challenges or always result in forfeiture when a challenge is asserted.
New York Law Journal | Analysis
By Juliya Ismailov | September 9, 2024
Though none of us is guaranteed tomorrow, the estate planning attorney can offer comfort to such Israeli-American families by explaining the options to name guardians and leave assets in trust for the care of minor children.
By Stephen Ferszt | August 20, 2024
Failing to update beneficiary and estate tax forms can lead to legal battles. Adhering to the procedures set forth for designating or changing beneficiaries is not just a formality, but an essential step in ensuring that your assets are distributed according to your wishes. Stephen Ferszt, a partner at Olshan Frome Wolosky discusses the regulatory landscape and provides guidance about planning in light of upcoming tax law changes and legal recourse.
By Gregory R. Bruno and Alfred W.J. Marks | August 14, 2024
The authors discuss the elements and application of the "Dead Man's Statute" and offer practical guidance for practitioners to effectively employ the statute, as well as suggestions for potential applications that might not be directly apparent from the text of the statute but give effect to its underlying purpose.
New York Law Journal | Analysis
By Ilene Sherwyn Cooper | August 2, 2024
"As the summer days pass us by, we examine the decisions of the past several months that impacted the field of trusts and estates," writes Ilene Cooper.
New York Law Journal | Analysis
By Gabrielle C. Lese | July 26, 2024
This article discusses the pitfalls of intestate succession, the effect of divorce on an estate plan under New York law specifically, and the need to address changes in a client's family structure with careful planning customized for the client's specific situation and testamentary intent.
By Brian Lee | July 16, 2024
The association for New York surrogates and OCA have long disagreed about which entity is entitled to appoint chief clerks and, in counties such as Erie County with at least 500,000 population , a deputy chief clerk.
New York Law Journal | Analysis
By Jeffrey A. Galant | July 3, 2024
A noteworthy aspect of such planning, and the focus of this article, is the benefit, if any, of planning in advance for the relief from certain federal income tax liabilities potentially available to a married couple who reside together.
New York Law Journal | Analysis
By C. Raymond Radigan and Tara E. Mahon | July 3, 2024
A fiduciary of an estate must carefully balance his or her responsibilities to creditors of the decedent and to beneficiaries of the estate. A fiduciary "must act in good faith in the treatment of both" creditors and beneficiaries.
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