By Lisa Rispoli | January 17, 2020
It is in the best interest of trustees to take proactive measures to protect themselves against potential lawsuits and other liabilities. One of the most effective ways of accomplishing this is through annual trust accountings.
New York Law Journal | Analysis
By Renee R. Roth and William P. LaPiana | January 16, 2020
There has not been any thorough consideration of the entire body of trusts and estates law on the scale of the Bennett Commission, which was funded by public funds, in part because there has been no similar allocation of such funds to the effort. Almost all that has been accomplished since then has been the work of dedicated volunteers. The volunteers have been busy again and have proposed a new trust code for New York.
New York Law Journal | Analysis
By C. Raymond Radigan and Lisa Fenech | January 3, 2020
In this Trusts and Estates law column, C. Raymond Radigan and Lisa Fenech discuss a new mediation initiative that is helping to resolve the logjam within the courts. Practitioners should be aware of this plan, and the ways it may help their clients resolve family disputes in a more efficient manner.
New York Law Journal | Analysis
By Sidney Kess | December 23, 2019
In his Tax Tips column, Sidney Kess writes: Estate and gift taxes continue to be a concern to many wealthy individuals. One of the key issues is what happens to estate tax planning now when the law changes in 2025 (or earlier).
New York Law Journal | Analysis
By Ilene Sherwyn Cooper | December 6, 2019
The past several months have seen significant decisions concerning Article 31 discovery in the Surrogate's Court where topics such as electronic discovery, the costs of document production, the costs of document production, and digital assets were addressed. In her Trusts and Estates Update, Ilene Sherwyn Cooper discusses recent opinions ruling on these issues.
New York Law Journal | Commentary
By C. Raymond Radigan | November 21, 2019
Today, the Surrogate's Court is a Constitutional Court and is not a creature of the legislature. It was created by the people and, therefore, it would require a constitutional amendment to change that court.
By Jack Newsham | November 15, 2019
An organization set up by famed radio producer Himan Brown said a New York judge has issued a preliminary injunction against Pryor Cashman partner Richard Kay, preventing him from interfering with the group's finances.
New York Law Journal | Analysis
By Daniel G. Fish | November 14, 2019
The Social Security Administration has created great uncertainty for attorneys who only draft supplemental needs trusts, but do not represent clients before the agency. In his Elder Law column, Daniel Fish discusses a new transmittal that could be interpreted to mean that such attorneys must have their fees approved in advance or be subject to criminal penalties.
By Jack Newsham | November 4, 2019
Albert Hessberg and his advocates said he diverted fees from his firm and began taking money entrusted to him by clients because of the pressure to give his family the same kind of life he had.
New York Law Journal | Analysis
By Raymond Radigan and John G. Farinacci | November 1, 2019
In their Trusts and Estate Law column, C. Raymond Radigan and John G. Farinacci conclude a series of articles about contested probate proceedings in the Surrogate's Court by focusing on the trial and pre-trial considerations.
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