Trusts and Estates

  • New York Law Journal | Analysis

    Teaching Your Old Trust New Tricks

    By Daniel F. Lindley and Elisa Shevlin Rizzo | March 18, 2019

    Irrevocable trusts often leave the trustee with limited flexibility to address unanticipated circumstances, investment challenges, or outdated administrative provisions. There are, however, techniques for improving this situation, the availability of which depends upon the jurisdiction governing the trust. This article compares the options under New York and Delaware law.

  • New York Law Journal

    A Closer Look: Mediation in Surrogate's Court

    By Leslie Wilsher, Hope Winthrop and JoAn Pangilinan-Taylor | March 15, 2019

    Families are complex systems. Mediation allows the parties to address emotional and inter-relational matters that cannot be addressed in the courtroom, but that might otherwise impede the settlement process. Providing a forum in which parties can feel heard, instead of having “to prove,” may allow them to move past these obstacles, leading to a more expedient and efficient resolution.

  • New York Law Journal | Analysis

    Anatomy of a Probate Contest, Part 1: Planning to Avoid a Contest

    By C. Raymond Radigan and Lois Bladykas | March 8, 2019

    In this Trusts and Estates Law column, C. Raymond Radigan and Lois Bladykas present the first in a series of articles concerning contested probate proceedings in Surrogate's Court.

  • New York Law Journal | News

    Famed NY Archbishop's Remains Must Be Disinterred From St. Patrick's and Sent to Illinois, Court Rules

    By Jason Grant | March 7, 2019

    The Manhattan appeals court sided with the 91-year-old niece of Archbishop Fulton J. Sheen, a revered Catholic figure, based largely on her and a monsignor's testimony about Sheen's reverence for sainthood—and based on the chance that, after the transfer happens, he will be declared a saint.

  • New York Law Journal | News

    Moritt Hock & Hamroff Adds Seven Lawyers From Trusts and Estates Boutique

    By Christine Simmons | February 6, 2019

    The acquisition increases Moritt Hock's head count to 76 and doubles the size of its trust and estates practice.

  • New York Law Journal | Analysis

    Be Wary How You Plead

    By Ilene Sherwyn Cooper | February 1, 2019

    In her Trusts and Estates Update, Ilene Sherwyn Cooper writes: While a defective pleading may sometimes be remedied by way of an amendment, courts are not always inclined to grant such relief, and even have gone so far as to dismiss pleadings for failure to state a cause of action.

  • New York Law Journal | News

    Westchester Attorney Pleads Guilty to Charge of Embezzlement from Estate

    By Colby Hamilton | January 31, 2019

    Guy Parisi pleaded guilty to to a federal mail fraud charge after being indicted in August.

  • New York Law Journal

    Trusts & Estates

    By Angela Turturro | January 24, 2019

    In this Special Report: "Top 10 Developments, Lessons and Reminders of 2018," "Addiction, Disinheritance and Enabling: An Avoidable Outcome," "'Estate of Seiden': An Opening of the Floodgates, or a Crack in the Wall?" and "Self-Settled Spendthrifts, Illusions and Shams: When an Asset Protection Trust Affords No Protection."

  • New York Law Journal

    Top 10 Developments, Lessons and Reminders of 2018

    By Sharon L. Klein | January 18, 2019

    From new legislation, to important proposals, to instructive case law, 2018 saw some significant developments, lessons and reminders.

  • New York Law Journal

    Addiction, Disinheritance and Enabling: An Avoidable Outcome

    By David E. Siegfeld | January 18, 2019

    Family members, especially parents, have difficulty in addressing how to plan their estates when a loved one is struggling with the disease of addiction. A proper estate plan can help establish certain benchmarks in order to ensure that a bequest is properly safeguarded against abuse, while at the same time provide resources to the intended beneficiary for both their personal needs and to assist with their struggles in addiction.

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