Trusts and Estates

  • New York Law Journal

    'Estate of Seiden': An Opening of the Floodgates, or a Crack in the Wall?

    By Robert W. Benjamin and Helen C. Heintz | January 18, 2019

    The decision in 'Estate of Seiden' is good news for New York residents who are beneficiaries of 2010 QTIP trusts. But might other taxpayers benefit as well?

  • New York Law Journal

    Self-Settled Spendthrifts, Illusions and Shams: When an Asset Protection Trust Affords No Protection

    By Peter Tyers-Smith and Jonathan D. Cogan | January 18, 2019

    Essential considerations for judgment creditors seeking to attack offshore asset protection trusts.

  • New York Law Journal | News

    Ex-Buffalo Bills Player Buster Barnett Wins Control Over Murdered Wife's Estate

    By Katheryn Tucker | January 11, 2019

    The opinion tells the tragic story of Sandra Barnett, who married former NFL player Buster Barnett in 1987 and was kidnapped and killed in 2015 after a highly publicized police chase.

  • New York Law Journal

    Striving to Meet Increased Challenges

    By Judith D. Grimaldi, Chair, Elder Law and Special Needs Section | January 11, 2019

    Judith D. Grimaldi, Chair of the NYSBA Elder Law and Special Needs Section, writes: Elder and special needs law has become more challenging as the basic societal supports on which our aged and disabled clients thrive can no longer be taken as a given. The rules are changing in the middle of the game and our clients are caught in the mix. ELSN Section members strive to meet these challenges with wisdom and energy.

  • New York Law Journal

    Leadership in the Face of an Estate Tax Mismatch

    By Katie Lynagh, Member, Trusts & Estates Law Section | January 11, 2019

    Katie Lynagh, Member of the NYSBA Trusts & Estates Law Section, writes: Looking forward to 2019, the Section remains dedicated to responding to changes in the law, advancing legislation in our practice area, collaborating with other Sections on shared priorities, and strengthening our members' practices through knowledge sharing.

  • New York Law Journal | Analysis

    Mediation as an Alternative to Estate Litigation

    By Raymond Radigan and Moira A. Jabir | January 4, 2019

    Trusts and Estates Law columnists Raymond Radigan and Moira A. Jabir write: Litigation of Surrogate Court matters can be personal. Often, the resentment and indignation of the allegations exchanged is only outdone by the vitriolic counter allegations. The result can be protracted series of contested and expensive proceedings that feed the disillusionment of lawyers and the judicial system. If instead, sometimes mediation was utilized in this arena, one may reduce the court workload while providing voices to the parties' positions without jeopardizing settlement positions.

  • New York Law Journal | Analysis

    Discovering the Undiscovered

    By Ilene Sherwyn Cooper | December 7, 2018

    Trusts and Estates columnist Ilene Sherwyn Cooper writes: When a will has gone missing, or assets cannot be found, the issue usually becomes the subject of a Surrogate's Court proceeding. The past several months have seen decisions addressed to such issues, each of which are instructive to the practitioner.

  • The American Lawyer | News

    Venable Lands New Trust & Estates Chairwoman in NY

    By Scott Flaherty | November 5, 2018

    Ani Hovanessian, previously a partner at Holland & Knight who specializes in advising high-net-worth individuals, will lead Venable's tax and wealth planning group in New York.

  • New York Law Journal | News

    Schulte Fends Off Malpractice Suit Tied to Postnuptial Agreement

    By Christine Simmons | November 2, 2018

    A Manhattan judge, dismissing a legal malpractice complaint against Schulte Roth & Zabel, found there was no attorney-client relationship with the law firm.

  • New York Law Journal | Analysis

    Partial Probate in New York

    By Raymond Radigan and Kristofer J. Kasnicki | November 2, 2018

    In this Trusts & Estates column, Raymond Radigan and Kristofer J. Kasnicki discuss some of the cases where partial probate has been allowed in New York where there was invalidation due to improper execution and undue influence/fraud, and explore different scenarios where partial probate may be permissible when there is invalidation due to a lack of testamentary capacity.

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