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?
By Peter Tyers-Smith and Jonathan D. Cogan | January 18, 2019
Essential considerations for judgment creditors seeking to attack offshore asset protection trusts.
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.
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.
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
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
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.
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.
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
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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