By Sharon L. Klein | January 27, 2023
11. Trustees Do Not Require Court Approval To Decant a Trust. Estates, Powers and Trust Law (EPTL) §10-6.6 permits "decanting," which allows the…
By Blake Betheil and Seth Langton | January 27, 2023
The New York Department of Taxation and Finance has a sophisticated residency audit program that frequently audits taxpayers who claim to have relocated.
By Jason J. Smith and David N. Hoffman | January 27, 2023
A new medical aid in dying bill will be introduced after the state legislature goes into its 2023 session. While the new bill's passage is uncertain, recent legal developments in other states, including Oregon, Vermont and New Jersey, all of which permit MAiD, could make MAiD for terminally-ill New York residents accessible outside of New York.
By Jill Choate Beier and Jennifer F. Hillman | January 27, 2023
Whatever particular situation a practitioner may be faced with, it is important to recognize that the nuances of cross-jurisdictional issues require additional due diligence in order to protect your client and yourself.
By Alec R. Borenstein | January 27, 2023
With our shifting financial world, where should estate planners turn to in this high interest rate environment?
By Laurence Keiser, Chair, Trusts & Estates Law Section | January 17, 2023
Laurence Keiser, Chair of the Trusts & Estates Law Section, writes:
By Andrew Denney | January 13, 2023
Descendants of radio pioneer Himan Brown allege that Richard Kay of Pryor Cashman took advantage of Brown during his final years to get him to change the terms of his will. Since then, they allege, Kay has run a fraudulent scheme to use Brown's hard-earned dough to enrich himself.
New York Law Journal | Analysis
By Raymond Radigan and Kera Reed | January 6, 2023
Despite the requirement that a fiduciary must account for his or actions, there is no statutory provision that requires a fiduciary to provide periodic accountings. In Part two of their series, Raymond Radigan and Kera Reed discuss the issues involved when compelling a fiduciary to account.
By Jason Grant | January 3, 2023
"Although an attorney representing the executor of an estate, generally, is not liable to the beneficiaries of the estate, as the attorney does not represent the estate itself, when fraud, collusion, malicious acts, or other special circumstances exist, an attorney may be liable to ... for harm caused by professional negligence," the Second Department justices wrote.
By Andrew Denney | December 29, 2022
Trusts and estates attorneys with cases in Brooklyn Surrogate's Court told the Law Journal that Thompson's refusal to work directly with Buckheit on the so-called Even Docket caused delays in cases often filled with time-sensitive matters.
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