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November 03, 2024 | New York Law Journal

The Least Restrictive Way to Limit Letters of Administration

"In New York, although a practitioner might expect the Surrogate's Courts to act uniformly as part of the New York State Unified Court System, Surrogate's Courts in various counties may operate differently when assessing petitions. One example is with respect to restrictions placed on letters of administration. While under-restricting letters of administration may result in inadequate safeguards on the interests of non-consenting distributees, over-restricting letters could result in (i) a hindrance of a fiduciary's powers statutorily granted under EPTL §11–1.1, (ii) an unnecessary burden on the court's limited resources caused by additional applications to remove the restrictions, (iii) delayed administration of estates, and (iv) conflicts with the legislative intent as expressed in the Bennett commission."
10 minute read
October 08, 2024 | The American Lawyer

Deal Watch: Gibson Dunn, Latham, Wachtell, Akin, Simpson, Ropes Advise on Big Deals as M&A Activity Climbs

Big firms are continuing to land on megadeals. Over the last nine days, there were at least three deals exceeding the $7 billion mark.
9 minute read
July 03, 2024 | New York Law Journal

Personal Liability of a Fiduciary for Claims Against an Estate

A fiduciary of an estate must carefully balance his or her responsibilities to creditors of the decedent and to beneficiaries of the estate. A fiduciary "must act in good faith in the treatment of both" creditors and beneficiaries.
5 minute read
May 03, 2024 | New York Law Journal

Jury Trials in Surrogate's Court

Every Surrogate's Court case is a special proceeding for which there is a presumption that no right to a jury trial exists. There is, however, a limited subset of a cases in which a Surrogate's Court proceeding may be tried to a jury.
9 minute read
March 01, 2024 | New York Law Journal

Continuation of a Business of a Decedent

A fiduciary does not have automatic authority under EPTL §11-1.1 to continue a business of a decedent, incur obligations and thus render the estate liable. However, courts have stated that a fiduciary has an inherent authority to temporarily continue a business for the limited exceptions of converting business assets to cash for the benefit of the estate.
8 minute read
Law Journal Press | Digital Book New Jersey Estate Litigation 2014 Authors: Michael R. Griffinger, Paul F. Cullum III View this Book

View more book results for the query "Ruskin Moscou Faltischek"

November 03, 2023 | New York Law Journal

Surrogate's Court: Seeking Advice for Construction or Direction

More often than not, it is the fiduciary that is looking for the court to tell them what to do or otherwise agree with what they want to do. In this article, C. Raymond Radigan and Margaret B. Rahner highlight the ambiguity in intent and uncertainty in the direction for the fiduciary to follow.
6 minute read
September 10, 2023 | New York Law Journal

Why New York Attorneys Should Consider Inter Vivos Trusts in Estate Planning

Sadly, over the years, there have been many developments that have adversely impacted upon the ability to achieve speedy probate. All courts have experienced a significant decline in court personnel. The pandemic contributed to even greater court delays, write contributors C. Raymond Radigan and David N. Milner.
8 minute read
August 07, 2023 | New York Law Journal

Five Indicators Mediation Is at a Tipping Point

More and more, countries, courts and states are turning to mediation to solve more complex disputes due to its collaborative, cost-effective, and confidential process. It allows all parties greater control over the outcome and greater speed to resolution. Mediation is proven to help courts decrease case backlogs and help businesses resolve legal disputes quickly and efficiently.
8 minute read
July 05, 2023 | New York Law Journal

Hostility as a Basis for Removal of a Fiduciary Without a Hearing

Where a fiduciary's behavior clearly demonstrates entrenched hostility toward beneficiaries or a co-fiduciary, summary removal has been held appropriate.
6 minute read
April 28, 2023 | New York Law Journal

Arbitration and Mediation: Role of Surrogates in Settlement Conferences

  In Surrogate's Court practice, as a result of the pandemic and resulting delays, and an unprecedented shortage of court staff, both the courts…
5 minute read

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