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February 26, 2021 | New York Law Journal

New York's New Statutory Power of Attorney: What Goes Around Comes Around, or Does It?

In December, Gov. Andrew Cuomo signed a series of amendments that made significant changes to the requirements for statutory powers of attorney in the state of New York. The changes, as discussed by C. Raymond Radigan and David Milner in this edition of their Trusts and Estates Law column, are an effort on the part of the New York Legislature to address issues that had become problematic with the use of the existing statutory power of attorney.
8 minute read
February 19, 2021 | New York Law Journal

New York State Bar Association Announces New Section Chairs in Antitrust, Tax, Other Groups

NYSBA's 27 sections meet regularly to support their members in an array of practice areas. Their initiatives include advocating to improve laws and promoting professional development.
3 minute read
January 04, 2021 | New York Law Journal

Manhattan Attorney Whose Racist Rant Went Viral Is Publicly Censured

The facts stipulated to by lawyer Aaron Schlossberg and an attorney grievance committee, as set out in the opinion, painted a clear and detailed picture of what happened inside a busy Fresh Kitchen to-go-style restaurant on the afternoon of May 15, 2018.
7 minute read
December 30, 2020 | New York Law Journal

Wrongful Death Compromises: A Proposal

In this Trusts and Estates Law column, C. Raymond Radigan and Lisa Fenech write: The systems by which wrongful death actions are commenced, and settled, are integral to the proper reimbursement to families for their loss. As a statutory mechanism for recovery, the procedures followed must be uniform to enable consistent recovery and allocation of funds. The incorporation of SCPA §702(1) restrictions on all Letters would ensure reliability for decedent's families and the courts in these matters.
7 minute read
October 30, 2020 | New York Law Journal

Joint Bank Accounts: Friend or Foe?

In their Trusts & Estates Law column, Raymond Radigan and Lois Bladykas address an important question for account owners and their estate planning attorneys: Is the account in question truly a joint account, or is it merely a convenience account? While this may appear to be a simple question, this issue is ripe for litigation and frequently plays out in the courts after one of the account owners passes away.
7 minute read
September 18, 2020 | New York Law Journal

In Lawsuit for Attorney Fees, Appeals Court Says Lawyer Who Was 'Mere Finder' of Plaintiff Cannot Recover

"In order to be entitled to a portion of the fee, more is required of the forwarding attorney than the mere recommendation," wrote the Appellate Division, Second Department.
3 minute read
September 11, 2020 | New York Law Journal

My Kidney to Yours: The Organ Shortage Crisis

In this Trusts and Estates law column, C. Raymond Radigan and Lisa Fenech discuss the steady demand for donated organs and the declining supply.
6 minute read
July 03, 2020 | New York Law Journal

Estate Pitfalls in Divorce and Separation Agreements

In their Trusts and Estates column, Raymond Radigan and John G. Farinacci write: The interest in settling inheritance issues becomes particularly important to couples where there are children of the marriage and couples are confronted with the possibility that a subsequent remarriage will jeopardize the children's or their own inheritance rights.
12 minute read
May 01, 2020 | New York Law Journal

Consider the Potential Benefits of Mediation or the Appointment of a Referee During the COVID-19 Pandemic

In their Trusts and Estates column, Raymond Radigan and Lois Bladykas write: The use of a mediator during this time of "social distancing" is possible through video and other electronic means, and if matters are resolved, the burden on the court system will be reduced.
4 minute read
February 28, 2020 | New York Law Journal

Implications of DNA Registries for Trust and Estate Practitioners

Chances are that you or a family member has undergone a genetic data analysis through one of the many DNA analysis services out there. The results can be interesting and informative, but there are some far-reaching implications. In their Trusts and Estates Law column, C. Raymond Radigan and Jennifer F. Hillman discuss issues that trust and estate attorneys may encounter in their practices relating to these implications.
6 minute read

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