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New York Law Journal

The Dead Man's Statute: Effectively Employing CPLR 4519

The authors discuss the elements and application of the "Dead Man's Statute" and offer practical guidance for practitioners to effectively employ the statute, as well as suggestions for potential applications that might not be directly apparent from the text of the statute but give effect to its underlying purpose.
8 minute read

Daily Business Review

Bad Faith: Plaintiff Lawyer, Client Found to Obstruct Justice

"The judge signed off on the half-truths and untruths that are in [the order]. Maybe I'll get an audience in front of this judge. If not, we'll take it up on appeal," the attorney said.
5 minute read

Daily Business Review

'Slayer Statute' Tested and Failed as Kluger Kaplan Gets Probate Win

In legal action that could have fallen from the pages of a soap opera script, a South Florida law firm successfully defended the husband of a Miami…
4 minute read

New York Law Journal

Exit Spring, Enter Summer

"As the summer days pass us by, we examine the decisions of the past several months that impacted the field of trusts and estates," writes Ilene Cooper.
10 minute read

The Legal Intelligencer

Key to Transferring the Garden: Review of NY's 2024 Transfer-on-Death Deed Law Provides Model for Pa., NJ

With a majority of states allowing a TOD deed, the Pennsylvania and New Jersey legislatures should consider passing a similar type of statute to benefit those owning real estate in their states.
10 minute read

New York Law Journal

The Importance of an Estate Plan that Reflects Current Family Structure

This article discusses the pitfalls of intestate succession, the effect of divorce on an estate plan under New York law specifically, and the need to address changes in a client's family structure with careful planning customized for the client's specific situation and testamentary intent.
10 minute read

Daily Business Review

The Power of Collaboration: How Teamwork Creates Holistic Wealth Management Solutions

In wealth management, the power of collaboration, the importance of a team sport mentality, and a holistic approach are critical to achieving successful outcomes.
6 minute read

Daily Business Review

New Proposed Guidance From the IRS on Foreign Trust Transactions and Large Gifts From Non-US Persons

This article summarizes the treatment of ownership of foreign trust assets; discusses the guidance for reporting a transfer and a donee's receipt of a distribution from a foreign trust, as well as the receipt of a large gift from an NRA; and addresses the treatment of certain loans with a foreign trust under the proposed regulations.
7 minute read

Daily Business Review

Overwhelmed CFTC Can Only Warn Seniors About Retirement Scams

As one fraudulent dealer is shut down, more "moles" appear in its wake. Understaffed and underfunded, the agency simply does not have enough mallets to stop the spread of precious metals fraud.
5 minute read

New York Law Journal

NY Court System to Appeal Decision That Reduces Chief Judge's Appointing Authority in Surrogate Courts

The association for New York surrogates and OCA have long disagreed about which entity is entitled to appoint chief clerks and, in counties such as Erie County with at least 500,000 population , a deputy chief clerk.
6 minute read

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Legal Speak is a weekly podcast that makes sense of what’s happening in the legal industry.

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