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A 'Shocking Opinion'?: 'Duty to Defend' Under Fire in Ga. Court of Appeals Opinion

"There isn't a businessperson in the state that's not going to not lose the duty to defend because within [the new criteria," the defendant-appellee attorney said. "They can either have the financial wherewithal or can borrow it. ... It reaches so much further than it needed to go."
4 minute read

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

New York Law Journal

Issues Under the Corporate Transparency Act for Trusts

On Jan. 1, 2024, the Corporate Transparency Act (CTA) came into force, requiring the vast majority of small limited liability companies, corporations…
9 minute read

The Legal Intelligencer

Current Issues for Estate Planners: The CTA, Rising Interest Rates and More

There are a number of prominent issues on the horizon for estate planners this year. In this article, we provide a brief overview of some of those issues, including the Corporate Transparency Act, rising interest rates, Pennsylvania recognition of irrevocable grantor trusts, pandemic-related probate delays and upcoming scheduled sunset of the historically large federal gift and estate tax exemption.
6 minute read

New York Law Journal

The Future of Wills in New York

It is well established law in New York that to be valid, a will, with minor exceptions, must be in writing. It appears this is about to change. A bill has been introduced in the New York Assembly, which adds a new Part 6 authorizing "electronic wills" to Article 3 of the Estates, Powers and Trusts Law.
11 minute read

The Legal Intelligencer

Special Section: 2024 Wealth Management, Trusts & Estates/Family Law

In The Legal's Wealth Management, Trusts & Estates/Family Law special section, read about the significance of prenuptial agreements, mediation for divorce litigants and succession planning.
2 minute read

The Legal Intelligencer

ABLE Accounts: Tax-Free Growth for Individuals With Disabilities

While SNTs can be excellent planning tools, they are not the only option. Most states offer ABLE accounts—savings accounts that provide tax-free growth for individuals with disabilities without affecting eligibility for Medicaid, Supplemental Security Income (SSI) or other means-tested benefits.
6 minute read

The Legal Intelligencer

Succession Planning: Prenups and Postnups as Divorce and Estate Planning Tools

Common misconceptions aside, prenups are for everyone, and they are an essential tool for any couple contemplating marriage, regardless of their age or financial station in life.
8 minute read

New York Law Journal

Violation of Cannabis Law; Succession Rights of Non-Traditional Family Members: This Week in Scott Mollen's Realty Law Digest

Scott Mollen discusses "The City of New York v. The Land and Building Known as 634 Nostrand Avenue a/k/a 1192 Dean Street," and "Stuyvesant Owners Inc. v. Frantino."
11 minute read

The Recorder

SF Lawyer Faces Ethics Charges for Allegedly Taking $1.33M in Fees

Drexel Bradshaw is already facing a recommended six-month license suspension for his actions overseeing the trust of another client.
4 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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