New York Law Journal | Analysis
By C. Raymond Radigan and Margaret B. Rahner | November 3, 2023
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.
By Lisa Willis | October 31, 2023
Two attorneys were disbarred, one had the license revoked, and four were suspended.
By Riley Brennan | October 30, 2023
"The proceeds of such lawsuits are akin to trust funds held for the statutory beneficiaries. Nothing in the will and trust statutes prohibits the transfer of expected proceeds into a trust," said Justice Yvonne Kauger. "Prohibiting such a transfer would be counterintuitive to the nature of an estate trust, and our prior treatment of wrongful death proceeds."
New York Law Journal | Analysis
By Conrad Teitell | October 20, 2023
This article discusses a case in which an alumnus made a $1.8-million gift to Dartmouth College to upgrade and maintain its golf course. However, Dartmouth subsequently closed the course and sought to repurpose the donor's gift.
New York Law Journal | Analysis
By Ilene Sherwyn Cooper | October 1, 2023
As we enter the final months of 2023, Ilene Sherwyn Cooper considers some of the interesting decisions affecting trusts and estates that rounded out the summer season.
By Adolfo Pesquera | September 27, 2023
The city's unilateral amendment ... would disenfranchise Dallas voters in contravention of state law, and deprive ERF members of their right to bilateral administration of the ERF trust—one of the pensioner's most sensitive and valuable rights, Locke Lord attorney Thomas Loose said.
Connecticut Law Tribune | News
By Emily Cousins | September 25, 2023
The court was not fully in agreement, as Justice Gregory T. D'Auria dissented, arguing "no state interest justifies voiding previously valid in terrorem clauses on the ground of public policy" in this case.
New York Law Journal | Analysis
By Jennifer Flannery and Teresa Bennett | September 21, 2023
A discussion of issues when dealing with business interests held by a fiduciary of an estate or trust including what type of disclosure as to the underlying business's activities would be available on an accounting proceeding. The authors delve into how to protect confidential business information versus how to obtain it if you are a beneficiary.
New York Law Journal | Analysis
By Juliya L. Ismailov | September 10, 2023
There has been an inflection point in the economy as a result of work life returning to a new post-pandemic normal. These changes are, in turn, impacting employees' choice of domicile for trust and estate planning purposes, among other things. In this article, Juliya L. Ismailov explores the far-flung tax consequences of post-pandemic recovery.
New York Law Journal | Analysis
By Joseph T. La Ferlita and Nicholas G. Moneta | September 10, 2023
New York's decanting statute is a tool frequently used by practitioners. In this article, Joseph T. La Ferlita and Nicholas G. Moneta suggest that a targeted technical amendment to EPTL 10-6.6 should be considered to address the potential issues the decanting statute presents.
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