Law Offices of Gary Martin Hays & Associates
P.C.
75 Ponce De Leon Ave NE Ste 101
Atlanta,
GA 30308(470) 294-1674
www.garymartinhays.com
New York Law Journal | Analysis
By Michael Calcagni and Michael J. Borger | September 10, 2023
Since New York case law generally holds that a trustee is the proper party to a suit in conflict situations, the aggrieved trust beneficiary is seemingly without options. Practitioners, however, should be familiar with two exceptions to the general rule in this context—the so-called "double-derivative" standing of a trust beneficiary and "equitable owner" approach to standing. This piece sets forth a brief basis for each theory and strategic considerations when bringing these types of matters.
New York Law Journal | Analysis
By Laura M. Brancato | September 10, 2023
The new wave of elder law litigation begs the question: Are we witnessing the unofficial beginning of ante-mortem will contest in New York? In this article, Laura M. Brancato highlights how post-mortem probate can expose the vulnerability of an estate's resources and discusses whether ante-mortem probate could act as a viable alternative.
New York Law Journal | Analysis
By C. Raymond Radigan and David N. Milner | September 10, 2023
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.
New York Law Journal | Analysis
By Susan Rothwell and Michael C. Levy | September 10, 2023
In this article, Susan Rothwell and Michael C. Levy discuss some of the issues and trends that are driving practitioners to recommend revocable trusts more often and to a wider variety of clients.
New York Law Journal | Analysis
By Sharon L. Klein | September 10, 2023
The first year of the 2023-2024 legislative session began Jan. 4, 2023 and ended June 8, 2023. In this article, Sharon L. Klein highlights some of the most significant developments.
New York Law Journal | Analysis
By Christiana M. Lazo, Tony Ray Meyer Jr., Thomas H. Norelli and Maria L. Bourdeau | September 10, 2023
Business succession planning for family-owned businesses requires solving a myriad of thorny issues and potential conflicts. This article presents approaches to some common governance, tax and technical hurdles families face when planning how to pass the business to the next generation.
The Legal Intelligencer | News
By Amanda O'Brien | September 5, 2023
The group does not include any associates. "We need to see what the demand looks like," Dilworth chairman Lawrence McMichael said. "We did offer a couple of associates positions, but they went elsewhere."
By Riley Brennan | September 1, 2023
"Here, extrinsic evidence is necessary to resolve the ambiguity whether, at the time of the making of the will, the decedent intended that the to-be-named charity was to receive the remainder notwithstanding Licorice's failure to survive her," the court said.
By Brian Lee | August 31, 2023
In a statement, Long Island attorneys Paul Marchese and Robin Maynard of Marchese & Maynard said their actions were justified. They also said the settlement terms with the office of the New York Attorney General were just a fraction of what the state originally demanded.
The Legal Intelligencer | Commentary
By Rebecca Rosenberger Smolen and Amy Neifeld Shkedy | August 31, 2023
The IRS has recently further extended that earliest start date until Dec. 31, 2024, under Notice 2023-54.
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