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September 09, 2013 |

Modernizing New York's Non-Profit Law

In their Trusts and Estates Law column, C. Raymond Radigan and David R. Schoenhaar of Ruskin Moscou Faltischek review the Nonprofit Revitalization Act of 2013, which seeks to modernize governance, reduce bureaucracy and red tape, and enhance oversight and accountability to prevent fraud and improve the public trust.
10 minute read
July 26, 2010 |

Health Care Law

In this Special Section from the New York Law Journal: "Provider Integration Can Save Needed Dollars for Reform," "Family Health Care Decisions Act Takes Effect," "Cost-Based Stark Law Changes Under Consideration" and "Monthly 'Exclusion' Checks Now Expected."
2 minute read
April 19, 2010 |

Asset Valuation

In this Special Section from the New York Law Journal: "Closely Held Corporate Shares Require a Discount" and "Subprime MBS Assumptions Under Fire."
1 minute read
January 06, 2010 |

Trusts and Estates Law

C. Raymond Radigan, a former Surrogate of Nassau County and of counsel to Ruskin Moscou Faltischek, and Jennifer F. Hillman, an associate at the firm, analyze a recent decision which highlights the distinction in guardianship proceedings between persons with permanent learning disabilities and those with serious and prolonged mental illnesses.
8 minute read
November 20, 2012 |

New York Needs a Directed Trust Statute

In their Trusts and Estates Law column, C. Raymond Radigan, of counsel to Ruskin Moscou Faltischek, and Jennifer F. Hillman, an attorney at the firm, write that directed trusts have become increasingly popular with clients because of their flexibility.
8 minute read
July 09, 2010 |

Wealth Preservation for Future Generations: Utilizing Lifetime Trusts

In his Trusts and Estates Law column, C. Raymond Radigan, of counsel to Ruskin Moscou Faltischek, writes: Despite our ever expanding litigious society and the upward trend in divorce rates, many clients fail to incorporate protective measures in their planning. The primary failure is the underutilization of lifetime trusts as a means to pass wealth to future generations.
12 minute read
January 14, 2013 |

Need for Slayer Statute to Determine Effect of Homicide on Property Rights

In their Trusts and Estates Law column, C. Raymond Radigan and Peter K. Kelly, of counsel to Ruskin Moscou Faltischek, write that a statute that clarifies the extent of the wrongs giving rise to forfeiture, considers the existing case law and sets forth the legislative judgment in these matters is necessary to avoid inconsistent results.
11 minute read
March 10, 2008 |

Trusts and Estates Law

C. Raymond Radigan, a former surrogate of Nassau County and of counsel to Ruskin Moscou Faltischek, and Adam J. Gottlieb, of counsel to the firm, write that while an Uniform Transfers to Minors Act account is inexpensive to create and a useful way for a child, the UTMA account has some limitations, the most pertinent of which is that the UTMA account belongs to the beneficiary once he or she reaches the termination age.
7 minute read
September 18, 2012 |

'Knox,' the Prudent Investor and Fiduciary Duties

In their Trusts and Estates Law column, C. Raymond Radigan, a former surrogate of Nassau County and of counsel to Ruskin Moscou Faltischek, and John G. Farinacci, a partner with the firm, write that the legal standards articulated in 'Janes' and its progeny should not be so rigidly interpreted without a reasonable application of the law to the facts of any given case as to do so may be a failure to "…avoid reaching determinations that arrive at unreasonable or absurd results."
13 minute read
March 11, 2013 |

Extending EPTL 3-3.5 Safe Harbor Provisions to Inter Vivos Trusts

In their Trusts and Estates Law column, C. Raymond Radigan, of counsel to Ruskin Moscou Faltischek, and Jennifer F. Hillman, an attorney at the firm, write that because of the increasing use of inter vivos trusts in estate planning, the same policy reasons for the safe harbor provisions in EPTL 3-3.5 for wills should be extended to inter vivos trusts.
9 minute read

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