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December 30, 2021 | New York Law Journal

Accounting for Fiduciaries' Actions

As with all other fiduciary duties, accounting is an integral part of being a fiduciary of an estate or trust, and must be handled with due care to protect both the fiduciary and the beneficiaries.
6 minute read
October 29, 2021 | New York Law Journal

Asserting Affirmative Defenses to Objections in Accounting Proceedings

Suffice it to say that something as simple as raising affirmative defenses has complexities not found in Supreme Court practice. This is especially true in accounting proceedings, the procedural vehicle where parties often litigate a whole panoply of claims.
9 minute read
September 10, 2021 | New York Law Journal

Is the Third Time the Charm? NYS Assembly Considers Amendment Increasing Individual Charitable Trustee Commission in 2021 Legislative Session

In this Trusts and Estates law column, Raymond Radigan and Kassandra Polanco discuss proposed legislation that would increase the commission of an individual charitable trustee, and allow such commission to be derived from both the income and principal of a wholly charitable trust.
8 minute read
July 02, 2021 | New York Law Journal

Accessing Safe Deposit Boxes Owned by Allegedly Incapacitated Persons

The Surrogate's Court Procedure Act provides a streamlined procedure for a nominated executor, distributee or otherwise interested person to obtain an order to open a safe deposit box to search for a will, insurance policy, or cemetery deed. In their Trusts and Estates Law column, Raymond Radigan and Lois Bladykas discuss the issues involved in accessing a safe deposit box when the owner of the box is still alive, but suffers from alleged incapacity.
5 minute read
June 29, 2021 | New York Law Journal

Bringing Old Judgments Back to Life

The precipitous rise in the value of real estate in the metropolitan area over the last year may bring value and utility to an otherwise long forgotten judgment. To take advantage of this opportunity, a savvy lawyer must know how to bring an old judgment back to life.
7 minute read
Law Journal Press | Digital Book New Jersey Estate Litigation 2014 Authors: Michael R. Griffinger, Paul F. Cullum III View this Book

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April 30, 2021 | New York Law Journal

Now, More Than Ever, New York Needs a Directed Trust Statute

While the creation of trusts may have significant tax savings, many clients remain concerned about giving up control to one trustee. Directed trusts have become increasingly popular with clients for precisely this reason. In this edition of their Trusts and Estates Law column, C. Raymond Radigan and Jennifer F. Hillman discuss this type of trust and analyze the current state of the law in New York pertaining to it.
8 minute read
April 15, 2021 | New York Law Journal

Prompt Action Needed To Cure Inadvertent Production of Privileged Documents

In this edition of their Commercial Division Update, Thomas J. Hall and Judith A. Archer discuss a recent decision that put litigants on notice that their duty to cure inadvertent disclosure may require promptly moving for a protective order even where, upon learning of the inadvertent production, they repeatedly demanded that opposing counsel return the privileged the documents and cease any use thereof.
9 minute read
February 26, 2021 | New York Law Journal

New York's New Statutory Power of Attorney: What Goes Around Comes Around, or Does It?

In December, Gov. Andrew Cuomo signed a series of amendments that made significant changes to the requirements for statutory powers of attorney in the state of New York. The changes, as discussed by C. Raymond Radigan and David Milner in this edition of their Trusts and Estates Law column, are an effort on the part of the New York Legislature to address issues that had become problematic with the use of the existing statutory power of attorney.
8 minute read
February 19, 2021 | New York Law Journal

New York State Bar Association Announces New Section Chairs in Antitrust, Tax, Other Groups

NYSBA's 27 sections meet regularly to support their members in an array of practice areas. Their initiatives include advocating to improve laws and promoting professional development.
3 minute read
January 04, 2021 | New York Law Journal

Manhattan Attorney Whose Racist Rant Went Viral Is Publicly Censured

The facts stipulated to by lawyer Aaron Schlossberg and an attorney grievance committee, as set out in the opinion, painted a clear and detailed picture of what happened inside a busy Fresh Kitchen to-go-style restaurant on the afternoon of May 15, 2018.
7 minute read

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