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May 03, 2019 | New York Law Journal

Anatomy of a Probate Contest, Part 2: The Probate Petition and Jurisdiction

In this Trusts and Estates Law column, C. Raymond Radigan and Lisa Fenech present the second article in a series of articles concerning contested probate proceedings in Surrogate's Court.
5 minute read
March 08, 2019 | New York Law Journal

Anatomy of a Probate Contest, Part 1: Planning to Avoid a Contest

In this Trusts and Estates Law column, C. Raymond Radigan and Lois Bladykas present the first in a series of articles concerning contested probate proceedings in Surrogate's Court.
5 minute read
January 04, 2019 | New York Law Journal

Mediation as an Alternative to Estate Litigation

Trusts and Estates Law columnists Raymond Radigan and Moira A. Jabir write: Litigation of Surrogate Court matters can be personal. Often, the resentment and indignation of the allegations exchanged is only outdone by the vitriolic counter allegations. The result can be protracted series of contested and expensive proceedings that feed the disillusionment of lawyers and the judicial system. If instead, sometimes mediation was utilized in this arena, one may reduce the court workload while providing voices to the parties' positions without jeopardizing settlement positions.
6 minute read
November 02, 2018 | New York Law Journal

Partial Probate in New York

In this Trusts & Estates column, Raymond Radigan and Kristofer J. Kasnicki discuss some of the cases where partial probate has been allowed in New York where there was invalidation due to improper execution and undue influence/fraud, and explore different scenarios where partial probate may be permissible when there is invalidation due to a lack of testamentary capacity.
8 minute read
October 15, 2018 | New York Law Journal

Attorneys for Ex-NY Senate Leader Ask for Leniency Ahead of Sentencing in Corruption Case

Skelos, who was found guilty of arranging jobs for his son at companies with business before the state, is apparently struggling with alcohol dependence and depression after a jury convicted him earlier this year.
5 minute read
September 06, 2018 | New York Law Journal

Presumption of Death: What Happens When an Individual Vanishes From Society?

Recently, there has been new attention placed on the decades old disappearance of Kathleen Durst who disappeared in 1982. At the time of her disappearance,…
6 minute read
August 01, 2018 | New York Law Journal

Victim Defamation Claims in the Era of #MeToo

The actual malice standard poses an evidentiary hurdle that alleged victims may be unable to clear.
2 minute read
July 16, 2018 | New York Law Journal

In 'Bellwether,' Judge Rejects Spousal Share for Caretaker Who Married Businessman at Life's End

The caretaker for a businessman who married him in his final days forfeited her statutory share of his estate because she knowingly married him while he was mentally incapacitated, a Surrogate's Court judge found.
5 minute read
July 06, 2018 | New York Law Journal

The Facts and Misconceptions Between Undue Influence and Mental Capacity in New York

In their Trusts and Estate Law column, C. Raymond Radigan and John G. Farinacci discuss guardianship matters and claims challenging transactions to which elderly and infirm individuals were parties.
8 minute read
May 16, 2018 | New York Law Journal

Appellate Division Reaffirms the Importance of Sufficiently Alleging Demand Futility in Derivative Lawsuits

Attorneys face myriad hurdles and pitfalls in their representation of business owners. In a recent decision, the First Department reminded us of one often overlooked in the litigation context—the importance of an owner adequately alleging demand futility in a derivative action.
8 minute read

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