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March 01, 2024 | New York Law Journal

Continuation of a Business of a Decedent

A fiduciary does not have automatic authority under EPTL §11-1.1 to continue a business of a decedent, incur obligations and thus render the estate liable. However, courts have stated that a fiduciary has an inherent authority to temporarily continue a business for the limited exceptions of converting business assets to cash for the benefit of the estate.
8 minute read
November 03, 2023 | New York Law Journal

Surrogate's Court: Seeking Advice for Construction or Direction

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.
6 minute read
September 10, 2023 | New York Law Journal

Why New York Attorneys Should Consider Inter Vivos Trusts in Estate Planning

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.
8 minute read
August 07, 2023 | New York Law Journal

Five Indicators Mediation Is at a Tipping Point

More and more, countries, courts and states are turning to mediation to solve more complex disputes due to its collaborative, cost-effective, and confidential process. It allows all parties greater control over the outcome and greater speed to resolution. Mediation is proven to help courts decrease case backlogs and help businesses resolve legal disputes quickly and efficiently.
8 minute read
July 05, 2023 | New York Law Journal

Hostility as a Basis for Removal of a Fiduciary Without a Hearing

Where a fiduciary's behavior clearly demonstrates entrenched hostility toward beneficiaries or a co-fiduciary, summary removal has been held appropriate.
6 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 28, 2023 | New York Law Journal

Arbitration and Mediation: Role of Surrogates in Settlement Conferences

  In Surrogate's Court practice, as a result of the pandemic and resulting delays, and an unprecedented shortage of court staff, both the courts…
5 minute read
March 30, 2023 | New York Law Journal

Little Known Law Can Lead to Large Liability: The Freelance Isn't Free Act

This relatively unknown New York City law provides protections for freelance workers and imposes harsh penalties for those businesses that fail to comply with the Act's requirements. If your clients hire freelance workers, you should be aware of the Act and its requirements.
10 minute read
March 03, 2023 | New York Law Journal

Right of Sepulcher: Some Recent Litigated Matters

There are few cases regarding proceedings brought against funeral directors for failure to properly dispose of one's remains. Where one dies intestate with no immediate family available or willing to provide for burial, then the public administrator or the county treasurer or fiscal officer may have the responsibility of providing the necessary services for the disposal of the decedent's remains.
8 minute read
January 06, 2023 | New York Law Journal

Accountings in Estate and Trust Proceedings, Part II: Compulsory Accountings

Despite the requirement that a fiduciary must account for his or actions, there is no statutory provision that requires a fiduciary to provide periodic accountings. In Part two of their series, Raymond Radigan and Kera Reed discuss the issues involved when compelling a fiduciary to account.
8 minute read
December 22, 2022 | New York Law Journal

Hochul Picks New York's Next Chief Judge, Pending Senate Confirmation

The nominee grew up on Long Island, and was the first person in his family to get a college degree.
4 minute read

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