0 results for 'Ruskin Moscou Faltischek'
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.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.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.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.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.View more book results for the query "Ruskin Moscou Faltischek"
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…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.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.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.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.Download Now
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