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Personal Liability of a Fiduciary for Claims Against an Estate
A fiduciary of an estate must carefully balance his or her responsibilities to creditors of the decedent and to beneficiaries of the estate. A fiduciary "must act in good faith in the treatment of both" creditors and beneficiaries.Jury Trials in Surrogate's Court
Every Surrogate's Court case is a special proceeding for which there is a presumption that no right to a jury trial exists. There is, however, a limited subset of a cases in which a Surrogate's Court proceeding may be tried to a jury.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.View more book results for the query "Ruskin Moscou Faltischek"
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.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.Trending Stories
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