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By Joseph T. La Ferlita and Nicholas G. Moneta | June 14, 2023
While the scope of the Gallo exemption is narrow, some of those trusts to which it applies are still in existence. The practitioner should realize that certain modifications of a Gallo exempt trust, including, for example, modifications via a decanting or court proceeding, could inadvertently trigger a GST tax.
8 minute read
By Barbara M. Goodstein | June 7, 2023
The assets available to secured creditors in a debtor's bankruptcy proceeding must constitute "property of the estate" within the meaning of section 541(a)(1) of the U.S. Bankruptcy Code. However, creditors can sometimes find assets of a debtor outside the realm of a bankruptcy debtor's estate based on certain pre-bankruptcy arrangements. Examples of those arrangements are trusts and escrows. This column discusses two recent cases, "Markel Insurance Company v. Origin Bancorp, Inc.," and "In re: Urban Commons 2 West LLC," where federal courts held that a trust and escrow arrangement, respectively, were each insufficiently structured to protect the related assets from claims of creditors of the bankrupt debtor.
9 minute read
By Law Journal Editorial Board | June 4, 2023
Making it easier for the owners of motor vehicles to pass the vehicles to their heirs at death without the necessity of a formal estate administration is an excellent idea.
3 minute read
By Ilene Sherwyn Cooper | June 2, 2023
As the summer months approach, and the winter and spring seasons leave their trail behind, we consider the many instructive opinions rendered by the Surrogate and Appellate courts affecting the field of trusts and estates.
10 minute read
By ALM Staff | June 2, 2023
This ruling was selected and summarized by the New York Law Journal's decision editors.
2 minute read
By Amy Neifeld Shkedy and Rebecca Rosenberger Smolen | May 31, 2023
The one question that a lot of our clients are not expecting toward the end of our estate planning meeting is how they want their assets to pass in the event of a "family catastrophe." As if planning for death isn't difficult enough, there is even more to think about should this unexpected contingency become a reality.
5 minute read
By Adolfo Pesquera | May 30, 2023
Three bills are intended to improve communications in connection with guardianship proceedings.
4 minute read
By Jane Wester | May 26, 2023
Gibson Dunn & Crutcher partner Mitchell Karlan said his client, defendant Veronica Bulgari, plans to move for summary judgment shortly.
3 minute read
By Law Journal Editorial Board | May 21, 2023
Senate Bill 3341, concerning estate cases with claims of undue influence, is a remedy in search of a problem.
3 minute read
By Frederick K. Schoenbrodt II and Megan E. Cannella | May 19, 2023
At death, an individual who made no taxable gifts during life will have the entire basic exclusion amount remaining. An individual who made taxable gifts during life will have something less than the full basic exclusion amount remaining since a portion would have been applied to those lifetime gifts. In either event, the remaining basic exclusion amount, full or partial, will be available to apply against taxable transfers occurring at the individual's death.
9 minute read
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