Representing Estate and Trust Beneficiaries and Fiduciaries
Free PodCast
Listen to "Settlements: Oh, the Difference a Tax Makes!" from the program Representing Estate and Trust Beneficiaries and Fiduciaries originally presented July 19-20, 2007
Why Attend?
Register for this program, and participate in an exclusive listserv!
Faculty and registrants at this year's course and webcast will have their own discussion forum --- a way to stay in touch with one another --- after the program. Faculty and registrants from the past few years will also be invited. It's an opportunity for you to continue to network, exchange ideas, and talk about new developments with other professionals in your practice area, including the faculty. This is a new ALI-ABA feature, and registrants at this program are the first to receive this valuable benefit!
After the live course/webcast takes place, all registrants will receive an email inviting them to join the group, with instructions on how to do so. Remember, this is a closed list, and is only accessible if you register for the program.
What You Will Learn
This annual advanced course of study is designed for lawyers representing fiduciaries and beneficiaries, in-house bank and trust counsel, risk managers, investment officers and relationship managers, investment advisors, and estate planning and estate and trust administration professionals.
Over the course of more than 14 hours of instruction, lively panel discussions are used to examine current developments and corresponding strategies in fiduciary law. The program focuses primarily on issues surrounding fiduciary litigation and how to prevent it, rather than traditional estate planning approaches and considerations.
Topics include:
The current fiduciary litigation landscape and its impact on policy
The inside of the Plaintiff’s playbook and the response of the Defense FLP/LLCs in estates and trusts and tax controversies
The not-so-irrevocable irrevocable trust
Tax consequences of settlements that usually surprise
The modern release
A practical and specific standard for “prudent”
UTC-driven changes in what we need to do
The self-canceling right to sue a fiduciary
Avoiding liability
Ethical restraints in representing those who represent
IRS enforcement priorities
Strategies for the dysfunctional family
Protecting attorney-client privilege
Carrot and stick trust provisions
Practical and media considerations in disputes
The protocol for prudently managing managers
The “collateral” duties that provide a back-door to liability\
Communicating complex matter
Time is reserved throughout the program to address registrants’ questions. A reception for registrants and faculty, following the conclusion of Thursday’s presentations, provides additional networking opportunities. Registrants at the live program also have the opportunity to take part in small, focused, and interactive discussions at informal roundtables available during the last half-hour of the lunch breaks.
Planning Chairs
(also on faculty)
Donald P. DiCarlo, Jr., Managing Director, Wealth Planning, Wilmington Trust Co., Villanova, Pennsylvania
Steven M. Fast, Day Pitney LLP, West Hartford, Connecticut
Robert Whitman, Professor of Law, University of Connecticut School of Law, Hartford
Faculty
Douglas R. Brown, Brody Wilkinson PC, Southport, Connecticut
Dominic J. Campisi, Evans, Latham and Campisi, P.C.,
Patricia H. Char, Kirkpatrick & Lockhart Preston Gates Ellis LLP, Seattle
Christopher P. Cline, Wealth Management Director, Wells Fargo Bank, N.A., Portland, Oregon
Patrick J. Collins, Schultz Collins Lawson Chambers, Inc., San Francisco
Marc S. Edrich, Litchfield Cavo LLP, Avon, Connecticut
David M. English, William Franklin Fratcher Professor of Law,
John A. Hartog, California Trust & Estate Counsellors LLP, Orinda, California
Nancy G. Henderson, Henderson & Caverly LLP, Rancho Santa Fe, California
Derek G. Howard, Murray & Howard, LLP, Oakland, California
Julie K. Kwon, Philanthropic Advisor, Stanford University, Stanford, California
Stephanie Loomis-Price, Baker Botts L.L.P.,
Steven G. Margolin, Steven G. Margolin, P.C., Butte Valley, California
James C. Martin, Reed Smith LLP, Pittsburgh
John W. Porter, Baker Botts L.L.P.,
Charles P. Rettig, Hochman, Salkin, Rettig, Toscher & Perez, P.C., Beverly Hills, California
James Sicilian, Day Pitney LLP, Hartford, Connecticut
Tim Voorhees, Family Office Services, Inc., Irvine, California
Glen A. Yale, Stumpf Farrimond, San Antonio
ALI-ABA Staff Attorney: Amy S. Weinberg, Assistant Director, Office of Courses of Study
Note: The discussions include at least one full hour on ethics and professional responsibility issues, accepted as such by most, but not all, MCLE jurisdictions.
Program Schedule
Thursday, July 17, 2008
7:45 a.m. Registration and Continental Breakfast
WEBCAST SEGMENT A
8:45 a.m. Issues in the Courts: The Litigation Landscape – Mr. Campisi
10:15 a.m. Comments and Questions
10:30 a.m. Networking Break
10:45 a.m. UTC Caselaw: What It Means for What We Do - Professor English
11:30 a.m. Planning and Administering for the Dysfunctional Family – Mr. Yale
12:15 p.m. Lunch Break and Informal Roundtable (see below) [1]
WEBCAST SEGMENT B
1:45 p.m. Settlement Surprise: IRS as Beneficiary – Ms. Kwon
2:30 p.m. IRS Enforcement Priorities: Staying Out of the Line of Fire! – Mr. Rettig
3:00 p.m. Renegotiating the Irrevocable Trust: Amending, Decanting, and Judicially Modifying – Mr. Burford and Ms. Char
3:30 p.m. Networking Break
3:45 p.m. Lawsuits: From Both Sides Now – Mr. Martin and Mr. Howard
4:00 p.m. Ethics and Malpractice Issues When Representing Fiduciaries – Mr. Hartog
5:15 p.m. Receipts and Releases: The Old World and the New – Professor Whitman
5:45 p.m. Managing Disputes with the Media in Mind – Mr. Brown
6:00 p.m. Comments and Questions
6:15 p.m. Adjournment for the Day; Networking Reception for Registrants and Faculty
Friday, July 18, 2008
8:15 a.m. Continental Breakfast
WEBCAST SEGMENT C
8:45 a.m. Issues in the Courts: The Litigation Landscape (continued) – Mr. Campisi
10:15 a.m. Comments and Questions
10:30 a.m. Networking Break
10:45 a.m. The State of the Attorney-Fiduciary Privilege: What Is Protected? – Mr. Sicilian
11:30 a.m. The Prudent Investor in Hindsight – Mr. Cline
12:15 p.m. Lunch Break and Informal Roundtable (see below) [2]
WEBCAST SEGMENT D
1:45 p.m. Fiduciary Management of the FLP/LLC in Anticipation of Tax Controversies - Ms. Loomis-Price and Mr. Porter
2:45 p.m. Managing Carrot and Stick Trust Provisions – Ms. Henderson
3:30 p.m. Networking Break
3:45 p.m. Investment Managers: What It Takes for Prudent Selection, Delegation, and Monitoring – Mr. Collins
4:30 p.m. Communicating Complex Planning – Mr. Voorhees
5:15 p.m. Comments and Questions
5:30 p.m. Adjournment
[1] Informal Roundtable (1:00-1:30), Uninformed Consent: “Notice, you have 120 days to object to anything that is in this seemingly routine monthly statement or you and yours are forever barred from suing us.” Is it ethical, and will it work? – Messrs. Edrich, Fast, and Margolin (Not webcast or recorded)
[2] Informal Roundtable (1:00-1:30), Defining “Prudent”: If the probability of preserving principal for remaindermen in the median case of a Monte Carlo analysis is no more than a 50-50 coin toss, is a 75% probability now enough to be prudent? Messrs. Collins, DiCarlo, and Fast (Not webcast or recorded)
Total 60-minute hours of instruction: 14.25, including one hour of ethics
Suggested Prerequisite: Limited experience in legal practice in subject matter or completion of Basic CLE Course in subject matter
Educational Objective: Acquisition of knowledge and skills to develop proficiency as a practitioner; maintenance of professional competence as a practitioner; provision of information on recent legal developments
Level of Instruction: Advanced
Here's what registrants have said about this course:
"Great program - a huge help to me as I consider how to interview donors and draft trusts that keep the peace and fulfill their intent." - Sarah G. Tischler, Langrock Sperry & Wool, LLP, Burlington, VT
"I have been to +/- 30 ALI-ABA courses and have never been disappointed." - Jodee P. Bishop, Hilton & Bishop PC, Falmouth, MA
"Great program....The handouts to this seminar will be invaluable to me and others in my office!"
"All the speakers were excellent."
"Very good, very interesting program. Excellent choice of topics. Knowledgeable faculty. Thank you for all your time, and for sharing your expertise."
