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| PROGRAM ALERT |
| Family Trusts in a Divorce |
| Consideration of trust interests in determining support and property division |
To what extent is a trust vulnerable to or immune from attack in divorce? Trusts present unique challenges when dividing marital assets in a divorce and may also be a factor in determining support. Some trusts are considered marital property subject to division, while others are protected from division but may still impact the court’s overall financial analysis. The case law on this topic is continuously evolving and the past few years have seen a cascade of decisions from appellate courts. Trusts are so commonplace and yet often quite sophisticated and nuanced. When handling a divorce, it is critical to read the trust, understand its terms, and understand the law as it pertains to the ability to attack a trust and how to defend against such an attack. Our panel of family law and trust litigation experts discuss best practices when representing divorcing parties who have an interest in or seek to claim an interest in a spouse’s trust. The panel reviews trust terms, landmark decisions, and strategies on both sides of trust-related claims in divorce. |
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| Faculty |
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TIFFANY M. BENTLEY is a partner in the Private Client Department of Day Pitney LLP’s Boston office, where her practice includes probate and trust litigation, trusts and estates, and divorce and family law. She was selected to Boston Magazine’s Top Lawyers List in the area of Family Law in 2022, and she also has been recognized as a Massachusetts “Super Lawyer” in the areas of Estate and Trust Litigation, Family Law, and Estate Planning and Probate, in 2022-2023; prior to that, she was recognized as a “Rising Star” from 2011-2018. Ms. Bentley is certified as a Guardian ad Litem in the Probate and Family Court and devotes a substantial amount of pro bono time in the Attorneys Representing Children program. | |
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LISA M. CUKIER is a partner, chair of the fiduciary litigation group, and executive committee member at Burns & Levinson LLP in Boston. Her practice includes estate and trust litigation, fiduciary litigation, probate law, guardianship and conservatorship, planning and litigation for blended families, elder financial exploitation and undue influence disputes, prenuptial planning, parentage and adoption, and divorce and child custody. Previously, Ms. Cukier was assistant general counsel for the Massachusetts Departments of Mental Health and Mental Retardation. While at the Department of Mental Retardation (now the Department of Developmental Services), she prosecuted disabled person abuse cases as special assistant attorney general for the Disabled Persons Protection Commission. | |
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HON. RANDY KAPLAN is a retired Associate Justice of the Probate and Family Court where she served from 2001 until 2019. As an associate justice she sat primarily in Essex, Suffolk, Middlesex and Nantucket Counties during her tenure. Since leaving the bench she has been of counsel at Ligris & Associates, with offices in Boston, Wellesley, and Newton. She provides Alternate Dispute Resolution Services, including mediation, arbitration, conciliation, and case evaluations, to those persons who seeks a private and expeditious resolution to their family and probate disputes. Judge Kaplan also provides private educational programs for law firms to assist in writing and litigation skills. | |
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HON. GEORGE PHELAN served as a trial judge in the Massachusetts Probate and Family Court from 2010 to 2020 and continues to serve as a recall judge. He graduated as an evening student from New England School of Law where he was selected Senior Editor of the Law Review. He also holds an LLM (tax) from Boston University Law School. In his thirty years legal career, he served as a military prosecutor, defense counsel, special assistant U.S. attorney, and solo practitioner assisting elder clients. He served six years on the Board of Bar Overseers Disciplinary Hearing Committee. He is adjunct faculty at University of Massachusetts Law School, teaching probate, trusts, estate tax. | |
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Financial Aspects of Divorce in Massachusetts ebook, plus speaker materials |
| Dates Earn up to 2 CLE credits. |
 LIVE WEBCAST » Monday, May 20, 2024 3:00 pm–5:00 pm |
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RECORDED WEBCAST » Wednesday, June 12, 2024 2:00 pm–4:00 pm |
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