Product Description

Fiduciary litigation requires a team to completely understand the numerous components to effectively manage matters for their clients. Litigators must be proficient in Massachusetts trusts and statutory rules about accounting, know what to review when examining fiduciary accounting, be familiar with investment approaches and strategy, and succeed when bringing and/or defending actions for accounting.

This panel combines the knowledge of skilled litigators as well as wealth management and estate accounting professionals to provide unparalleled techniques, tips, and best approaches for avoiding fiduciary account nightmares when representing your clients.

Agenda & Materials

• 2:00 - 2:05 pm

  Welcome and Introduction

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  Lisa M. Cukier, Esq., Rubin and Rudman LLP , Boston
  
• 2:05 - 3:00 pm

  Tips to Look Out for When Reviewing a Fiduciary Accounting:

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  • Understanding the Purpose of Why an Accounting is Needed
  • Has the Source Data Been Accurately Reflected? If Missing Data, Should you Consider Reconstruction?
  • Transactions are Accurately Documents on Appropriate Schedules
  • Assets and Cash Have Been Reconciled
  • All Interest, Dividends and Other Income has Been Received and Properly Reported
  • Capital Changes Have Been Identified, Carefully Reviewed and Properly Reported
  • Beneficiary Distributions are Correct per the Governing Instrument. Identify if you Need to Equalize Distributions.
  • Transactions Requiring More Detail have been Identified and Analyzed.
  • The Account Balances

  Francine R.S. Lee, Ernst & Young LLP , New York
  Gina Krueger, Ernst & Young LLP Fiduciary/Trust & Estate Accounting Services , Boston
  
• 3:00 - 4:00 pm

  Actions for Accounting

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  • Actions for Accounting
  • Defending Accounts
  • Compelling a Fiduciary to Account
  • Objecting to Accountings
  • Fiduciary Litigation for Allegations of Self-Dealing, Misappropriation, Malfesance, Nonfeasance, Breach of Discretion, Exceeding Authority, Lateness of Accounting, Excessive Attorney Fees or Fiduciary Fees, Favoring Certain Beneficiaries Over Others.

  Lisa M. Cukier, Esq., Rubin and Rudman LLP , Boston
  
• 4:00 - 4:10 pm

  "Ask the Experts" Q&A Session

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• 4:10 - 5:00 pm

  Investment Approaches for Competing Interest Trusts

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  • Techniques for Stabilizing Distributions to Current Beneficiaries
  • Protecting Principal for Remainder Beneficiaries

  Jillian C. McGrath, Bernstein Global Wealth Management , Boston
  

Chair

Faculty