Join us for an update on the key issues, new developments, court trends, and practice tips you need to know about for the upcoming year! Featured Address: Law and Economics of ESG Investing by a Trustee, by Robert H. Sitkoff of Harvard Law School.
Trust Administration and Investment Management: The investment management landscape for trustees is complex and always changing. This panel highlights recent trends for new structures in the bifurcation of roles regarding directed trusteeship and trustee delegation of investment management. The faculty discuss investment assets that present unique administrative issues requiring trustee discretion and judgment—such as when loans to beneficiaries are appropriate and under what terms, the management of trust-owned real estate and expense allocation, and other complexities with respect to the management of trust assets.
Estate Planning Considerations for End of Life: Hear practical insight on estate planning considerations for clients who have a terminal illness or are otherwise close to the end of their life. The panelists address transfer tax and income tax considerations of so-called death-bed gifts, as well as considerations for how to structure an estate plan for tax and probate purposes in these circumstances. The discussion is relevant both for clients with significant assets where a federal estate tax is likely to be due, as well as for clients with more modest assets.
What’s Up in the World of Fiduciary Litigation: Fiduciary litigation, which traditionally has been based on local law and statutes, has become national in scope with the adoption of a plethora of uniform acts. Massachusetts has not yet developed a body of case law on its Uniform Trust and Probate Codes, but other jurisdictions have. In reviewing cases from around the country, we explore topics such as a trustee’s duty to inform and report, fiduciary duties owed to trust settlors and beneficiaries, the validity of wills and the latest on in terrorem and spendthrift clauses. In addition, the panelists discuss recent Massachusetts cases on the treatment of trusts by MassHealth and in divorce situations. Hear tips for litigators as well as important cautions!