The Increasing Interplay Between Trust Law and Family Law

Learn how recent case law has influenced what consideration the court will give trusts, whether created by a party or family member to a divorce, when dividing a marital estate.  The panelists will discuss to what extent this has affected trust law.  In particular, the panel will assimilate the effects of the recent D.L v G.L. case and explore its impact on future cases.

At the end of this program, estate planning attorneys will have a greater understanding of how their drafting will be interpreted by the courts and how best to ensure their clients’ objectives are honored.  In addition, family law attorneys will know how best to pursue trust assets and conversely how best to address the inclusion of trust assets in the marital estate.

Specific topics will include:

1. The evolution of case law to date
2. Discovery methods to ascertain information on trusts which may be included in the marital estate.
3. Ways to limit discovery of information not relevant to the divorce proceedings.
4. Drafting issues which pertain to an estate plan for a divorcing client or the parent of a party to a divorce proceeding.
5. Characterization of trust interests.

Mary H. Schmidt, Esq.
Program Co-Chair
Packenham, Schmidt & Federico, P.C.

Mark J. Warner, Esq.
Program Co-Chair
Witmer, Karp & Warner LLP

Kenneth P. Brier, Esq.
Brier & Associates

Steven J. Ryan, Esq.
Esdaile, Barrett, & Esdaile

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