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CLE - Trust Situs: Where Should You Go and When Should You Move?

Wednesday, October 30, 2013 3:00 PM to 6:00 PM
Boston Bar Association - 16 Beacon Street, Boston, MA

 

Description:

This program has already taken place, but you can still catch up on what you missed!

Visit the CLE Bookstore to purchase a CLE Materials Set, which includes online access to the recorded course presentation and a copy of the course book.

If you need CLE Credit, please click here.

It is important for attorneys to understand the many ways that state laws vary with regard to trust administration and state income taxation of trusts.

With regard to trusts being drafted today, the selection of trust situs will have a substantial impact on trust administration given that state laws vary considerably. For clients with significant wealth, the topic of trust situs must be reviewed and discussed to account for state law-related contingencies.

Post-drafting considerations will also be addressed. Many states permit a trustee to transfer an existing trust’s principal place of administration. Join us to learn when transfer should be considered, the mechanics of how this is done and what one can expect to be accomplished. We will also examine whether a trustee is under a duty to transfer the trust’s principal place of administration if there are benefits to making a transfer.

This program will focus primarily on the trust laws of Massachusetts, Delaware and New Hampshire with regard to trust situs.

Topics:

I. Examination of State Law Relative to:
    a. Rule Against Perpetuities
    b. Limitation of information to be provided to beneficiaries,
    c. Protection for self-settled irrevocable trusts
    d. Decanting of an existing trust to a new trust,
    e. Protection for trustees of directed trusts
    f. Income tax

II. Examining issues related to transfer of situs:
    a. When should a trustee of an existing trust consider transferring situs?        
    b. How is the transfer of situs best accomplished?
    c. Duties of a Trustee relative to transfer.



Panelists
Jocelyn M. Borowsky, Esq.
Duane Morris

Dennis R. Delaney, Esq.
Hemenway & Barnes

Joseph L. Bierwirth, Esq.
Hemenway and Barnes

Eric P. Hayes
Goodwin Procter LLP

Program Chair
Eric P. Hayes
Goodwin Procter LLP

Registration Categories:
BBA Member - $130.00
Non-Member - $170.00
BBA Member - Legal Services/ Government Lawyer - $70.00
Law Student - $30.00

If the cost of this seminar would preclude you from attending, please contact us about tuition discounts.

 

Sponsoring Section/Committee(s):

 


Register for WEBCAST
*BBA members receive a discount. Watch live or on-demand webcasts via West LegaledCenter.

 

Contact:

Jacqueline Querubin
jquerubin@bostonbar.org

 

BBA Event Calendar