Last Month at the BBA – Trust & Estate Section events in January and February 2021

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By: Jennifer D. Taddeo, Conn Kavanaugh and Rebecca Tunney, Goulston & Storrs, Communications Committee, Trusts and Estates Section

Missed it?   You can still benefit from prior Trust & Estates Section programming at the BBA: 

Modifying Irrevocable Trusts: Decanting, Non-Judicial Settlement Agreements and other Trust Amendment Alternatives   Wednesday, January 6, 2021  This program will provide an introduction to various methods for modifying an irrevocable trust, including how and when to consider: (1) Modifications under the Massachusetts Uniform Trust Code, (2) reformations, (3) non-judicial settlement agreements, and (4) decanting.

Breach of Fiduciary Duty Litigation: Superior Court versus Probate & Family Court   Wednesday, January 13, 2021  A panel of probate litigators will share insights for bringing fiduciary duty claims and defending those claims, whether brought in Superior Court or the Probate & Family Court. The panelists will also explore litigation tactics applicable to each court as well as alternate dispute resolution and settlement opportunities.

Ethical Dilemmas and Considerations in Representing Impaired Clients   Wednesday, January 13, 2021   According to a leading mental health organization, 1 in 5 adults in the United States suffers from some form of mental health condition or disorder. It is likely that at some point in your legal career, you will represent an individual client, or a representative of a corporate client, who suffers from some degree of mental incapacity. Knowing how to assess capacity and deciding how to proceed if you have doubts about your client’s mental health is easier said than done. This first part in a 3-part series of programs will focus on an attorney’s legal and ethical duties when facing the prospect of representing a mentally impaired client.

Trusts & Estates Mid-Year Review    Tuesday, January 19, 2021   An annual event not to be missed, the Trusts & Estates Mid-Year Review covers recent federal and state case law, legislation and tax law matters. This year’s program will touch on:

  • New Developments Committee:  The committee will review recent estate planning and administration cases.
  • Public Policy Committee:  The presentation will include an overview of recent and pending legislation.
  • Tax Law Updates Committee:  The committee will report on important updates regarding the Internal Revenue Code, federal tax law, recent cases, private letter rulings, charitable planning updates, retirement cases and other interesting developments.

Charitable Giving Basics for Estate Planners Wednesday, February 3, 2021  This program will provide an introduction to charitable planning. We will discuss the reasons for charitable giving, the types of property that can be used to make a charitable gift, and the techniques that can be used to achieve clients’ charitable goals.

Special Drafting Considerations for Elderly Clients Thursday, February 11, 2021  Attorneys Patricia Keane Martin and Kristin Dzialo will discuss special drafting considerations for practitioners to be mindful of when advising elderly clients.  Specifically, they will discuss language concerning end of life decision-making and care, and the importance of counseling clients on the implications of including or excluding certain powers from their documents with an eye towards protecting the client and achieving his or her planning goals. The discussion will be beneficial both for practitioners new to estate planning and for seasoned estate planners.