Posts Categorized: Massachusetts Law

New Developments Committee of T&E Section Seeking Members

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By: Aimee Bryant, Fiduciary Trust Company and Bryce Helfer, Nixon Peabody LLP.

The New Developments Committee of the Trusts and Estates Section is seeking new members! If you are interested in getting more involved with the BBA or pursuing writing or speaking opportunities, please reach out to the committee chairs, Maggie Lopez of ArentFox Schiff at maggie.lopez@afslaw.com, and Keirsa Johnson, of Hemenway & Barnes, at kjohnson@hembar.com.

Upcoming Trusts & Estates Events at the BBA – November 2022

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By: Bryce Helfer, Nixon Peabody and Aimee F. Bryant, Fiduciary Trust Company, Communications Committee, Trusts and Estates Section

Upcoming Trusts & Estates Section Programs at the BBA this month: 

 

BBA Webinar: Fiscal Sponsorship: A Dynamic Tool for a Rapidly Evolving Nonprofit

November 10, 2022 2:00 pm – 3:30 pm | Zoom

The nonprofit sector is impactful especially in Massachusetts, yet extremely fragmented and fragile.  Small organizations lack the resources to maintain their own back offices to manage risk, ensure compliance, report to funders and the government and, most importantly, support the people delivering on programs and mission. By developing and sharing nonprofit infrastructure and assuming fiduciary responsibility, fiscal sponsorship can address these problems. This 90-minute program will cover the legal fundamentals of the different models of fiscal sponsorship, industry trends, dos and don’ts, and offer pointers when advising clients considering these types of relationships.  Josh Sattely, Co-founder and Chief Legal Steward of Social Impact Commons, will lead the presentation and conversation.  Social Impact Commons works with nonprofits, funders, and service providers nationwide to help build healthier fiscal sponsorship practices.  Josh was previously Legal Counsel at Third Sector New England.

 

Upcoming Trusts & Estates Events at the BBA – May 2022

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By: Bryce Helfer, Nixon Peabody and Rebecca Tunney, Goulston & Storrs, Communications Committee, Trusts and Estates Section

Upcoming Trusts & Estates Section Programs at the BBA this month: 

Planning With Nongrantor Trusts. Monday, May 16, 2022, 12:00 PM to 2:00 PM. Industry expert and ACTEC Fellow Jere Doyle will walk attendees through the basics of nongrantor trusts, which are anything but basic.  Discussion will cover federal and state income tax considerations, planning for qualified small business stock, special deductions available to trusts, charitable deductions, capital gains and DNI, bequests, expenses and other rules unique to nongrantor trusts.

 

Upcoming Trusts & Estates Events at the BBA – March 2022

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By: Bryce Helfer, Nixon Peabody and Rebecca Tunney, Goulston & Storrs, Communications Committee, Trusts and Estates Section

Upcoming Trusts & Estates Section Programs at the BBA this month: 

BBA Webinar: Turning 18 – Guardianship, Benefits and Housing for Young Adults with Special Needs. Tuesday, March 15, 2022, 12:00 PM to 1:00 PM.  For children with special needs, turning 18 is a major turning point. Now that the child is no longer a child, the parent or other caregiver will need to address changes in available benefits, needs, as well as their ability to make medical and financial decisions on behalf of the disabled person who is now a legal adult.  Join our panelists as they discuss three of the major planning points: government benefits, housing and guardianship. Attendees will also receive a “Turning 18” checklist specifically drafted for special needs families.

BBA Webinar: The Delaware Advantage for Personal Trusts.  Monday, March 28, 2022, 10:00 AM to 11:00 AM. Delaware is generally renowned for its trust and tax law advantages and its innovative estate planning vehicles. Further, it is regarded as one of the best places for trust administration. Even if your clients do not live in Delaware, there are reasons to consider establishing a trust in Delaware or moving an existing trust to Delaware. Delaware has over 100 years of established trust law and Wilmington Trust is one of the firms that has helped to develop these laws. Jeff Wolken, Wilmington Trust’s national expert in Delaware trust planning, along with Kerry Reeves, will go over everything you ever wanted to know about Delaware trusts.

 

Upcoming Trusts & Estates Events at the BBA – February 2022

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By: Bryce Helfer, Nixon Peabody and Rebecca Tunney, Goulston & Storrs, Communications Committee, Trusts and Estates Section

Upcoming Trusts & Estates Section Programs at the BBA this month: 

BBA Webinar: “Fixing” Irrevocable Trusts: Decanting, Non-Judicial Settlement Agreements, and Other Tools.  Thursday, February 10, 2022 12:00 PM to 1:00 PM.  This program will provide an introduction to various methods for changing the course of an existing Massachusetts irrevocable trust, including how and when to consider: (1) modification, (2) reformation, (3) decanting, and (4) a non-judicial settlement agreement.

BBA Webinar: The Messy Intersection of Divorce and Trust Law – Everything but Pfannenstiehl.  Tuesday, February 15, 2022 12:00 PM to 1:00 PM.  Panelists will discuss various estate and trust related issues that might arise during divorce proceedings, including conflicts between the terms of marital/divorce agreements and estate planning documents as well as the rights of non-parties in divorce proceedings when trust interests are implicated.

 

Last Month at the BBA – Trusts & Estates Section Events in January 2022

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By: Rebecca Tunney, Goulston & Storrs and Bryce Helfer, Nixon Peabody, Communications Committee, Trusts and Estates Section

Trusts & Estates Section Programs at the BBA last month: 

BBA Webinar: Introduction to Irrevocable Trusts. This program provided an introduction to the use of irrevocable trusts in estate planning, including income and estate tax implications, drafting considerations, and avoiding potential pitfalls.

BBA Webinar: Trusts & Estates Mid-Year Review.  An annual event not to be missed, the Trusts & Estates Mid-Year Review covered recent federal and state case law, legislation and tax law matters.

 

Upcoming Trusts & Estates Events at the BBA – January 2022

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By: Bryce Helfer, Nixon Peabody and Rebecca Tunney, Goulston & Storrs, Communications Committee, Trusts and Estates Section

Upcoming Trusts & Estates Section Programs at the BBA this month: 

BBA Webinar: Introduction to Irrevocable Trusts. Thursday, January 6, 2022 10:00 AM to 11:00 AM.  This program will provide an introduction to the use of irrevocable trusts in estate planning, including income and estate tax implications, drafting considerations, and avoiding potential pitfalls.

BBA Webinar: Trusts & Estates Mid-Year Review. Monday, January 24, 2022 10:00 AM to 11:30 AM.  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.

 

Last Month at the BBA – Trusts & Estates Section Events in November 2021

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By: Rebecca Tunney, Goulston & Storrs and Bryce Helfer, Nixon Peabody, Communications Committee, Trusts and Estates Section

Trusts & Estates Section Programs at the BBA last month: 

Estate, Gift and GST Tax Basics for the New Estate Planner. This program will provide an introduction to the estate, gift, and generation-skipping transfer taxes. Our speakers will describe the key components of each tax, explain how the taxes relate to one another, and provide context for how each tax is relevant for purposes of preparing an estate plan. This program is particularly relevant for new estate planners.

Serving as a Conservator: The Impact of Hornibrook v. Richard for Fiduciaries.   Hear from the attorneys who argued the case in front of the SJC, Kristyn M. Kelley and Ethan C. Stiles, on the details of the recent Supreme Court Decision, Kevin Hornibrook v. Cherilyn Richard and its implications for future Conservators.  Our speakers will provide an overview of the facts of the case, their respective positions as argued to the SJC and provide insight on their perspectives on the outcome of the case.

 

Last Month at the BBA – Trusts & Estates Section Events in October 2021

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By: Rebecca Tunney, Goulston & Storrs and Bryce Helfer, Nixon Peabody, Communications Committee, Trusts and Estates Section

Trusts & Estates Section Programs at the BBA last month: 

Probate Accountings Issues from a Litigation Lens Hear from professionals who serve as Trustees, Personal Representatives and Conservators on issues related to challenging and defending accountings, with a unique perspective from a litigator’s viewpoint.

Basic Estate Planning Documents: Will, Power of Attorney, Health Care Proxy, Living Will and MOLST Watch a review of the key components of wills, health care proxies, durable powers of attorney, living wills and related documents.  This program provides an introduction to these basic estate planning documents, including drafting suggestions and advice for avoiding pitfalls.

 

Upcoming Trusts & Estates Events at the BBA – October 2021

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By: Bryce Helfer, Nixon Peabody and Rebecca Tunney, Goulston & Storrs, Communications Committee, Trusts and Estates Section

Upcoming Trusts & Estates Section Programs at the BBA this month: 

BBA Webinar: Probate Accountings Issues from a Litigation Lens. Tuesday, October 19, 2021, 2:00PM – 3:00PM.  Hear from professionals who serve as Trustees, Personal Representatives and Conservators on issues related to challenging and defending accountings, with a unique perspective from a litigator’s viewpoint..

Hear from professionals who serve as Trustees, Personal Representatives and Conservators on issues related to challenging and defending accountings, with a unique perspective from a litigator’s viewpoint.  Thursday October 7, 2021, 10:00AM-11:00AM. Join us for a review of the key components of wills, health care proxies, durable powers of attorney, living wills and related documents.  This program will provide an introduction to these basic estate planning documents, including drafting suggestions and advice for avoiding pitfalls.