TRUSTS & ESTATES LAW SECTION SPRING MEETING
TRUSTS: WHO AND WHAT SHOULD YOU TRUST?
MAY 16 - 19, 2019
RITZ-CARLTON BEACH RESORT
280 VANDERBILT BEACH ROAD
NAPLES, FLORIDA
Download/Print Commuter Registration Form for Florida Residents
UP TO 9.0 NEW YORK MCLE CREDITS: Regular Programming offers 8.0 transitional credits - 2.5 in Skills, 4.5 in Areas of Professional Practice and 1.0 in Ethics for all attorneys, both experienced and newly admitted. Attendance at the optional Breakfast with the Surrogates’ Panel offers an additional 1.0 in Skills for all attorneys.
MEETING AGENDA
TRUSTS: WHO AND WHAT SHOULD YOU TRUST?
THURSDAY, MAY 16
11:00 a.m. – 6:00 p.m.
Registration – Ballroom Foyer
12:00 – 2:00 p.m.
Executive Officers’ Meeting – Coquina Sands
2:00 – 5:00 p.m.
Executive Committee Meeting – Estuary
6:00 – 7:30 p.m.
Welcome Cocktail Reception – North Beach
Join us at the Water’s Edge surrounded by the beautiful white sand.
Specialty Cocktail Silver Sponsor: BELLER SMITH
Reception Sponsor: FIRST REPUBLIC
7:30 p.m.
Dinner on Your Own
FRIDAY, MAY 17
7:45 a.m. – 12:45 p.m.
Registration –Ballroom Foyer
8:00 – 8:50 a.m.
Committee Breakfast Meetings – Port Royal
8:00 – 9:00 a.m.
Continental Breakfast and Exhibitors – Ballroom Foyer
Open to all registered attendees including spouses and guests. Grab a bite and visit with our exhibitors. Coffee will be available throughout the morning.
8:55 a.m. – 12:45 p.m.
MCLE GENERAL SESSION – Ritz-Carlton Ballroom
Audio Visual Silver Sponsor: CITI PRIVATE BANK
8:55 – 9:10 a.m.
NYSBA Welcome
Michael Miller, Esq.
President
Trusts & Estates Section Welcome
Robert M. Harper, Esq.
Section Chair
Program Introductions
Angelo M. Grasso, Esq.
Program Co-Chair
Sponsor Acknowledgments
Darcy M. Katris, Esq.
Sponsorship Co-Chair
9:10 – 10:00 a.m.
Doing Well by Doing Good: Fiduciary Investing with Purpose
Can fiduciaries earn high returns on investment, while also achieving positive social results? We will examine the legal rules applicable to fiduciaries making investment decisions and the advent of socially responsible investments.
Panelists:
Natalia Murphy, Esq.
Head of Trust and Wealth Planning for North America
Citi Private Bank
New York City
Raymond Joseph
Global Head of Portfolio Solutions, Citi Investment Management
Citi Private Bank
New York City
10:00 – 10:50 a.m.
Minimizing Trustee Risk
Athough trustees are not guarantors of trust
performance, trustees’ actions can expose them to litigation and, ultimately,
liability. This presentation will
concern strategies that trustees can employ in order to minimize the risk that
they have to surcharges for their administration of trusts, including but not
limited to the tension that exists between trust beneficiaries, the tools that
are available to trustees in catering to those interests, and drafting
strategies that provide protection to trustees.
This presentation will prove to be invaluable to attorneys who advise
trustees with respect to the administration of trusts and counsel who defend
trustees in litigation concerning such administration.
Speaker:
Elisa Shevlin Rizzo, Esq.
Northern Trust
New York City
10:50 – 11:05 a.m.
Refreshment Break with Exhibitors – Ballroom Foyer
11:05 – 11:55 a.m.
Using Trusts to Resolve Litigation
Disputes involving trusts present unique challenges, including sensitive family dynamics, high financial stakes, and complex procedural, legal, and tax issues. Trust law has evolved to offer various options for resolving disputes and preserving the purpose of the trust and the grantor’s intent. Aside from strictly legal considerations, however, it is important for attorneys to draft flexible trust instruments, trustees to stay current with the needs of beneficiaries, and to act promptly when altered circumstances necessitate a modification to the trust. Topics to be explored include decanting, trust situs, trust protectors, and both drafting and procedural considerations.
Speaker:
Hon. Acea M. Mosey
Erie County Surrogate’s Court
Buffalo
11:55 a.m. – 12:45 p.m.
Florida Trust Considerations for the New York Practitioner
With no state income or estate tax, and with warmer temperatures during the cold winter months, Florida has always been an attractive destination for New Yorkers, and it is common for a New York practitioner to encounter an existing Florida trust or a client who wants to establish one. This presentation will flag some of the unique features of Florida trust law that differ from New York trust law, from annual accounting requirements to the impact of homestead laws on trusts. The presentation will also include drafting tips and suggest methods for anticipating and tackling hot button issues.
Panelists:
Amy B. Beller, Esq.
Beller Smith
Boca Raton, FL
Michael S. Schwartz, Esq.
Curtis, Mallet-Prevost, Colt & Mosle LLP
New York City
12:45 p.m.
AFTERNOON AT YOUR LEISURE
2:00 – 4:00 p.m.
DOUBLES TENNIS TOURNAMENT – TENNIS CENTER
Tennis Chair: Julie Min Chayet, Esq., U.S. Trust, Bank of America Private Wealth Management, Weston, CT
Har-Tru® clay courts; court shoes required. Preregistration required. Must be 18 or older. $60.00 per person.
6:00 – 9:00 p.m.
RECEPTION AND DINNER – CENTER COURT
Enjoy sweeping views of the Gulf of Mexico from this stunning location.
Music by David Bach Quartet. Children’s Dinner in Plaza III
Reception Silver Sponsor: NORTHERN TRUST
Dinner Silver Sponsor: GRASSI & COMPANY
Entertainment Silver Sponsor: RDM FINANCIAL GROUP AT HIGHTOWER
Dinner Wine Sponsors: RDM FINANCIAL GROUP AT HIGHTOWER and TRISTAR COURT REPORTING
SATURDAY, MAY 18
7:30 a.m. – 12:45 p.m.
Registration – Ballroom Foyer
8:00 – 9:00 a.m.
Continental Breakfast and Exhibitors – Ballroom Foyer
Open to all registered attendees including spouses and guests. Grab a bite and visit with our exhibitors. Coffee will be available throughout the morning.
8:00 – 8:50 a.m.
Optional Session: Breakfast with the Surrogates – Port Royal
Successful Strategies for Securing the Removal of a Trustee
Inherent tension exists between trust beneficiaries and the trustees who manage the assets in which the beneficiaries are interested, and, in some cases, the extent to which the beneficiaries have access to those assets. Our esteemed panel of current and former Surrogate’s Court judges will address how best to successfully seek removal of trustees, and how to defend trustees in removal proceedings. Given the wonderful Surrogates who will be participating, this presentation promises to be an informative, entertaining discussion of successful strategies that can be employed in removal proceedings.
Panelists:
Hon. John M. Czygier, Jr.
Former Surrogate
Suffolk County Surrogate’s Court
Riverhead
Hon. Peter J. Kelly
Queens County Surrogate’s Court
Jamaica
Hon. Stacy L. Pettit
Albany County Surrogate’s Court
Albany
Hon. Margaret C. Reilly
Nassau County Surrogate’s Court
Mineola
9:00 a.m. – 12:45 p.m.
MCLE GENERAL SESSION – Ritz-Carlton Ballroom
Audio Visual Silver Sponsor: CITI PRIVATE BANK
9:00 – 9:10 a.m.
Program Introductions
Brian P. Corrigan, Esq.
Program Co-Chair '
Sponsor Acknowledgements
Darcy M. Katris, Esq.
Sponsorship Co-Chair
9:10 – 10:00 a.m.
Constitutional Considerations in the State Taxation of Trusts
This presentation will cover the constitutional considerations and practical implications of trust situs, with a focus on determining the tax situs of non-grantor trusts. These issues will be discussed both broadly and specifically as they relate to planning in New York, and will include case study examples relevant for the New York practitioner when trust planning under the relevant New York statutes.
Speaker:
Toni Ann Kruse, Esq.
McDermott Will & Emery
New York City
10:00 – 10:25 a.m.
Trusts Go To Washington: North Carolina Dept. of Revenue v. Kaestner Family Trust
In January 2019, the Supreme Court of the United States granted North Carolina’s petition for certiorari on the question of whether the Due Process Clause prohibits states from taxing trusts based on trust beneficiaries’ in-state residency. This presentation will discuss the arguments made by all interested parties, the oral argument at the Supreme Court, and the potential consequences of the Supreme Court’s decision.
Speaker:
Angelo M. Grasso, Esq.
Greenfield Stein & Senior, LLP
New York City
10:25 – 10:40 a.m.
Refreshment Break with Exhibitors – Ballroom Foyer
10:40 – 11:55 a.m.
The Anatomy of a Trust Contest
The panel of speakers will discuss the key differences between a trust contest and a will contest, including the governing law and what grounds may exist to bring a trust contest. Topics to be explored include subject-matter jurisdiction, pre-trial discovery, motion practice, evidentiary considerations, and the trial of a trust contest.
Panelists:
Hon. Vincent W. Versaci
Schenectady County Surrogate’s Court
Schenectady
Gary B. Freidman, Esq.
Greenfield Stein & Senior, LLP
New York City
Frank T. Santoro, Esq.
Farrell Fritz, P.C.
Uniondale
11:55 a.m. – 12:45 p.m.
Avoiding Conflicts Among Trust Clients (Ethics Credit)
This presentation will discuss the various types of proceedings in which conflicts of interest most often arise in the Surrogate’s Courts, including trust-related litigation, and will review the relevant New York Rules of Professional Conduct governing conflicts involving current clients (i.e., representation of multiple parties), former clients, and potential clients.
Panelists:
Hon. Theresa B. Whelan
Suffolk County Surrogate’s Court
Riverhead
Eric W. Penzer, Esq.
Farrell Fritz, P.C.
Uniondale
12:45 p.m.
AFTERNOON AT YOUR LEISURE
1:00 – 4:15 p.m.
Private Docent Led Tour of the REVS Institute, 2500 Horseshoe Drive, Naples
Founded in 2008 by Miles Collier whose father and uncle are credited with introducing sports car racing in the early 30s to the US. Includes Collier’s extensive private collection and the collection of family friend, Briggs Swift Cunningham. Bugattis, Ferraris – one of the best private collections of vintage automobiles in the World. Very limited tickets. Price includes transportation: $50 per person. Preregistration required. Meet in lobby at 1:00 sharp to catch shuttle for museum.
1:30 – 5:30 p.m.
Golf at Tiburón Gold Course, 2620 Tiburón Drive
Tiburón is home to the LPGA Tour's CME Group Tour Championship and the PGA TOUR's QBE Shootout and is consistently rated among the top 20 golf facilities in Florida by Golf Digest and GOLF Magazine. Designed by Greg Norman. $205 per person. Fee includes: greens fees, golf cart and box lunch. Preregistration required. For golf club rentals, call (239) 593-2201.
Golf Chair: Magdalen Gaynor, Esq., Law Offices of Magdalen Gaynor, White Plains
7:00 p.m. – 10:00 p.m.
Cocktail Reception & Dinner at the FAIRWAYS AT THE RITZ-CARLTON GOLF CLUB, 2600 TIBURON DRIVE
Shuttles will depart from Beach Club Lobby starting at 6:15 pm
Platinum Dinner Sponsor: FARRELL FRITZ P.C.
Reception Sponsor: PHILLIPS AUCTION HOUSE
Entertainment Sponsor: EMPIRE VALUATION
SUNDAY, MAY 19
Checkout
Questions: Contact Catheryn Teeter at 518-487-5573 or cteeter@nysba.org
