Trusts And Estates Law Section Fall 2021 Meeting

Trusts and Estates Law Section Chair:

Jennifer F. Hillman, Esq., Rivkin Radler LLP, Uniondale, NY

Program Co-Chairs:

Lois Bladykas, Esq., Ruskin Moscou & Faltischek PC, Uniondale, NY

Tara Anne Pleat, Esq., Wilcenski & Pleat PLLC, Clifton Park, NY

‘Til Death (Or Divorce) Do Us Part: Intersection of Trusts and Estates, Family and Matrimonial Law

PROGRAM AGENDA

Thursday, September 30, 2021

9:00 a.m. – 9:10 a.m.

Opening Remarks and Program Introduction

Jennifer Hillman, Esq., Section Chair

Rivkin Radler LLP, Uniondale, NY

Lois Bladykas, Esq., Program Co-Chair

Ruskin Moscou & Faltischek PC, Uniondale, NY

9:15 a.m. – 10:55 a.m.

First Comes Love & Marriage, then Death & Divorce (2.0 Credits in Areas of Professional Practice)

Contractual agreements made before, during and at the termination of a marriage frequently provide for a waiver of statutory rights and create obligations that the estate of one or both of the spouses must satisfy. This program will review the rights of a surviving spouse (both statutory and commonly created contractual rights) that impact the administration of an estate and often result in litigation. Issues concerning the validity and construction of such marital agreements will be discussed together with measures that may be taken to avoid related litigation.

Speakers: 

Brian Corrigan, Esq.

Farrell Fritz P.C.

Uniondale, NY

Lisa R. Schoenfeld, Esq. 

Schlissel Ostrow Karabatos PLLC

Garden City, NY

10:55 a.m. – 11:05 a.m.

Break

11:05 a.m. – 11:55 a.m.

Trust Assets in Divorce: Fair Game or Off Limits? (1.0 Credit in Areas of Professional Practice)

When a marriage ends and a spouse is a trust beneficiary, are the trust assets accessible or off limits in a divorce? We’ll examine what types of trusts, trust provisions, trust history and trust administration make trusts more vulnerable to attack in divorce. We’ll also explore ways to help wall off trust assets from claims of a potential future ex-spouse, techniques to potentially eliminate or shift beneficial interests in even irrevocable trusts, and ways to ameliorate surprising tax consequences that might otherwise distort results. Be better positioned to advise your clients before and during marriage, and before and after a divorce is finalized.

Speakers:

Sharon L. Klein, Senior Vice President

Wilmington Trust, N.A.

New York, NY

Jonathan W. Wolfe, Esq.

Skoloff & Wolfe, P.C.

Livingston, NJ

Friday, October 1, 2021

9:00 a.m. – 9:10 a.m.

Opening Remarks and Program Introduction 

Tara Anne Pleat, Esq., Program Co-Chair

Wilcenski & Pleat PLLC, Clifton Park, NY

9:15 a.m. – 10:05 a.m.

Divorce and Children with Special Needs (1.0 Credit in Diversity, Inclusion & Elimination of Bias)

This session, designed to provide attendees with a Diversity credit, will focus on improving attorneys’ understanding of the concerns, anxieties and issues faced by families who have children with disabilities when their marriages are dissolving and the family is considering the future decision-making, supports, independence and ongoing needs of their children.  

Speakers:

Edward V. Wilcenski, Esq. 

Wilcenski & Pleat PLLC

Clifton Park, NY

Lauren L. Hunt, Esq.

Lauren L. Hunt, Esq., PLLC

Albany, NY

10:05 a.m. – 10:15 a.m.

Break

10:15 a.m. – 11:05 a.m.

Elder Financial Exploitation through Predatory Marriages (1.0 Credit in Areas of Professional Practice)

A case study focused on Matter of Berk, 60 Misc.3d 1207(A). Matter of Berk involved a predatory marriage to a 100-year-old man by his 47-year-old live in caregiver in order to obtain inheritance rights. The case went through over a decade of litigation through the Surrogate's Court, two appeals and, finally, a trial in a case of first impression that concluded in 2018. The case touched on important legal principles that were ultimately applied in order to close a loophole that had, before Berk, made post-death challenges to marriages impossible no matter the factual circumstances.  

Speaker:

John G. Farinacci, Esq.

Ruskin Moscou Faltischek P.C.

Uniondale, NY

11:05 a.m. – 11:15 a.m.

Break

11:15 a.m. – 12:30 p.m.

A View from the Bench: The Promotion of Fairness, Justice and Morality (1.5 Credits in Ethics)

A discussion with Surrogate’s from around the state on how to address conflicts and fairness when matrimonial and family law issues make their way into Surrogate’s Court. 

Moderators:

Jennifer Powers Rutkey, Esq.

Gordon, Tepper & DeCoursey, LLP

Glenville, NY

Matthew R. Coseo, Esq.

Principal Court Attorney

Saratoga County Surrogate’s Court

Ballston Spa, NY

Speakers:

Hon. Stephen W. Cass

Chautauqua County Surrogate’s Court

Mayville, NY

Hon. Richard F. Kupferman

Saratoga County Surrogate’s Court

Ballston Spa, NY

Hon. Sara W. McGinty

Ulster County Surrogate’s Court

Kingston, NY

Hon. Margaret C. Reilly

Nassau County Surrogate’s Court

Mineola, NY