Trusts and Estates Law Section Fall 2022 Meeting

SCHEDULE OF EVENTS

New York Estates With Foreign Components: What T&E Practitioners Should Know When a New York Estate Reaches Out of State

Program Overview: You may live, work, and be licensed to practice law in New York, the “concrete jungle where dreams are made of.” But given that the New York estate practitioner often encounters clients, adversaries, and assets outside of New York, mastering New York law is not enough. This program will explore some fundamental issues that arise when New York estates have foreign components including ancillary proceedings; estate planning for New York clients owning foreign assets and foreign clients owning New York assets; issues related to decanting New York trusts to other jurisdictions; choice of law and jurisdictional issues in wills, trusts and agreements; and the various related ethical issues.   

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Thursday, September 15

9:00 a.m. – 5:00 p.m.

Registration – Outside Venetian Room

10:00 a.m. – 12:30 p.m.

Executive Committee Luncheon Meeting – Venetian Room

12:30 p.m. – 1:30 p.m.

Exhibitors – Venetian Room (around the perimeter)

2:00 p.m. – 5:00 p.m.

General Session – Oval Room

2:00 p.m. – 2:05 p.m.

Welcome and Introductory Remarks – Laurence Keiser, Esq., Section Chair

2:05 p.m. - 2:10 p.m.

NYSBA Welcome – Sherry Levin Wallach, Esq., New York State Bar Association President

2:10 p.m. – 2:15 p.m.

Program Introduction – Program Chair, Joseph T. La Ferlita, Esq., Rivkin Radler LLP, Uniondale, NY

2:15 p.m. – 3:10 p.m.

Ethical Considerations: When Your T&E Matter Crosses State Lines: The Unauthorized Practice of Law

On a Monday morning after a holiday weekend, your inbox is full of client emails. Your long time New York client wants you to prepare a Florida-based revocable trust. Another wants to informally settle a family dispute in Virginia. Still another is receiving medical treatment in Nevada and wants to immediately execute new estate documents while there. Your last email of the day is a New York beneficiary of a Delaware trust who wants advice regarding the trust’s terms.  What are the boundaries of a New York law license when advising on these and similar matters? This program will explore the ethical obligations that confront you in these types of situations.   

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

(1.0 Credit in Ethics)

3:10 p.m. – 4:00 p.m.

The Nuts and Bolts of Ancillary Probate and Administration Proceedings

A decedent’s assets located in New York need a New York-appointed fiduciary to dispose of them through an ancillary proceeding. It may be straightforward if a fiduciary were appointed by a foreign jurisdiction, but the process can become more complex if the foreign domicile does not have a formal process. When also considering New York’s eligibility requirements for fiduciaries, potentially different orders of priority for receipt of letters, and notice requirements, these proceedings can become complex. This program will examine the procedures for different types of ancillary proceedings, and identify some of the thorny issues that may arise therein.

Speaker: Deborah S. Kearns, Esq., Chief Clerk, Albany County Surrogate’s Court, Albany, NY

(1.0 Credit in Skills)

4:00 p.m. – 4:10 p.m.

Coffee break

4:10 p.m. – 5:00 p.m. 

A View from the Bench: Jurisdiction and Other Issues Related to Ancillary Proceedings

Moderator:

Deborah S. Kearns, Esq. , Chief Clerk, Albany County Surrogate’s Court, Albany, NY

Panel: 

Hon. Peter J. Kelly, Queens County Surrogate’s Court, Jamaica, NY

Hon. Stacy L. Pettit, Albany County Surrogate’s Court, Albany, NY

(1.0 Credit in Areas of Professional Practice) 

6:00 p.m. – 7:30 p.m.

Cocktail Reception – St. James Room

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Friday, September 16

8:00 a.m. – 12:30 p.m.

Registration – Outside Venetian Room

8:00 a.m. – 10:00 a.m.

Exhibitors – Venetian Room (around the perimeter)

8:00 a.m. – 10:00 a.m.

Breakfast Buffet – Venetian Room

9:00 a.m. – 12:00 p.m.

General Session – Oval Room

9:00 a.m. – 9:10 a.m.

Program Introduction – Program Chair, Joseph T. La Ferlita, Esq., Rivkin Radler LLP, Uniondale, NY

9:10 a.m. – 10:00 a.m.

Who? What? Where? When? and How? – Deciphering Choice of Law, Conflicts of Law, and Jurisdictional Nexus for the T&E Lawyer

Perhaps the most commonly “cut and pasted” (but seldomly appreciated) boiler-plate provisions in wills, trusts, and other related documents concern choice and conflict of law. But when confronted with cross-jurisdictional issues, those rarely analyzed provisions become critical. Sometimes, whether a party wins or loses turns on whether the substantive or procedural law of one jurisdiction or another governs. This program deciphers the import of these provisions.  

Speaker: Jill Choate Beier, Esq., Norfolk Beier PLLC, Lake Placid, NY

(1.0 Credit in Areas of Professional Practice)

10:00 a.m. – 10:50 a.m.

Estate Planning for U.S. Persons Owning Foreign Assets and Foreign Persons Owning U.S. Assets

Frank Sinatra isn’t the only one who wants “to wake up in a city that never sleeps.” Wealthy clients from all over the world own significant real estate and other property interests located in New York. It’s also common for New York clients to have similar interests located outside of New York, be it in another state or another country. This program will explore gift, estate, and income tax issues associated with these scenarios. 

Speaker: Louis Vlohos, Esq., Rivkin Radler LLP, Uniondale, NY

(1.0 Credit in Areas of Professional Practice)

10:50 a.m. – 11:05 a.m.

Coffee Break with Exhibitors

11:05 a.m. – 11:30 a.m.

Issues Related to Decanting New York Trusts to Non-New York Trusts

Thirty years ago, New York enacted the nation’s first decanting statute. But it wasn’t until its 2011 amendment that its popularity exploded. Along with the increased flexibility afforded by the 2011 amendment, special issues arise when decanting New York trusts to non-New York trusts. This program will identify and discuss issues that pertain to cross-jurisdictional decanting.

Speaker: Michael M. Gordon, Director, Gordon, Fournaris & Mammarella, P.A., Wilmington, DE

(0.5 Credit in Areas of Professional Practice)

11:30 a.m. – 12:00 p.m.

Legislative Update

Learn about recent updates to New York trusts and estate law, proposed legislation, and issues that Section members are actively working on.  

Speaker: Angelo M. Grasso, Esq., Greenfield Stein & Senior LLP, New York, NY

(0.5 Credit in Areas of Professional Practice)

12:00 p.m. – 7:00 p.m.

Free time

7:00 p.m. – 11:00 p.m.

Cocktail Reception and Dinner at the Boston Public Library | 700 Boylston St. | Boylston Hall

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Saturday, September 17

8:00 a.m. – 12:30 p.m.

Registration – Outside Venetian Room

8:00 a.m. – 10:00 a.m.

Breakfast Buffet – Venetian Room

8:00 a.m. – 9:00 a.m.

Committee Meetings – Commonwealth Room (lower level)

9:00 a.m. – 12:00 p.m. 

General Session – Oval Room

9:00 a.m. – 9:10 a.m.

Program Introduction – Program Chair, Joseph T. La Ferlita, Esq., Rivkin Radler LLP, Uniondale, NY

9:10 a.m. – 10:00 a.m.

Breakfast with the Surrogates – Issues Related to Joint Accounts

Joint accounts can be convenient, but they are also ripe for litigation. Our panel of surrogates will examine how these accounts are dealt with under the current law, as well as some ideas for future improvements.   

Moderator:

Eva-Marie Cusack, Esq., Richmond County Surrogate’s Court, Staten Island, NY

Panel:

Hon. Stephen W. Cass, Chautauqua County Surrogate’s Court, Mayville, NY

Hon. Acea M. Mosey, Erie County Surrogate’s Court, Buffalo, NY

Hon. Brandon R. Sall, Westchester County Surrogate’s Court, White Plains, NY

(1.0 Credit in Areas of Professional Practice)

10:00 a.m.

Adjourn – Closing Remarks – Laurence Keiser, Esq., Section Chair