Trusts And Estates Law Section Spring 2021 Meeting

Trusts & Estates Law Section Chair:

Jennifer F. Hillman, Esq., Ruskin Moscou & Faltischek PC, Uniondale, NY

Spring Meeting Program Chairs: 

Holly Adams Beecher, Esq., Phillips Lytle, LLP, Buffalo, NY

John Graffeo, Esq., Novick & Associates, P.C., Huntington, NY

PROGRAM AGENDA

Thursday, May 6, 2021

9:00 a.m. – 9:15 a.m. 

Opening Remarks and Program Introduction

Jennifer F. Hillman, Esq., Section Chair

Ruskin Moscou & Faltischek PC, Uniondale, NY

9:15 a.m. – 10:30 a.m.

Update and Perspectives on the New Power of Attorney Form (1.5 Credits in Areas of Professional Practice)

The presentation will cover the revisions to the Power of Attorney Law – Chapter 323 of the Laws of 2020 (effective June 13, 2021) and the 2021 Chapter Amendment. The new law replaces "exact wording" with "substantially conforms to the wording;" eliminates the Statutory Gifts Rider; changes the signing requirement; has changes to construction sections; provides for an acceptance of and reliance timeline; and provides for damages and attorney fees when a form is rejected with no reasonable basis. Presentation will also cover changes to the form, best practices, and suggestions for the modification section to provide for gifting.

Speakers: 

David Goldfarb, Esq. 

Goldfarb Abrandt & Salzman LLP

New York, NY

Megan Rowan McGovern, Esq.

Deputy General Counsel and Vice President, Government Relations 

New York Bankers Association

New York, NY

Elizabeth A. Murphy, Esq.

Cullen and Dykman LLP

Garden City, NY

10:30 a.m. – 10:45 a.m.

Break

10:45 a.m. – 11:35 a.m.

Planning for Hard to Value Assets in Uncertain Times: A Guide For Art Collectors (1.0 Credit in Professional Practice)

Presenters will provide an overview of pandemic-driven changes to the art market, and will discuss certain planning considerations for art collectors in 2021, including gifting and valuation considerations and solutions for addressing illiquidity.

Speakers:

Caryn R. Young, Esq.      

Day Pitney LLP

New York, NY

Emily A. Belfer, Esq.

Day Pitney LLP

New York, NY

Rebecca A. Lockwood, Vice President

Business Development

Sotheby’s

New York, NY

11:35 a.m. – 11:40 a.m.

Break

11:40 a.m. – 12:30 p.m.

Lawyers’ Duty of Competency: When Technology and Legal Ethics Intersect (1.0 Credit in Ethics)

With many lawyers working remotely, professional networks extending to various social media platforms, courts adopting various technologies to facilitate hearings and filings, and technology evolving at a rapid pace, lawyers should be mindful of their ethical duty of competency regarding technology. Not only should lawyers have sufficient familiarity with the technology they use, but they should also actively employ strategies to identify and mitigate various risks that come with the use of such technology. Join us to learn about best practices for protection of personal, confidential and privileged information (e.g., in court filings, eDiscovery, when using mobile applications, email and social media), communication with and/or research regarding jurors, parties, or witnesses using social media, and limitations on employer access to employee data.

Speaker:

Anna Mercado Clark, Esq.

Phillips Lytle LLP

New York, NY

12:30 p.m. – 12:45 p.m.

Questions and Answers

5:30 p.m. – 6:45 p.m.

Optional Event: Virtual Cocktail Reception with Wine Tasting

Must be registered for Spring Meeting to Attend. Additional Fee Applies. Registration required by April 29th to receive shipment of event collateral.

Friday, May 7, 2021

9:00 a.m. – 9:05 a.m. 

Opening Remarks and Program Introduction

Jennifer F. Hillman, Esq., Section Chair

Ruskin Moscou & Faltischek PC, Uniondale, NY

9:10 a.m. – 11:05 a.m.

Surrogate’s Court Update (2.0 Credits in Professional Practice)

Learn more about WebSurrogate, Remote Will Executions, Uniform Surrogate Court Rules, Guardianships and Virtual Conferencing from an esteemed panel of Surrogate's Court Judges as we explore these topics in the ever-changing world of Trusts and Estate and Surrogate's Court practice. We will discuss how the Covid19 pandemic has played a role in changing the way we practice before the Surrogate's Court as well as the Court's response to these changes. Don't miss the opportunity to hear how these changes evolved and continue to evolve in the future.  

Moderator:

Hon. John M. Czygier, Former Surrogate 

Suffolk County Surrogate’s Court

Riverhead, NY

Speakers:

Hon. Brandon R. Sall

Westchester County Surrogate’s Court

White Plains, NY 

Hon. Peter J. Kelly

Queens County Surrogate’s Court 

Jamaica, NY

Hon. Acea M. Mosey

Erie County Surrogate’s Court

Buffalo, NY

Hon. Stacey L. Pettit

Albany County Surrogate’s Court

Albany, NY

Hon. Stephen W. Cass

Chautauqua County Surrogate’s Court

Mayville, NY

Hon. Matthew J. Titone

Richmond County Surrogate’s Court

Staten Island, NY

11:05 a.m. – 11:15 a.m.

Break

11:15 a.m. – 12:05 p.m.

Psychological and Legal Considerations in Determining Capacity Remotely: When Your Client Interactions Are Limited To Videoconference  (1.0 Credit in Professional Practice)

Trusts and estates attorneys are frequently required implicitly to determine whether their clients have sufficient capacity, especially when the representation will pertain to estate planning or guardianship. Most attorneys do not have specific training on assessing capacity and therefore make their determinations based upon their personal interactions with the client (or prospective client). This program will provide thoughts from both a psychologist and an attorney on how interacting with clients through video conference may affect such determinations and provide some suggestions as to how attorneys can meet their ethical obligations.

Speakers:

Lynn A. Schaefer, Ph.D., ABPP-CN

Director of Neuropsychology

Nassau University Medical Center

East Meadow, NY

Marc S. Bekerman, Esq.

Law Office of Marc Bekerman

Woodbury, NY

12:10 p.m. – 1:00 p.m. 

Breaking the Cycle of Racial Inequality and Bridging the Wealth Gap: Diversity and Representing Clients in the Financial Area

(1.0 Credit in Diversity, Inclusion & Elimination of Bias)

Join us for a conversation about what the ‘Wealth Gap’ is and how we as attorneys can help bridge that gap for our clients from diverse and different socio-economic backgrounds. Learn why it’s significant for clients to understand wealth concepts such as sustainability, even as they are building their wealth. Hear real client stories that help illustrate why it’s important to be mindful of this diversity as we draft language and communicate our planning structures and legal documents. 

Speakers:

Alvina H. Lo, Esq.

Chief Wealth Strategist 

Wilmington Trust | M&T Bank Emerald Advisory Services®

New York, NY

Marguerite C. Weese, Esq.

National Director - Family Legacy Strategies 

Wilmington Trust | M&T Bank Emerald Advisory Services®

Philadelphia, PA