Trusts and Estates Law Section Spring 2023 Meeting
April 27-30, 2023
Fontainebleau Miami Beach
4441 Collins Avenue
Miami Beach, FL 33140
Please note: The cutoff for reservations is Saturday, April 1, 2023 at 5:00pm.
We have reserved a room block at the Fontainebleau Miami Beach. Room rates are: $419 (single/double); $449 (triple); $479 (quad) (all plus taxes and fees). To book online, go to https://book.passkey.com/go/ece8afaa or you can call 1-800-548-8886 (group reservations press option) referencing the Trusts and Estates (T&E) Section Spring Meeting. Please note: The Fontainebleau has advised that April 25 & 26 are going to sell out. If you plan on booking a room for those dates, you may not be able to make your reservation via the passkey link above – you will have to call the hotel directly to reserve those dates. Any further questions can be directed to [email protected]
With a Little Help from My Friends: A Closer Look at How T&E Practitioners Can Best Collaborate with Others
7.0 MCLE Credits in Areas of Professional Practice; 1.0 in Cybersecurity- General
This program is transitional and qualifies for newly admitted attorneys.
Section Chair
Michael S. Schwartz, Esq., Day Pitney LLP
Program Co-Chairs
Catherine B. Eberl, Esq., Hodgson Russ LLP
Jinsoo J. Ro, Esq., Allen & Company
Speakers
Elaine M. Bucher, Esq., Gunster
Hon. Stephen W. Cass, Chautauqua County Surrogate’s Court
Marilyn B. Chinitz, Esq., Blank Rome LLP
Courtney B. Christensen, Winston Art Group
Thomas J. Collura, Esq., Hodgson Russ LLP
Brad Dillon, Esq., UBS
Carrie Galloway, Esq., J.P. Morgan Private Bank
Linda S. Grear, Esq., Pfalzgraf Beinhauer Grear Harris Schuller LLP
Kenneth A. Grossberg, Esq., Phillips Lytle LLP
Jennifer F. Hillman, Esq., Rivkin Radler LLP
Hon. Peter J. Kelly, Queens County Surrogate’s Court
Stacia Kroetz, Esq., Brown Brothers Harriman & Company
Michelle Merola, Esq., Hodgson Russ LLP
Eric W. Penzer, Esq., Farrell Fritz, P.C.
Amanda A. Rottermund, Esq., Withers Bergman LLP
Hon. Brandon R. Sall, Westchester County Surrogate’s Court
Sean R. Weissbart, Esq., Blank Rome LLP
Please Note: You must be vaccinated for COVID-19 to attend a live NYSBA meeting, program, or event.
Thursday, April 27, 2023 – Day 1
1:00 p.m. – 5:00 p.m.
Registration
2:30 p.m. – 5:00 p.m.
Executive Committee meeting
Flicker 3 – Fourth floor
6:00 p.m. – 7:30 p.m.
Welcome Reception
Sea Green Lawn
7:30 p.m.
Dinner on your own
Friday, April 28 – Day 2
8:00 a.m. – 1:00 p.m.
Registration
Flicker 1 &2 – Fourth floor
8:00 – 9:00 a.m.
Hot Buffet Breakfast and Exhibitors
Flicker 3 - Fourth floor
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 a.m. – 8:50 a.m.
Optional Session: Breakfast with the Surrogates: Using Expert Witnesses in Surrogate’s Court
Flicker 1 &2 – Fourth floor
In high stakes litigation, parties will often use expert witnesses to opine on a variety of topics, such as a decedent’s capacity and whether investment accounts were prudently managed. Our panel of Surrogate’s Court Judges will discuss what makes an effective expert witness, and how to successfully use expert witnesses at trial.
Please note there is an additional fee to attend this session, and you must pre-register. Session offers 1.0 MCLE credit.
Speaker
Hon. Stephen W. Cass | Chautauqua County Surrogate’s Court Mayville
Hon. Peter J. Kelly | Queens County Surrogate’s Court, Jamaica
Hon. Brandon R. Sall | Westchester County Surrogate’s Court, White Plains
Moderator
Eric W. Penzer, Esq. | Farrell Fritz, P.C., Uniondale
1.0 Credit in Areas of Professional Practice8:55 a.m. – 12:55 p.m.
General Session
Flicker 1 & 2 – Fourth floor
8:55 a.m. – 9:05 a.m.
NYSBA Welcome
Richard C. Lewis | President, New York State Bar Association; Special Counsel, Hinman Howard & Kattell, LLP, Binghamton
Trusts and Estates Law Section Welcome
Michael S. Schwartz, Esq., Section Chair; Day Pitney, LLP, New York City
9:05 a.m. – 9:10 a.m.
Program Introduction
Catherine B. Eberl | Program Co-Chair; Hodgson Russ, LLP, Buffalo
9:10 a.m. – 10:00 a.m.
The Many Benefits of Financial Modeling in the Estate Planning Process
This presentation will focus on the benefits of using financial modeling as part of the estate planning process. The presentation will include several examples where collaboration with experts who can illustrate the impact of estate planning techniques could result in both expected and unexpected results, potentially altering the way the client and his or her advisor might approach the estate plan.
Speaker
Carrie Galloway, Esq. | J.P. Morgan Private Bank
Brad Dillon, Esq. | UBS
Michael S. Schwartz, Esq. | Day Pitney, LLP, New York City
1.0 Credit in Areas of Professional Practice10:00 a.m. – 10:50 a.m.
Planning with Artwork
Artwork has long been viewed as a unique asset class. In this fire-side chat, we explore some of its features and how clients can best manage and plan for these types of assets, as well as the manner in which T&E lawyers collaborate with auction houses and the myriad other participants of the art world.
Speaker
Amanda A. Rottermund, Esq. | Withers Bergman LLP, New York City
Courtney B. Christensen | Winston Art Group, New York City
1.0 Credit in Areas of Professional Practice10:50 a.m. – 11:05 a.m.
Coffee Break with Exhibitors
Flicker 3 – Fourth floor
11:05 a.m. – 11:15 a.m.
Recap Remarks
11:15 a.m. – 12:05 p.m.
Managing Data Privacy Compliance in a Trusts and Estates Practice
The world of data privacy is a complex web of international, national, and state laws, including HIPPA, the NYS Department of Financial Services’ Cybersecurity Regulations, the California Consumer Privacy Act, and the EU’s General Data Regulation. This presentation will discuss how these laws impact Trusts and Estates practices at firms large and small, and practical ways to comply with these rules and guard client data.
Speaker
Michelle Merola, Esq. | Hodgson Russ LLP, Saratoga Springs
1.0 Credit in Cybersecurity, Privacy and Data Protection – General Credit12:05 p.m. – 12:55 p.m.
Planning With Life Insurance
Life insurance plays a prominent role in estate planning and is used to achieve a multitude of goals. This presentation will discuss the collaboration required between the T&E attorney and the insurance agent to meet these goals.
Speaker
Kenneth A. Grossberg, Esq. | Phillips Lytle LLP, Buffalo
1.0 Credit in Areas of Professional Practice1:00 p.m. – 6:00 p.m.
Free Time
6:00 p.m. – 9:00 p.m.
Reception & Dinner
Upper La Cote South (patio above the restaurant)
Saturday, April 29 – Day 3
8:00 a.m. – 8:55 a.m.
Committee Breakfast Meetings
Flicker 3 – Fourth floor
8:00 a.m. – 1:00 p.m.
Registration
Flicker 1 & 2 – Fourth floor
8:00 a.m. – 9:00 a.m.
Continental Breakfast and Exhibitors
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. – 12:55 p.m.
General Session
Flicker 1 & 2 – Fourth floor
8:55 a.m. – 9:10 a.m.
Program Introductions
Jinsoo J. Ro, Esq. | Program Co-Chair; Allen & Company, New York City
9:10 a.m. – 10:00 a.m.
The Importance of Working with Local Counsel
In this increasingly mobile world, it is common to encounter clients that span multiple jurisdictions. Using examples of clients with connections to both New York and Florida, this presentation will focus on strategies for representing these types of clients and will flag potential pitfalls along the way.
Speaker
Jennifer F. Hillman, Esq. | Rivkin Radler LLP, Uniondale
Elaine M. Bucher, Esq. | Gunster, Boca Raton & West Palm Beach, FL
1.0 Credit in Areas of Professional Practice10:00 a.m. – 10:50 a.m.
Love, Marriage, and Estate Planning
This presentation will focus on the interplay between estate planning and matrimonial law, and the many areas where trusts and estates practitioners and matrimonial attorneys benefit from collaboration. This includes coordinating marital agreements and estate planning documents, conflict considerations when representing married (and divorcing) spouses, elective share planning as well as a variety of other areas of interest.
Speaker
Sean R. Weissbart, Esq. | Blank Rome LLP, New York City
Marilyn B. Chinitz, Esq. | Blank Rome LLP, New York City
Stacia Kroetz, Esq. | Brown Brothers Harriman & Company, New York City
1.0 Credit in Areas of Professional Practice10:50 a.m. – 11:00 a.m.
Coffee Break
Flicker 3 – Fourth floor
11:00 a.m. – 11:15 a.m.
Recap Remarks
11:15 a.m. – 12:05 p.m.
Working with Corporate Counsel
The best-laid plans often go awry. Unfortunately, the same may be true when planning for the transfer and administration of closely held business interests if there is a lack of coordination between the T&E attorney and corporate counsel. This presentation will review the importance of working with corporate counsel to understand how laws and agreements governing various entities may restrict the transfer of legal and economic rights of ownership and/or management, or otherwise conflict with will and trust provisions.
Speaker
Thomas J. Collura, Esq. | Hodgson Russ LLP, Albany
1.0 Credit in Areas of Professional Practice12:05 p.m. – 12:55 p.m.
Working with Elder Law Attorneys
All too often, clients approach their T&E attorney seeking advice on elder care topics when the client is already in declining health. Clients should consider a plan for aging in place and exploring what options may be available to reach that goal. Or you may have clients facing the imminent need for skilled care nursing home and are panicked at what may happen to their life savings. This presentation will discuss working with elder law attorneys who may provide direction and guidance for legal issues facing seniors, including the complex areas of longevity planning, asset protection and Medicaid.
Speaker
Linda S. Grear, Esq. | Pfalzgraf Beinhauer Grear Harris Schuller LLP, Buffalo
1.0 Credit in Areas of Professional Practice12:55 p.m. – 1:00 p.m.
Adjourn – Closing Remarks
Michael S. Schwartz, Esq. | Section Chair; Day Pitney, LLP, New York City
1:00 p.m.
Free time
7:00 p.m. – 11:00 p.m.
Venetian Lady Charter Dinner Cruise
Eden Roc Marina
Please note there is an additional fee to attend the dinner cruise, and you must pre-register. Limited seating available.
Boarding at 7:00pm – Boat departs at 7:30pm
Sunday, April 30
7:00 a.m. – 10:00 a.m.
Checkout
Safe Travels!
Early Bird (through March 15, 2023)
$805 T&E Section member / $955 NYSBA member / $1,205 NYSBA Non-member / $525 Guest
After March 15
$850 T&E Section member / $1,000 NYSBA member / $1,250 NYSBA Non-member / $575 Guest
Fees include: Thursday Welcome reception (Sea Green Lawn); CLE program & materials; Friday breakfast, coffee break, reception & dinner (Upper La Cote South); Friday breakfast, coffee break). Saturday dinner cruise on the Venetian Lady is an additional fee of $125 per person (pre-registration required – limited availability)
Where: Fontainebleau Miami Beach, 4441 Collins Avenue, Miami Beach, FL 33140
Please note: The cutoff for reservations is Saturday, April 1, 2023 at 5:00pm.
We have reserved a room block at the Fontainebleau Miami Beach. Room rates are: $419 (single/double); $449 (triple); $479 (quad) (all plus taxes and fees). To book online, go to https://book.passkey.com/go/ece8afaa or you can call 1-800-548-8886 (group reservations press option) referencing the Trusts and Estates (T&E) Section Spring Meeting.
Please note: The Fontainebleau has advised that April 25 & 26 are going to sell out. If you plan on booking a room for those dates, you may not be able to make your reservation via the passkey link above – you will have to call the hotel directly to reserve those dates. Any further questions can be directed to [email protected]