To what extent is a trust vulnerable to or immune from attack in divorce? Trusts present unique challenges when dividing marital assets in a divorce and may also be a factor in determining support. Some trusts are considered marital property subject to division, while others are protected from division but may still impact the court’s overall financial analysis. The case law on this topic is continuously evolving and the past few years have seen a cascade of decisions from appellate courts. Trusts are so commonplace and yet often quite sophisticated and nuanced. When handling a divorce, it is critical to read the trust, understand its terms, and understand the law as it pertains to the ability to attack a trust and how to defend against such an attack.Consideration of trust interests in determining support and property division
The panel of family law and trust litigation experts discuss best practices when representing divorcing parties who have an interest in or seek to claim an interest in a spouse’s trust. The panel reviews trust terms, landmark decisions, and strategies on both sides of trust-related claims in divorce.
Course Content
3:00pm - 3:05pmWelcome and Introduction
Lisa M. Cukier, Esq.,
Rubin and Rudman LLP, Boston
Hon. George F. Phelan,
Probate and Family Court, Commonwealth of Massachusetts, Boston
3:05pm - 3:15pm
Issues Where Inheritance and Trust Matters Come into Play in Divorce
Tiffany M. Bentley, Esq.,
Day Pitney LLP, Boston
3:15pm - 3:20pm
Family Trusts in a Divorce: Trust Vocabulary
Tiffany M. Bentley, Esq.,
Day Pitney LLP, Boston
3:20pm - 3:30pm
Family Trusts in a Divorce: Retrospective Review of Leading Case Law Pre-Pfannenstiehl
Lisa M. Cukier, Esq.,
Rubin and Rudman LLP, Boston
Hon. George F. Phelan,
Probate and Family Court, Commonwealth of Massachusetts, Boston
3:40pm - 4:00pm
Family Trusts in a Divorce: Update and Review of Newer Case Law-Pfannenstiehl and Post-Pfannenstiehl
Tiffany M. Bentley, Esq.,
Day Pitney LLP, Boston
Hon. George F. Phelan,
Probate and Family Court, Commonwealth of Massachusetts, Boston
4:00pm - 4:20pm
Family Trusts in a Divorce: Special Litigation Issues
Lisa M. Cukier, Esq.,
Rubin and Rudman LLP, Boston
Hon. George F. Phelan,
Probate and Family Court, Commonwealth of Massachusetts, Boston
4:35pm - 4:45pm
Prenups & Postnups & Divorce Process
Lisa M. Cukier, Esq.,
Rubin and Rudman LLP, Boston
Hon. George F. Phelan,
Probate and Family Court, Commonwealth of Massachusetts, Boston
4:45pm - 4:55pm
Family Trusts in a Divorce: Analysis; Vulnerabilities; Trends; Opportunities
Lisa M. Cukier, Esq.,
Rubin and Rudman LLP, Boston
Hon. George F. Phelan,
Probate and Family Court, Commonwealth of Massachusetts, Boston
Please Note
This webcast is delivered completely online, underscoring their convenience and appeal.
There are no published print materials. All written materials are available electronically only.
They are posted 24 hours prior to the program and can be accessed, downloaded, or printed from your computer.
Speaker(s)
CochairsTiffany M. Bentley, Esq.,
Day Pitney LLP, Boston
Lisa M. Cukier, Esq.,
Rubin and Rudman LLP, Boston
Faculty
Hon. Randy J. Kaplan,
Probate and Family Court, Commonwealth of Massachusetts (Ret.),
Hon. George F. Phelan,
Probate and Family Court, Commonwealth of Massachusetts, Boston
