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Divorce Property Division and Trust Assets: Strategies for Attacking or Defending Trusts

Discovering Trust Assets, Navigating Evidentiary Issues and Available Remedies, and Joining Trusts in Divorce Proceedings

This program is cancelled

A live 90-minute CLE video webinar with interactive Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Monday, September 9, 2024 (in 1 day)

1:00pm-2:30pm EDT, 10:00am-11:30am PDT

(Alert: Event date has changed from 7/24/2024!)


This CLE course will prepare family law practitioners with best practices to represent divorcing parties who have an interest in or seek to claim an interest in a spouse's trust. The panel will review drafting methods to mitigate attacks on trust assets, explain how to attack a trust, discuss available remedies, and outline critical evidentiary issues in establishing a party's interest in the trust as a marital asset.

Description

Trusts present unique challenges when classifying and dividing marital assets in a divorce. Counsel must discover the existence of a spouse's interest, the type of interest, and the value of that interest in the trust.

Counsel must also determine when to attack a trust, how to defend a trust, and what remedies are available. From the family law perspective, counsel must address and present essential evidentiary issues.

Listen as our panel of family law and estate law attorneys discusses drafting methods to mitigate attacks on trust assets, discovering the trust and classifying the beneficiary's interest in the trust as marital property, reaching or protecting the beneficiary's assets, identifying remedies available, and understanding key evidentiary issues.

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Outline

  1. Discovering trust assets
  2. Classifying the trust interest as marital property
  3. Ways to reach trust assets or protect a beneficiary's assets
  4. Joining the trust or trustee as a party
  5. Key evidentiary issues
  6. Remedies

Benefits

The panel will review these and other key issues:

  • What are best practices for drafting trusts to protect trust assets in the event of a divorce?
  • What can counsel do to discover the type of interest a party has in a trust?
  • What are the methods available to reach a party's interest in the trust and defend against an attempted attack?
  • What are the evidentiary issues in successfully attacking a trust or defending the trust from attack?

Faculty

Conlon, Timothy
Timothy J. Conlon

Partner
Burns & Levinson

Mr. Conlon is one of the leading divorce attorneys in Rhode Island and the surrounding region. He is well-versed in...  |  Read More

Shapiro, David A.
David A. Shapiro

Attorney
The Law Offices of David A. Shapiro

Mr. Shapiro is a Board Certified Specialist in Estate Litigation, Trust & Probate Law by the California...  |  Read More