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Highlights

Trusts and Estates

The Trusts and Estates Practice at Katten is nearly 50 attorneys strong, making it one of the largest in the United States. With attorneys in four offices—Charlotte, Chicago, Los Angeles and New York—Katten offers an integrated network of trust and estate practitioners that enables us to service local, national and international clients most efficiently. We provide creative and comprehensive representation in all areas of private client services, including personal and tax-driven estate planning for both the domestic and international client, business succession and charitable planning, probate, complex estate and trust administration, estate and trust litigation and charitable organization representation. The attorneys in our Trusts and Estates Practice have years of practical experience and are published practitioners, accomplished lecturers, seasoned litigators, skilled negotiators, experienced administrators and thoughtful, practical and creative planners and advisors.

Katten represents high net worth individuals, entire families, family offices, banks, trust companies, wealth management advisors and nonprofit entities of all sizes. Our individual clients include entrepreneurs, corporate executives, hedge fund managers, philanthropists, real estate investors and developers, accountants, medical professionals, artists, collectors, authors, composers and musicians. We also represent banks and trust companies in connection with their administration of both estates and trusts, and advise nonprofit entities and their managers at every stage of operation, from formation to administration to dissolution.

Comprehensive Estate Planning: Estate, Gift and Generation-Skipping Tax Planning, Planning for Business Succession and Charitable Planning

Katten attorneys prepare wills and trusts that enable our clients to avoid the need for probate, appoint guardians for their minor children, protect assets from creditors, ensure that children do not receive too much before an appropriate age, and minimize the taxes incurred when transferring wealth to successive generations. We are committed to advising clients on how to plan in light of a rapidly changing tax and economic climate. In this role, our group seeks not only to advise clients of changes in the law, but also to develop planning strategies that enable clients to take full advantage of those changes for the benefit of themselves and their families.

International Considerations

Comprehensive planning requires that we consider and address domestic as well as international issues. Our attorneys counsel foreign and domestic clients on all manner of tax and estate planning issues relating to their multinational holdings.

Litigation Services

Unfortunately, despite the best laid estate plans, disputes often arise among beneficiaries and between beneficiaries and fiduciaries. Our talented team of trust and estate litigators offers the full panoply of litigation services.

Administration of Trusts and Estates

Our attorneys also assist with the post-death administration and distribution of our clients’ estates and trusts and represent both beneficiaries and fiduciaries in all trust- and estate-related matters.

Representation of Nonprofit Organizations

We have extensive experience involving the establishment and maintenance of charitable and other nonprofit entities. We represent clients both privately and before taxing and regulatory authorities, including both the IRS and the relevant attorney general or consumer protection agency.

Professionals

Chicago
Associate
New York
Counsel
Chicago
Of Counsel
Chicago
Partner
Charlotte
Associate
New York
Counsel
New York
Partner
New York
Associate
New York
Associate
Chicago
Special Counsel
New York
Partner
Chicago
Associate
Los Angeles - Century City
Partner
New York
Counsel
New York
Counsel
New York
Associate
New York
Associate
Chicago
Partner
Chicago
Partner
Los Angeles - Century City
Of Counsel
New York
Partner
Chicago
Partner
Chicago
Partner
Los Angeles - Century City
Associate
Los Angeles - Century City
Partner
New York
Counsel
Chicago
Associate
Chicago
Associate
Chicago
Senior Counsel
Chicago
Partner
New York
Associate
New York
Special Counsel
Chicago
Associate
Chicago
Of Counsel
Chicago
Staff Attorney
New York
Counsel
New York
Co-Managing Partner - New York
New York
Associate
New York
Associate
Chicago
Partner
New York
Partner
Los Angeles - Century City
Associate
Charlotte
Of Counsel
Chicago
Partner
Charlotte
Partner
May 29, 2013
April 29, 2013
March 20, 2013
March 20, 2013
March 18, 2013
January 16, 2013
November 20, 2012
November 1, 2012
September 25, 2012
July 20, 2012
May 14, 2012
May 14, 2012
April 26, 2012
February 1, 2012
January 11, 2012
November 23, 2011
November 2011
July/August 2011
July 2011
July 13, 2011
July 10, 2011
July 6, 2011
July 5, 2011
July 5, 2011
June 10, 2011
June 10, 2011
June 5, 2011
May 2011
April 4, 2011
March 22, 2011
January 2011
January 3, 2011
December 17, 2010
December 7, 2010
November 2010
November 20, 2010
November 9, 2010
November 9, 2010
October 30, 2010
October 25, 2010
October 14, 2010
October 2010
October 3, 2010
September 29, 2010
September 21, 2010
September 15, 2010
September 2010
August 2010
August 24, 2010
August 9, 2010
July 2010
July 27, 2010
July 19, 2010
June 2010
June 24, 2010
June 10, 2010
May 19, 2010
March/April 2010
April 2010
April 3, 2010
April 2, 2010
March 24, 2010
March 2010
March 4, 2010
February 17, 2010
February 2, 2010
January 2010
January 27, 2010
January 7, 2010
January 2010
December 23, 2009
December 17, 2009
December 2009
November 25, 2009
September 28, 2009
September 21, 2009
August 12, 2009
August 5, 2009
July 28, 2009
July 20, 2009
July 2009
July 2009
June 12, 2009
June 10, 2009
May 12, 2009
February/March 2009
March 20, 2009
March 18, 2009
March 9, 2009
February 26, 2009
2008
December 17, 2008
December 9, 2008
December 5, 2008
December 2008
November 4, 2008
October 6, 2008
September 23, 2008
July 10, 2008
June 2008
June 23, 2008
April 16, 2008
March 24, 2008
February 2008
December 2007
November 13, 2007
September 5, 2007
April 4, 2007
April 2, 2007
December 2006
Fourth Quarter 2006
July 25, 2006
June 7, 2006
June 5, 2006
May 19, 2006
May 18, 2006
April 26, 2006
April 17, 2006
February 2, 2006
January 9, 2006
December 2005
December 2005
November 7, 2005
November 7, 2005
November 2, 2005
March 2005
March 2005
February 16, 2005
December 2004
December 4, 2004
November 25, 2004
September 13, 2004
August 20, 2004
August 11, 2004
July 30, 2004
May 27, 2004
January 2004
December 2003
Winter 2003
June 2003
More
August 15, 2013
Presented by the Appraisal Institute
Los Angeles, California
July 12, 2013
Presented by Pincus Professional Education
Los Angeles, California
June 13, 2013
Presented by the Trust and Estate Section of the Colorado Bar Association
Snowmass Village, Colorado
June 12, 2013
Cold Spring, New York
June 12, 2013
Washington Township, New Jersey
June 05, 2013
May 08, 2013
County Kildare, Ireland
April 12, 2013
Presented by ALI CLE
March 14, 2013
Provence, France
March 10, 2013
Rancho Mirage, California
January 30, 2013
Scottsdale, Arizona
November 08, 2012
Presented by Alliant Insurance Services, Inc., Berdon LLP and Katten Muchin Rosenman LLP
New York, New York
October 25, 2012
Presented by Hottinger & Partners S.A.
Rio de Janeiro, Brazil
October 10, 2012
Presented by Northern Trust
New York, New York
October 02, 2012
Dublin, Ireland
September 05, 2012
Presented by Selfhelp Community Services' Evelyn Frank Legal Resources Program
New York, New York
July 23, 2012
Las Vegas, Nevada
Case Studies
  • $40,000,000 worth of copyright interests of a renowned composer were owned by two trusts for the benefit of multiple generations of his family, only one of which trusts was exempt from generation-skipping transfer (GST) taxes. Following the death of the composer's children, the efficient management of the copyrights would be lost because the trustees of the non-exempt trust are required to make outright distributions of a portion of the trust's assets (including the copyright interests) to the composer's many grandchildren.  What is worse, the non-exempt trust would be subject to millions of dollars in GST tax, which would require the sale of its share of the copyright interests.  Our attorneys developed and implemented a plan whereby the non-exempt trust sold its share of the copyright interests to the exempt trust.  As a result, the non-exempt trust will be spent down and used to support the composer's children and the exempt trust will keep control of the copyrights, which will be preserved for future generations of the composer's family without the imposition of the onerous GST taxes.
  • Days before she died of terminal cancer, a wife tried to trigger her husband's obligation to pay her $20 million under a post nuptial agreement by asserting that she intended to divorce him. After the wife's death, the husband refused to pay this claim.  On behalf of the wife's executor, our attorneys negotiated a settlement of $16 million with the husband.  The IRS nevertheless valued the wife's claim at the full face amount of $20 million for estate tax purposes.  Pointing to the risks involved in the protracted litigation with the husband, our attorneys successfully argued that the claim had a fair market value of $2 million, thereby saving the wife's estate $9 million in estate taxes.
  • In a Will signed more than 25 years ago, a generous philanthropist left the bulk of her estate to a university. She directed that the university use the funds to provide annual scholarships of up to $3,000 to needy students.  Because of the significant increase over the years in both the scholarship fund and the annual costs of education, this $3,000 restriction was no longer practical.  At the university's request, our attorneys successfully petitioned the Court to lift the restriction in the Will to provide annual scholarships that cover the actual annual costs of education, thereby honoring the decedent's charitable intentions.
  • Members of a family with multi-jurisdictional European contacts consulted us with respect to planning for their ultimate exposure to worldwide U.S. income and transfer taxation upon their impending emigration to the U.S. The family members are beneficiaries of certain foreign non-grantor trusts, which own offshore corporations which in turn own interests in European operating businesses. In particular, the family members were concerned that they could be subject to onerous U.S. income tax, interest and penalties as a result of the trusts' indirect interests in certain U.K. businesses and on distributions to them from the trusts. Our attorneys created an innovative two-tier trust structure for the family so that property which is distributed from the family’s original trusts to those members of the family who are U.S. persons will be free from any U.S. income tax whatsoever, while their business interests and most personal assets will remain exempt from U.S. transfer taxation.
  • Pre-IPO Planning - A multi-national family seeking to transfer wealth to the second generation while retaining full control of a closely-held U.S. company in contemplation of a future IPO engaged us to advise them. Our attorneys restructured the ownership of the company and then created a series of trusts to hold the voting and nonvoting shares of the company for the benefit of the entire family. Subsequently, when IPO talks in fact materialized, we worked closely with investment bankers throughout the process further to facilitate the intergenerational planning, conducting sophisticated corporate restructuring to the benefit of both the family and the company. Throughout the process, our clients were able to continue to manage and benefit from the company, while moving vastly appreciated assets to the second generation transfer tax-free.
  • The remainder beneficiaries of various family trusts sued the trustee, asserting that the trusts generated too much income for their mother, thereby giving up growth of principal. The trustee asserted that it had invested the trust assets appropriately to meet the mother's needs.  Our attorneys successfully negotiated a settlement whereby the mother satisfied her children's claims directly.  As a result, the mother's estate planning goals were met transfer tax-free and the trustee obtained full releases for its actions and remained as trustee.