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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
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Chicago
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New York
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Chicago
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Chicago
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Charlotte
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New York
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New York
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New York
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New York
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Chicago
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New York
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Chicago
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Los Angeles
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New York
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New York
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Chicago
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New York
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New York
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Chicago
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Chicago
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Los Angeles
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New York
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Chicago
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Chicago
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Los Angeles
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New York
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Chicago
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Chicago
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New York
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New York
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Chicago
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Chicago
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Los Angeles
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New York
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New York
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Co-Managing Partner - New York
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New York
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Chicago
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New York
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Los Angeles
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Charlotte
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New York
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Chicago
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Charlotte
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February 1, 2012
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January 11, 2012
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November 23, 2011
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November 2011
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July/August 2011
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July 2011
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July 13, 2011
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July 10, 2011
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July 6, 2011
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July 5, 2011
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July 5, 2011
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June 10, 2011
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June 10, 2011
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June 5, 2011
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May 2011
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April 4, 2011
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March 22, 2011
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January 2011
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January 3, 2011
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December 17, 2010
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December 7, 2010
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November 2010
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November 20, 2010
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November 9, 2010
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November 9, 2010
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October 30, 2010
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October 25, 2010
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October 14, 2010
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October 2010
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October 3, 2010
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September 29, 2010
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September 21, 2010
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September 15, 2010
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September 2010
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August 2010
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August 24, 2010
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August 9, 2010
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July 2010
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July 27, 2010
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July 19, 2010
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June 2010
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June 24, 2010
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June 10, 2010
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May 19, 2010
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April 2010
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March/April 2010
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April 3, 2010
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April 2, 2010
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March 24, 2010
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March 2010
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March 4, 2010
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February 17, 2010
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February 2, 2010
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January 2010
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January 27, 2010
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January 7, 2010
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January 2010
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December 23, 2009
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December 17, 2009
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December 2009
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November 25, 2009
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September 28, 2009
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September 21, 2009
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August 12, 2009
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August 5, 2009
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July 28, 2009
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July 20, 2009
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July 2009
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July 2009
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June 12, 2009
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June 10, 2009
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May 12, 2009
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February/March 2009
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March 20, 2009
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March 18, 2009
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March 9, 2009
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February 26, 2009
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2008
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December 17, 2008
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December 9, 2008
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December 5, 2008
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December 2008
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November 4, 2008
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October 6, 2008
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September 23, 2008
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July 10, 2008
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June 2008
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June 23, 2008
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April 16, 2008
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March 24, 2008
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February 2008
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December 2007
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November 13, 2007
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September 5, 2007
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April 4, 2007
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April 2, 2007
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December 2006
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Fourth Quarter 2006
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July 25, 2006
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June 7, 2006
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June 5, 2006
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May 19, 2006
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April 17, 2006
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December 2005
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December 2005
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November 7, 2005
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November 7, 2005
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November 2, 2005
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March 2005
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February 16, 2005
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December 2004
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December 4, 2004
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November 25, 2004
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September 13, 2004
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August 20, 2004
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July 30, 2004
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January 2004
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December 2003
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Winter 2003
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June 2003
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Winter 2002
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September 9, 2002
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July 31, 2002
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February 21, 2012
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Philadelphia, Pennsylvania
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February 07, 2012
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Sarasota, Florida
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December 15, 2011
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Presented by Society of Trust and Estate Practitioners
Geneva, Switzerland
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December 13, 2011
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Presented by Baer & Karrer
Zurich, Switzerland
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November 22, 2011
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Presented by Columbia University
New York, New York
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November 08, 2011
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Presented by IIR & IBC Finance Events
London, United Kingdom
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November 03, 2011
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Presented by Legal Week
Cernobbio, Italy
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September 27, 2011
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New York, New York
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September 12, 2011
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Presented by the Practising Law Institute
New York, New York
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July 21, 2011
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Presented by the NCBA Estate Planning & Fiduciary Law Section
Kiawah Island, South Carolina
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June 22, 2011
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May 22, 2011
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Mexico City, Mexico
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May 20, 2011
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New York, New York
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May 10, 2011
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Presented by the Wichita Estate Planning Council
Wichita, Kansas
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May 09, 2011
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Chicago, Illinois
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May 08, 2011
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Königstein, Germany
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April 28, 2011
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Miami, Florida
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April 05, 2011
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Chicago, Illinois
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March 07, 2011
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Presented by the American College of Trust and Estate Counsel
Phoenix, Arizona
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March 03, 2011
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Presented by Legal Week
Provence, France
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February 18, 2011
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Lubbock, Texas
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February 16, 2011
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Presented by the UJA-Federation of New York's Lawyers Division Trusts & Estates Group and Accountants Division
New York, New York
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$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.
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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.
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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.
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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.
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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.
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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.
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