Divorce Property Division and Trusts: Strategies for Attacking or Defending Trusts and Evidentiary Issues
Recording of a 90-minute CLE video webinar with Q&A
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.
Outline
- Discovering trust assets
- Classifying the trust interest as marital property
- Ways to reach trust assets or protect a beneficiary's assets
- Joining the trust or trustee as a party
- Key evidentiary issues
- 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
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
Mr. Conlon is one of the leading divorce attorneys in Rhode Island and the surrounding region. He is well-versed in difficult family law conflicts such as divorce, child custody, visitation, child/spousal support, interstate relocation, property division, and more. Mr. Conlon has handled contentious divisions and reorganizations of marital businesses, both on behalf of the acquiring and the selling spouse. Perhaps one of his strongest assets is his skill and tenacity in digital discovery during family law cases, uncovering hidden assets and other secrets the other party may be hiding during a divorce or separation.
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Alisa L. Hacker
Partner
Day Pitney
Ms. Hacker is highly sought after by private individual and fiduciary clients for her skills as a litigator and adviser... | Read More
Ms. Hacker is highly sought after by private individual and fiduciary clients for her skills as a litigator and adviser in probate and family law matters. She regularly appears and tries cases in the probate and family court, but she is also adept at collaborating with clients and opposing counsel to bring about fair and efficient out-of-court resolutions of what are often sensitive and private matters. Ms. Hacker is a certified mediator and conciliator, and provides these services in probate and family law matters. Her approach to cases and clients is empathetic, yet practical and straightforward.
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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
Mr. Shapiro is a Board Certified Specialist in Estate Litigation, Trust & Probate Law by the California State Bar. As a Los Angeles trust attorney, he is also an active member of the Trusts and Estates sections of the Los Angeles County Bar Association, the Litigation Subcommittee of the Trusts and Estate Section of the California Lawyers Association, the Los Angeles County Bar Association and the Beverly Hills Association (including the BHBA's Trust and Estates section), as well as a former president of the Los Angeles Estate Planning Council. Mr. Shapiro also previously served on the Board of Directors of the Playa Venice Rotary Foundation.
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