Representing Estate and Trust Beneficiaries and Fiduciaries - CLE, Continuing Legal Education - ALI
Representing Estate and Trust Beneficiaries and Fiduciaries
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Why You Should Attend

Estate planners, litigators, and corporate fiduciary counsel all want to know what impact (if any) the American Taxpayer Relief Act of 2012 will have on their clients.


This advanced CLE course goes beyond basics and delves into topics that specifically affect beneficiaries and fiduciaries, while offering registrants solutions to their most pressing concerns through small roundtable discussions and networking opportunities.


Experienced planning chairs Steve Fast and Bob Whitman, and the rest of the nationally known faculty panel, provide two full days of knowledge, insight, and even a bit of humor as they update you on all the current law developments affecting beneficiaries and fiduciaries.

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What You Will Learn

The go-to program for estate and trust administration professionals is back by popular demand! Get the latest insight on the issues, including strategies for addressing current challenges for unhappy beneficiaries and concerned fiduciaries. Expert faculty of seasoned practitioners from across the country will examine:


Emerging fiduciary issues and how to pick (or be picked as) the best lawyer for the job

Hot topics in tax, ethics, and estate and trust administration

What you don’t (but should!) know about income taxation of estates and trusts

The current fiduciary litigation landscape—and what you should do differently

Perils of the lawyer-trustee

The emboldened beneficiary

Deposition devils and details

Decanting illusions

“Side letters” to trustees

The intersection of the prudent investor and business interests

Failing facility – drawing the lines on diminished capacity

Using taxes to settle disputes

Ethics analysis (one hour)

Your issues, one-on-one


Faculty will reserve time throughout the program to address your questions.


Registrants at the live program have the opportunity to take part in small, focused, and interactive discussions during breakfast.

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Who Should Attend

Estate planning attorneys, estate and trust administration professionals, lawyers representing fiduciaries and beneficiaries, risk managers, investment officers, relationship managers, investment advisors, and financial planners should attend this accredited continuing legal education program from ALI CLE.


COURSE REGISTRANTS WILL ALSO RECEIVE FREE ON DEMAND ACCESS TO ALI CLE'S AUDIO WEBCAST "In the Wake of Windsor and Perry: Estate Planning for Same Sex and Unmarried Couples."

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Planning Chairs

Steven M. Fast, Day Pitney LLP, West Hartford, Connecticut (also on faculty)

Robert Whitman, University of Connecticut School of Law, Hartford

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Dominic J. Campisi, Evans, Latham & Campisi, San Francisco

George L. Cushing, McLane, Graf, Raulerson, & Middleton, Professional Association, Woburn, Massachusetts

Donald P. DiCarlo, Wilmington Trust, N.A., Villanova, Pennsylvania

Robert G. Holdway, Vice President, Fiduciary Trust Company, Boston

Amy K. Kanyuk, McDonald & Kanyuk, PLLC, Concord, New Hampshire

James L. Kronenberg, Bessemer Trust Company, Boston

Stacy K. Mullaney, Vice President & Trust Counsel, Fiduciary Trust Company, Boston

Suma V. Nair, Goulston & Storrs, Boston

Jeffrey N. Pennell, Richard H. Clark Professor Law, Emory University School of Law, Atlanta

Andrew D. Rothstein, Goulston & Storrs, Boston

Joshua S. Rubenstein, Katten Muchin Rosenman LLP, New York

James Sicilian, Day Pitney LLP, Hartford, Connecticut

Greta E. Solomon, Cohen & Wolf, P.C., Bridgeport, Connecticut

John D. Wilson, Law Offices of John D. Wilson, Los Angeles

Joy Harmon Sperling, Day Pitney LLP, Parsippany, New Jersey

Arthur W. Young III, Assistant General Counsel, Bank of America, N.A., Boston

Raymond H. Young, Hemenway & Barnes, Boston


ALI CLE Program Attorney: Kevin J. O’Connor (

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Program Schedule

Thursday, July 18, 2013

8:00 a.m. Registration and Continental Breakfast, with an opportunity for Talk at the Tables about your issues with speakers from the day (not recorded or webcast)

8:40 a.m. Administrative Remarks – ALI CLE Staff


8:45 a.m. New Cases, New Risks (and Some Solutions) for Fiduciaries, Part I – Mr. Campisi

10:30 a.m. Networking and Refreshment Break

10:45 a.m. Income Taxation of Estates and Trusts: What You Haven’t Been Thinking About – and May Wish You Had – Professor Pennell

12:00 noon Lunch Break


1:15 p.m. Ethics (but Not Just a Boring Parade through the Rules) – Professor Pennell

2:15 p.m. View from the Inside: Emerging Fiduciary Issues and Picking the Right Lawyer for the Right Issue – Messrs. Sicilian and A. Young

3:00 p.m. Networking and Refreshment Break

3:15 p.m. The Duty to Inform – What It is Now and Are Numbers Really Enough? – Mr. Kronenberg

4:00 p.m. Using Taxes to Settle Disputes – Mr. Rubenstein

4:45 p.m. The “Side Letter” to Trustees: Asset or Liability? – Ms. Nair and Mr. Rothstein

5:30 p.m. Adjournment for the Day; Networking Reception for Registrants and Faculty


Friday, July 19, 2013

8:15 a.m. Networking and Continental Breakfast, with an opportunity for Talk at the Tables about your issues with speakers from the day (not recorded or webcast)


8:45 a.m. New Cases, New Risks (and Some Solutions) for Fiduciaries, Part II – Mr. Campisi

10:15 a.m. Networking and Refreshment Break

10:30 a.m. Dealing with Diminished Capacity – Mr. R. Young

11:15 a.m. Depositions: A View from the East and the West on Strategy for Fiduciaries – Ms. Sperling and Mr. Wilson

12:00 noon Lunch Break


1:15 p.m. Communication and Design Features To Ensure the Effective Implementation of Estate Plans – Mr. Holdway and Ms. Mullaney

2:00 p.m. Perils of the Lawyer-Trustee – Ms. Kanyuk

2:45 p.m. Networking and Refreshment Break

3:00 p.m. Decanting with no Carafe – Ms. Solomon

3:30 p.m. Managing Business Interests in Trusts Without (Too Much) Liability – Mr. DiCarlo

4:00 p.m The Empowered Beneficiary (and Settlor) as Trustee, Trustee Remover, and Trustee Appointer– Messrs. Cushing and Fast

4:45 p.m. Adjournment

Total 60-minute hours of instruction: 13.25, including one hour of ethics

Suggested Prerequisite: Limited experience in legal practice in subject matter or completion of Basic CLE Course in subject matter

Educational Objective: Acquisition of knowledge and skills to develop proficiency as a practitioner; maintenance of professional competence as a practitioner; provision of information on recent legal developments

Level of Instruction: Advanced

Click Here for MCLE Credit Information

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Here's what registrants have said about this course:

“Good content with good speakers – always find a good nugget or two to take back with me.”

“It was the usual excellent ALI course. I have been to about a dozen and they are uniformly the best CLE programs I have attended.”

“A great CLE course for trust and estate practitioners. Overall, a great course and worth the time and distance to attend. I will be back.” -- JP Lee

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