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Estate Planning: Anticipating and Preparing for Estate Litigation

 

Learn the key steps on how to implement proactive processes to diminish or eliminate litigation.

Estate planners generally focus on preparing estate planning documents that are predominantly geared towards accomplishing a clients' estate planning objectives in a tax efficient manner. With the increase in estate litigation, planners also need to take steps to ferret out the potential for estate-related litigation both before and after the client's death from a variety of different sources (e.g., disinherited family members and charities) and implement precautionary measures to reduce or eliminate the likelihood of litigation, and, if unavoidable, take steps to ensure that such litigation can be readily defeated with a minimum of cost and delay. This material will provide suggestions on how to protect your client's estate plan from attack.

Agenda

Faculty

Steven H. Holinstat

Steven H. Holinstat

Proskauer Rose LLP

  • Co-Head of Proskauer Rose LLP’s Fiduciary Litigation Group
  • Proskauer has received Tier One Rankings for Trusts & Estates Litigation by U.S. News Rankings
  • Has a broad and diverse background in all aspects of high-stakes commercial litigation
  • One of the firm’s principal fiduciary litigators and is the lead litigator in a number of high-net-worth trust and estate matters and has developed a reputation for being adept at intervening and resolving challenging interfamily disputes before they escalate into full-blown litigation
  • Aggressive and experienced trial lawyer; he has handled cases before federal and state courts around the country and numerous arbitrations before JAMS, the American Arbitration Association, the Financial Industry Regulatory Authority (formerly the National Association of Securities Dealers, or NASD), and the International Chamber of Commerce
  • Published articles and lectured domestically and internationally on topics in the field of fiduciary litigation
  • Fellow of ACTEC (the American College of Trust and Estate Counsel)
  • Member of the Surrogate’s Court Committee of the NYS Bar Association and the Litigation Committee of the NYC Bar Association
No photo available

Henry J. Leibowitz

Proskauer Rose LLP

  • Partner in the Private Client Services Department and Fiduciary Litigation Group for Proskauer Rose LLP
  • Practice encompasses all aspects of estate and tax planning, estate and trust administration and fiduciary litigation; Hank handles family matters such as the preparation of prenuptial and postnuptial agreements; he regularly counsels individuals concerning charitable giving and advises private foundations and public charities on tax issues; in addition, has been involved in will contests and other estate and trust related litigations
  • Primarily represents individuals in a wide variety of estate and financial planning issues including estate, gift and generation-skipping tax planning; in recent years, Hank has become very involved with planning relating to distributions from qualified plans and IRA's, including Roth rollovers, income and estate tax issues and devising methods that allow continued tax deferral within said plans; he also has extensive experience with all types of life insurance planning, including split-dollar arrangements
  • Has administered large and complex estates in New York, Connecticut, New Jersey and Florida; he has handled numerous IRS estate tax audits and state estate tax domicile disputes which have been favorably resolved; he has also been involved in many Surrogate’s Court proceedings. Notably, he has a great deal of experience in the administration of various artists’ estates, having handled the estate of Leonard Bernstein, the estate of Keith Haring, the George Balanchine trust, and a litigation brought by the New York State Attorney General against the estate of Joseph Cornell and the Cornell Foundation

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