Trusts in Divorce Property Divisions
September 2011
Trusts in Divorce Property Divisions
Program Description
Beneficial interests in trusts are being included in the pool of divisible assets in divorce in Colorado and a number of other jurisdictions. The faculty for this program is comprised of family law, trust and estate law, and valuation practitioners well experienced in this area. The program will conclude with a panel discussion.
**Attendees will receive as course materials CBA-CLE's newly published book, “Trusts in Divorce Property Divisions” by Marc A. Chorney.
Summary of Topics:
- Discussion of the various types of statutes of equitable distribution and how they affect the treatment of trust interests.
- Fully distributable remainder interests and In Re Marriage of Balanson.
- Discretionary trusts; In Re Marriage of Jones, In re Marriage of Guinn.
- Whether the concept of vesting has a place in the analysis.
- How powers of appointment affect the analysis.
- Treatment of income interests, annuity interests and unitrust interests.
- The controversy regarding irrevocable self-settled trusts.
- Dissipation doctrine and trust interests.
- Valuation of trust interests and the uncertainties and variables regarding valuation.
- How the value of a trust interest may be awarded to the non-beneficiary spouse.
- Spendthrift exception creditors.
- Treatment of Crummey powers and other withdrawal rights.
- Theories in measuring appreciation of trust interests.
- Interests in trusts from the perspective of the family law lawyer, including use of experts, discovery and jurisdictional issues.
Who Should Attend:
- Family Law Practitioners
- Trust and Estate Practitioners
- Other Professionals Advising Families on Trusts
Agenda
8:30 - 9:00 am
Registration and Continental Breakfast
9:00 - 10:30 am
Survey of the Law: Trusts in Divorce Property Divisions, Including Colorado Law and the Law in Other States
In this segment of the program, Mr. Chorney will discuss many of the topics included in his book.
Presented by Marc Chorney, Esq., Chorney & Millard LLP
10:30 - 10:45 am
Networking Break
10:45 - 11:15 am
Selected Trust Issues in Dissolution of Marriage Proceedings
- Are beneficiary withdrawal rights property?
- What is the beginning point for measuring appreciation in value of trust interests?
Presented by James Wade, Esq., Wade Ash Woods Hill & Farley, P.C.
11:15 am - 12:30 pm
Domestic Litigation Issues
- Forum Shopping
- Choice of Law
- Use of Experts
- Settlor and Trustee Stonewallers
- The Zealous Discoverer
- Mechanics/Practical Steps
- Procedural Issues
- Approaches to Allocation
- Judicial Discretion
Presented by William Hunnicutt, Hunnicutt & Appelman, P.C.
12:30 - 1:30 pm
Lunch Break (on your own)
1:30 - 2:30 pm
Valuation Issues
- Valuation methodologies - IRS, Mohrlang, and Dale/Major;
- Property thresholds - Property, economic circumstance, and none of the above (non-property); and
- Separate property tracings - When does an interest actually become separate property?
Presented by Eric Six CPA/ABV, Six Consulting, LLC
2:30 - 3:30 pm
Pulling It All Together: A Panel Discussion
3:30 pm
Adjourn
Faculty
Marc A. Chorney
Chorney & Millard LLP
Denver, CO
William L. Hunnicutt, Esq.
Hunnicutt & Appelman, P.C.
Denver, CO
Eric Six, CPA/ABV
Six Consulting, LLC
Denver, CO
James R. Wade, Esq.
Wade Ash Woods Hill & Farley, P.C.
Denver, CO
Location Information
CLECI Large Classroom
1900 Grant Street, Suite 300
Denver, CO 80203
Get directions
1900 Grant Street, Suite 300
Denver, CO 80203
Registration Fees
| Non Member | $249.00 |
| CBA | $199.00 |
| FAMILY | $179.00 |
| TRUST | $179.00 |
| New Lawyer | $159.00 |
| CBA | $159.00 |
- General Credits: 6.00
- Ethics Credits:
- EDI Credits:
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