American Bar Association
Non-Tax Issues Affecting the Planning and Administration of Estates and Trusts Committee

Non-Tax Issues Affecting the Planning and Administration of Estates and Trusts Committee


We recognize that there are other issues that surround and influence estates and trusts outside of taxes. The committee reviews, analyzes and suggests solutions related to the non-tax issues of planning and administration. Activities of the committee include sponsoring CLE programs and writing articles with practical information for trust and estate attorneys and commenting on proposed legislation affecting estate and trust administration.

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Programs, Meetings and Events

Committee Events

Family Business Succession Essentials Teleconference

June 12, 2014
Please see the recording below under *Hot Topics*

Join Avi Kestenbaum from Meltzer Lippe as he discusses family succession.

As most estate and financial planning professionals are painfully aware, most family businesses don’t survive the generations and as the studies indicate, this failure has little to do with the tax planning. For those business owners, who are emotionally torn between ensuring that their businesses continue for as long as possible and pacifying their descendants, family business succession planning is incredibly complicated, if not impossible.
While cash, brokerage accounts and often times real estate, can be divided among the descendants and often times maintained with proper trust and management provisions, operating businesses cannot be so easily divided nor continue successfully due to the inherent complexity of their management and operations, as well as fiduciary duties of trustees. Estate planners should become better well versed in the psychology of family dynamics, especially when it involves operating businesses, case studies and books on the reasons that few businesses survive and flourish for several generations, and modern business planning structures to ensure that their clients’ businesses have a better chance of longevity and success through the generations. This candid presentation will focus on critical issues and factors in family business succession planning, a realistic view on current thinking and planning, and potential innovative and new age business models and structures.

Section Events

    Section 2704 Regulations – A Further Analysis and Action Steps


    The section 2704 regulations were released by the Treasury Department on August 3. The approach and breadth of the regulations surprised many estate planners. Our panelists will review the proposed regulations and the implications for past, current, and future planning. Topics they will cover ...

    The Digital Revolution: RUFADAA and Planning with Digital Property


    This program will highlight new developments in estate planning. The panel will present the latest non-tax hot topics and update attendees on issues relating to the revised uniform law concerning digital assets. Ownership, protection and transfer of digital assets has been an area where controversy ...

    Did You Think That Through?: The Pros and Cons of Including Arbitration Clauses in Business Contracts


    Most transactional lawyers (and their clients) assume that arbitration will reduce the cost, risk and time involved in resolving legal disputes, and will result in a fairer outcome than they would receive from a judge or jury. As a result, arbitration clauses are routinely included in business contracts. ...



Bass, Carole
Mejia, Paulina
Tritt, Lee-ford


Dungey, Marissa
Malviya, Raj
Ounanian, Melineh

Committee Roster  

Modified by Adam Bielawski on July 18, 2014

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