Planning for Assisted Reproductive Technology (D) Silver Lining Playbook for Difficult to Administer Trusts (W)

Date: Thursday, January 9, 2014
Time: 05:30 PM - 8:00pm
Location: The Bankers Club of Miami - One Biscayne Tower, 2 South Biscayne Blvd., 14th Floor
Speaker: Paul Roman (Dinner) Barry Givner (Workshop)

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Dinner Sponsored By: Best Care

Dinner Summary

Planning for Assisted Reproductive Technology

Paul’s presentation will address issues presented by the increase in the number of children conceived with the assistance of assisted reproductive technology (“ART”).  Included will be a review of relevant Florida probate and family law statutes as well as statutes from other jurisdictions and the Uniform Probate Code.  In addition to a description of the means and methods being employed, the presentation will cover Will and trust drafting and administration issues created by the presence of ART children in a family, including multi-generational trusts.  The work of the ad hoc RPPTL sub-committee looking into these issues will be shared, along with indications of possible directions in which Florida law may evolve.  A substantial portion of this presentation is based on a presentation that was made at the RPPTL Committee's 2013 Probate Law Seminar held in Tampa last February.

Paul Roman concentrates his practice in Wills, trusts, and estates, including estate and fiduciary tax planning, estate planning and administration, and planning for distributions from qualified plans and IRAs.  He is the immediate past president of the East Coast Estate Planning Council; a past president and president-elect of the Greater Boca Raton Estate Planning Council; and a member of the Executive Council of the Real Property, Probate and Trust Law Section, where he is co-vice chair of the Professionalism and Ethics Committee, and a vice chair of the Ad Hoc Estate Planning Conflicts Committee, and a former chair of the Attorney/Trust Officer Liaison Conference.  Paul is admitted to practice in Florida; New York; Massachusetts and before the U.S. Tax Court.  A graduate of the Syracuse University College of Law, Paul received an LL.M. in taxation from the Boston University College of Law. 

Workshop Summary

Silver Lining Playbook for Difficult to Administer Trusts 

This presentation given from the perspective of a Corporate Fiduciary discusses the importance of open communication between the planner and client during the drafting process. Examples are given of the type of drafting that creates administrative issues which may result in increased liability for the Trustee and additional angst between Trustees and Beneficiaries. Drafting solutions to these examples are covered.

Barry Givner is currently the Senior Vice President and Sr. Wealth Strategist for First National Bank of South Miami’s Trust and Wealth Management Department focusing on growing this division by providing clients and prospects with Trust and Wealth Management consulting and guidance in coordination with their Trust and Estate Planning professionals. Barry has over 27 years in the Trust and Wealth Management field holding Trust leadership positions in such organizations as NationsBank,  Merrill Lynch Trust Company, and Sun Trust Banks to name a few. Barry has overseen Trust Administration, Trust Compliance and Trust Business Development while acting in the capacity as Sr. Trust Officer during his career. He holds a BBA in Accounting from the University of Miami and attended Cannon Trust School. He is currently the President elect of the Estate Planning Council of Greater Miami and was elected by his peers to the Florida Bankers Associations Executive Committee in the Trust , Asset Management and Private Banking Division from 2008 to 2010.   

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