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Trust Protectors and Their Role in Trust Administration

Product Code - TMA25
Speaker(s): Gideon Rothschild, Moses & Singer LLP and Mitchell M. Gans, Hofstra University School of Law
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Borrowing from the offshore trust world, many practitioners incorporate the appointment of a protector (or advisor) to provide for future flexibility. This session explores what fiduciary obligation protectors and advisors have, statutory provisions and case law relating to protectors as well as drafting suggestions.

Presentation Objectives:

The objective of this webinar is to provide participants with an understanding of the benefits and issues arising from the use of trust protectors. Highlighted topics include the following:

1. What is a trust protector and its origins

2. What are the uses for trust protectors and advisors

3. Is the protector’s power a fiduciary or personal power

4. What are the rights and duties of the protector

5. Statutory and judicial developments

Educational Objectives:

As a result of attendance at this program, attendees will be able to:

• Understand the origin of trust protectors and how their role has evolved

• Explain to clients the appropriate use of a trust protector

• Incorporate protector provisions into their trust documents

• Advise trust protectors on their powers and responsibilities

• Make use of the latest developments in the law of trust protectors

Gideon Rothschild, Moses & Singer LLP and Mitchell M. Gans, Hofstra University School of Law

Mitchell M. Gans is a Professor of Law at Hofstra University School of Law, where he is the Steven A. Horowitz distinguished professor in taxation. He is also an Adjunct Professor of Law at NYU Law School. He is an Academic Fellow at ACTEC and is the Academic Editor of the ACTEC Journal.

Professor Gans is the Academic Chair for the Advisory Committee to the New York State Legislature on the adoption of the Uniform Trust Code. Along with Jonathan Blattmachr, he is the co-author of The Circular 230 Deskbook. He has also authored numerous law review and journal articles. He has taught eight-week courses in transfer taxation for IRS Chief Counsel on behalf of the NYU Law School.

Gideon Rothschild is a partner in the New York City law firm of Moses & Singer LLP, where he co-chairs the Trusts & Estates and Wealth Preservation Group. He focuses his practice in the areas of domestic and international estate planning techniques for high net worth clients and is a nationally recognized authority on wealth preservation and offshore trusts.

Mr. Rothschild is a member of the Advisory Boards of BNA's Tax Management and Trusts and Estates. He is a Fellow of the American College of Trust and Estate Counsel and Academician of the International Academy of Trust and Estate Lawyers.

He served as the Finance Officer of the American Bar Association’s Real Property, Probate and Trust Law Section (2007-2010) and Chair of its International Estate Planning Committee (2002-2004) and Committee on Asset Protection Planning (1997-2002), Chair of the New York Chapter of the U.K. based Society of Trust and Estate Practitioners (STEP) (2008-2010), and is a member of the New York State Bar Association.

Mr. Rothschild is the co-author of the soon-to-be published third edition of the Bureau of National Affairs' Tax Management Portfolio on Asset Protection Planning, No. 810-3rd. He has also authored numerous articles for publications including the New York Law Journal, Trusts and Estates and Estate Planning.

He is an Adjunct Professor at the University of Miami Law School Graduate Program and has lectured frequently to professional groups including the University of Miami’s Philip Heckerling Institute, the New York University Federal Tax Institute, the New York State Bar Association, the American Bar Association, the Southern Federal Tax Institute and the American Institute of Certified Public Accountants. Mr. Rothschild has been designated as a Distinguished Estate Planner by the National Association of Estate Planners and Councils and has earned the distinction of being listed in Chambers USA, Best Lawyers in America, New York Superlawyers (Top 100 in New York City) and Worth’s Top 100 Lawyers. Mr. Rothschild is also licensed as a Certified Public Accountant.