Wednesday, March 30, 2011
The ABA Section of Real Property, Trust and Estate Law is sponsoring a 90-minute teleconference and live audio webcast entitled Same-Sex Spouses, Partners and Adult Adoptions: Trust Administration Issues with Beneficiary Relationships on April 5. The program information is below:
This program will discuss fiduciary and trust administration issues when a beneficiary has a same-sex spouse or partner.
The program will address:
How recognition of a beneficiary’s marital status and descendants can affect the trustee’s powers and duties in the context of UTC and common law principles, state support obligations and the settlor’s intentions. Because the laws recognizing same-sex marriage differ by jurisdiction and the federal DOMA allows a state to disregard same-sex marriages, a trustee may face conflicting rules when a trust is sitused in one state and has beneficiaries residing elsewhere;
Two high profile adult adoption cases, one of which was a substitute for gay marriage. Issues include challenges to recognition as descendants and interpretation of trust language;
Various ways attorneys and fiduciaries can mitigate litigation risks as they navigate the complex and changing legal landscape of laws governing nontraditional relationships.