Ethical and Practical Considerations inRepresenting the (Un)Happily Married


Seminar D
March 4, 2023
New Orleans, LA

Estate planners often encounter challenging issues when representing married couples. This session considered an even more challenging scenario: the (Un)Happily Married Couple. They addressed practical and ethical considerations in representing once happily married couples who may now be headed towards divorce. In particular, the panelists discussed best practices for engagement letters, withdrawal from representation, and the feasibility of retaining either spouse as a client in the event of divorce. The panelists also addressed questions related to transfer planning, including: When a married couple’s trust planning is done and a marriage dissolves, are the trust assets accessible or off limits in divorce? We’ll examine what types of trusts, trust provisions, trust history and trust administration make trusts more vulnerable to attack in divorce. We’ll explore how attorneys can minimize future conflict between a couple, ameliorate surprising tax consequences and reduce their potential liability if clients get divorced.

Speakers: Sharon Klein and Professor Elizabeth R. Carter

Materials | Audio Recording

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