Pre And Post Nups, Pfannenstiehl And More: Family Business And Divorce
Robin Lynch Nardone, partner in Burns & Levinson’s LLP Private Client and Divorce Groups, and Clifford Cohen, partner in Burns & Levinson LLP’s Private Client and Trust & Estate’s Groups, will discuss planning ahead of (and after) marriage for family members who have ownership interests in a family business, particularly from a Massachusetts viewpoint. Consideration will be given to pre- and post-nuptial agreements and the differences between them, possible treatment of such interests when a marriage fails without such an agreement in place, and the use of trusts holding such interests for both active participants and future inheritors. Particular attention will be given to the recent cases of Pfannenstiehl v. Pfannenstiehl, in which the Massachusetts Appeals Court upheld a judge’s finding that in interest in a spendthrift trust was includable in the marital estate, and Ansin v. Craven-Ansin, in which the Massachusetts Supreme Judicial Court set forth the requirements for enforceable post-nuptial agreements.
About the Presenters:
Robin M. Lynch Nardone, Burns and Levison LLP is a Partner in the Firm’s Divorce and Family Law Group. She specializes in family law litigation and mediation. In her litigation practice she specializes in handling high net worth divorce, high conflict custody /parenting disputes, same-sex marriage and divorce issues, paternity actions, removal cases, child support and alimony actions, as well as adoption.
Clifford R. Cohen, Burns and Levinson LLP is Chairman of the Firm’s Trusts & Estates Group and Co-Chair of the Private Client Group. Mr. Cohen concentrates his practice in estate planning, trust law, and estate administration. He advises clients in planning the disposition of their own estates as well as those who are serving as fiduciaries or are beneficiaries. He has extensive experience with transfer tax issues and expertise in the related estate planning techniques used to minimize such taxes, as well as all aspects of probate and related fiduciary practices. He has assisted many owners, family members and fiduciaries in planning for the succession and transfer of interests in closely-held businesses.