The ethics forum this year will revisit the very successful topic from last year’s forum, the ethical implications of trust modification. Trust modification has been a recent phenomenon and there are ethical issues lurking that all planners should consider. To whom, if anyone, do we owe duties of loyalty or duties of care? Should we be concerned that the trust grantor may have thought the term “irrevocable” has a different meaning today than, perhaps, when the instrument was created? Should the issues be considered differently by lawyers advocating for a client, than other advisors on an estate planning team? In our analysis, we plan to present a case study followed by an exciting panel discussion.
Richard Bell, Planning Capital Management
Rick is President and Founder of Planning Capital Management Corporation. Drawing from his experience as a Financial Advisor he developed the organization specifically to provide no boundary wealth management strategies to meet its client goals. Rick’s experience came from working with a National Brokerage firm where he provided investment strategies and asset management solutions to high-net-worth private clients, institutions and non-profit foundations. Later he joined an independent firm where he helped to develop this, predominately insurance and estate planning, boutique into a wealth management firm.
Leanne M. Evans, CFP®, Alex. Brown
Leanne is an Assistant Vice President with Alex. Brown. She advises clients on their wealth management needs, specializing in estate and financial planning, wealth transfer, and charitable planning. Leanne provides her clients we customized solutions that are tailored to each client’s individual situation. She is a CERTIFIED FINANCIAL PLANNER™ professional and currently sits on the board of the Philadelphia Estate Planning Council.
Samuel T. Freeman, III, Freeman's
Mr. Freeman, with over 30 years of professional experience with finance, insurance and technology, joined Freeman’s in 2005 to develop the Trusts & Estates department’s service offerings. In addition to being the face of Freeman’s in Philadelphia and the eastern seaboard, he received his B.S. from Ithaca College. As Senior Vice President, he brings a solid understanding of managing delicate relationships. Mr. Freeman frequently represents Freeman’s on panel discussions about family business and high-net worth client management. He was a board member of the Philadelphia Estate Planning Council for over 10 years as well as being an active member of estate planning councils around the mid-Atlantic region. Mr. Freeman is a current member of the Board of Trustees for the Arch Street Meeting House Preservation Trust.
Paul C. Heintz, Esq., Obermayer Rebmann Maxwell & Hippel, LLP
Mr. Heintz is a partner in the Philadelphia firm of Obermayer Rebmann Maxwell & Hippel, LLP. He is a former Chair of the Probate and Trust Law Section of the Philadelphia Bar Association, a member of that association's Professional Guidance Committee, which issues opinions on ethics questions, and authored an ethics column for the association's Orphans' Court Newsletter. He is a Fellow, and formerly served on the Board of Regents of The American College of Trust and Estate Counsel (ACTEC), and has served as ACTEC's Pennsylvania State Chair. Mr. Heintz frequently lectures on the Rules of Professional Conduct. He is included in The Best Lawyers in America and Pennsylvania Super Lawyers.
Melinda G. Rath, Glenmede
Melinda G. Rath is a Wealth Advisor and Relationship Manager in Glenmede’s Philadelphia office. In her role, Ms. Rath partners with other estate planning professionals to provide tailored advice and guidance in the areas of wealth transfer, fiduciary services, financial, estate and charitable planning/management.
Bradley D. Terebelo, Hecksher Teillon Terrill & Sager, P.C.
Brad Terebelo's practice involves all aspects of trust and estate planning and administration, focusing extensively on trust administration and fiduciary litigation. Brad has spoken and written on issues concerning trust modification and change of situs. He presented at the Pennsylvania Supreme Court Orphans' Court Rules Committee concerning representation of minor, unborn and unascertained beneficiaries in trust proceedings. Brad serves as current chair of the Litigation Committee of the Philadelphia Bar Association's Probate and Trust Law Section, for which he authors a quarterly article concerning recent developments in fiduciary litigation.
Glenn A. Henkel, Esq., Kulzer & DiPadova, P.A.
Mr. Henkel is a shareholder in the firm Kulzer & DiPadova, Haddonfield NJ. His particular areas of expertise include complex estate planning, tax-exempt organizations and Probate, Trust and Estate Law. Mr. Henkel is a Fellow of the American College of Trust and Estate Counsel and has published articles in national tax journals and he lecturs extensively to groups of lawyers, accountants and estate planners. He is the author of New Jersey Estate Planning Manual: Theory, Practice & Forms – 2007 (with Steven K. Mignogna and Gerard G. Brew). He was an editor and a contributing author and editor of New Jersey Estate and Trust Litigation: 2nd Edition – 2012 (by Steven K. Mignogna) and New Jersey Probate Procedures Manual – 2009 (by Gerard G. Brew) all published by the New Jersey Institute for Continuing Legal Education (available at www.NJICLE.com). Mr. Henkel has been named a Super Lawyer and Best Lawyers in America and has received numerous awards from professional organizations for his work in estate planning.
Two Education Credits for CLE-Ethics (PA Only), Insurance (PA Only), CFP (non-Ethics), CPA (PA Only), PACE and CTFA will be offered.