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In The plaintiffs purchased two life insurance policies that were to become assets of two irrevocable life insurance trusts. Some time later, the plaintiffs discovered defects in the trust instruments and related documents that could result in increased estate and gift tax liability in the future. The plaintiffs brought the Chapter 93A claim against the defendants for this potential liability. The Court granted the defendants' motion for summary judgment, holding that the plaintiffs' alleged damages are too speculative to be actionable. The Court adopted the defendants' argument that estate and gift taxes are subject to calculation only at the time of death, and that this calculation is subject to a number of variables (e.g., the value of the decedent's estate; the nature and amount of any deductions, credits and exemptions that may be available in the estate; the state or jurisdiction in which the estate is located; the applicable federal and state estate tax laws in force at the time; the decedent's marital status; and the identity of the beneficiaries of the estate). As the Court explained,
"[h]ere, even assuming that there are no changes in the [plaintiffs'] personal circumstances and the size of their estates at the time of their future deaths, the court can make no such assumptions with respect to the federal and state tax statutes that may be in effect. . . . [T]he court is not in a position to divine the future intent and/or actions of Congress or to make such a prognostication."
Kaitlyn (Katie) Sapp co-presented on "Updates in Probate Law and Practice" at the Massachusetts Bar Association's Ninth Annual Probate Law Conference on November 8.
Margaret Meehan, Tiana Gianopulos and Alexis Gettier collaborated on an article, "New Direction: The Connecticut Uniform Directed Trust Act" for the Quinnipiac Probate Law Journal.
Mark Romance authored an article, "Five Tips for Representing a Non-Party Served with a Document Subpoena: Welcome to the Party?," published by the American Bar Association Section of Litigation.
Mark A. Romance authored an article, "Five Tips for an Effective Mediation Statement," which was published by the American Bar Association, Section of Litigation.
New Jersey Office Managing Partner Paul Marino was featured in Capital Analytics Associates' Invest: North Jersey article, "Maintaining the Emphasis on Diversity, Equity and Inclusion."
Six Boston-based Individual Clients Department Day Pitney attorneys were named to Boston Magazine's Inaugural Top Lawyers of 2021 List.
Adam Myron, senior counsel resident in Day Pitney's West Palm Beach office, is running for judge in south Florida.
Alisa Hacker was appointed to the Boston Bar Association Virtual Hearing Resource Guides Probate Team.
Day Pitney's Michael Napoleone has been appointed to the Palm Beach County League of Cities board of directors.
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