Publications
How New Trust Laws Are Leaving Wealthy Families Unprotected
A new generation of trusts where beneficiaries may never learn of their interests, trustees face minimal liability for mismanagement, and family businesses can be gutted without legal recourse. These aren’t hypothetical risks—they’re features explicitly authorized by state law.
The erosion of fiduciary duties represents a critical moment for trust law and family wealth planning. Whether this moment leads to the collapse of trust as a meaningful legal instrument or to the evolution of more sophisticated, resilient governance structures will depend on the choices made by settlors, trustees, beneficiaries, and policymakers in the coming years.
Lifting The Veil: Art Deals, The Bank Secrecy Act And The Need For Art Fiduciaries
The use of the art market to launder drug money; and, how the government is dealing with the issue by extending the reporting requirements of the Bank Secrecy Act to the art and antiquities market. The reporting requirement is a sharp departure from the otherwise confidential art market and will require artists and collectors to change their mindset when buying and selling art. Indeed, this change, the proposed changes in the U.S. tax laws and the emergence of non-Fungible Tokens (NFT) is prompting a sea change in how fiduciaries manage these assets during lifetimes and after death.