On January 28 at the 2010 Heckerling Institute on Estate Planning, professor Jeffrey Schoenblum presented a session on forum shopping opportunities for the estate planner. Schoenblum stated that estate planning lawyers have a duty to consider the application of different governing laws for different estate planning issues and should consider a variety of options. Although professor Schoenblum indicated that there was no single rule for determining which state law applies, he outlined the main categories in connection with trusts: validity of transfer into the trust, the formal validity of the trust, substantive validity of the trust, construction, and administration and effects.
See also the American Bar Association's Heckerling Institute reports.
Posted by Jenny Robertson, Associate Editor, Wealth Strategies Journal.
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