Brown Bag Lunch – December 20, 2022

  • March 04, 2023
  • Rebecca Kennedy, Adair Goldblatt Bieber LLP

OBA Trusts and Estates Section members gathered in December for the final Brown Bag Lunch of 2022. Despite being in the thick of the holiday season, attendees still came ready to share their thoughts and experiences with their fellow estates practitioners.

The first topic of discussion concerned whether a minor can hold title to property. Although the consensus seemed to be that minors can be on title to a property, several BBLers shared that they have encountered difficulties with actually achieving it. There did not appear to be a clear solution to this issue, but attendees appreciated the ability to confirm their understanding of the matter in order to hopefully address it more easily going forward.

One BBLer raised a question about the other attendees’ practices with mutual Will agreements between spouses. Some members shared that they do not do mutual Will agreements at all, while others indicated that they typically do not recommend them, but will prepare them upon client request. BBL’ers who do prepare mutual Will agreements shared that they will typically offer some other options to deal with a client’s concerns (e.g. a spousal trust) and report fully to clients about the strengths and weaknesses of using a mutual Will agreement. Some BBL’ers also ensure comprehensive financial disclosure by both parties.