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Section | Probate and Estate Planning

Probate & Estate Planning Section Meeting

Tax Issues When Settling a Trust or Estate Dispute

Ryan J. Szczepanik | Hartog Baer & Hand, APC
Brandon Spivak | Hartog Baer & Hand, APC

Many trust and estate lawyers agonize when the topic of taxes arises in negotiating a settlement. The purpose of this presentation is to introduce trust and estate litigators to the relevant tax laws so they can be sensitive to these issues when guiding their clients through settlement of a trust or estate dispute. Most disputes end in a negotiated settlement. This presentation will discuss the tax laws that the presenters anticipate will be implicated in a trust or estate dispute; the factors the IRS and a federal court will apply to determine whether to respect a settlement agreement, and the principles that have emerged from the relevant case law; the scrutiny the IRS will give to the pleadings, discovery, and settlement documents as it decides whether to respect the tax related provisions of a settlement agreement; and strategies the lawyer may employ to impact that decision.

1.0 CLE | General

Brown Bag Lunch


Mee Mee Wong | Email
Kirsten Ross | Email

04/17/2019 12:00 PM 04/17/2019 1:30 PM America/Los_Angeles Probate & Estate Planning Section Meeting Tax Issues When Settling a Trust or Estate Dispute Vasquez Estrada & Conway LLP, 1000 4th St. #500, San Rafael, CA, 94901 Marin County Bar Association false MM/DD/YYYY


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Date and Location

Wednesday | April 17, 2019

Vasquez Estrada & Conway LLP
1000 4th St. #500
Conference Room
San Rafael, CA 94901

Speaker Information

Ryan J. Szczepanik

Hartog Baer & Hand, APC

Mr. Szczepanik is a California Certified Specialist in Estate Planning, Trust and Probate Law. He focuses his practice on trust and estate litigation. He has tried numerous matters in both California and federal courts.
After graduating law school in 2003, Mr. Szczepanik spent nine years at large law firms in San Francisco, Atlanta, and Philadelphia litigating trust, estate, and business disputes. He has been admitted to practice in California, Georgia, Pennsylvania, and New Jersey.
Mr. Szczepanik presented on “Handling Disputes to Fiduciary Accountings” to the California Society of CPAs in August 2018. He presented on “How to Navigate a Planner’s Minefield” at the California Lawyers Association’s 26th Annual Estate and Gift Tax Program in March 2018. He presented on “Private Judge Trust Litigation Trials” at the Silicon Valley Bar Association’s April 2016 Education Committee meeting; the East Bay Trusts & Estates Lawyers’ April 2015 Litigation Committee meeting; and the San Francisco Bar Association’s Trust & Estate Litigation Section November 2015 CLE program. He presented on “Statutes of Limitation and Creditors’ Claims” at the East Bay Trusts & Estates Lawyers’ September 2013 Probate Litigation Boot Camp.
He is an author of the chapters “Trusts: Creation, Validity, and Trust Contests” and “Trust Property Disputes” in Matthew Bender’s publication California Forms of Pleading & Practice. He authored the article “Forging into Uncharted Territory with the Law on Abuse of Dependent Adults” in the April 2014 edition of the Contra Costa Lawyer Magazine. Mr. Szczepanik has published numerous articles on alternative dispute resolution issues.
Mr. Szczepanik is the Secretary of the East Bay Trusts & Estates Lawyers. He is a Member of the Litigation Subcommittee of the Trusts and Estates Section of the California Lawyers Association. He is a delegate to the Conference of California Bar Associations.
Mr. Szczepanik is a 1999 graduate of Amherst College and a 2003 graduate of Emory Law School. While a law student, he received the Dean’s Award for Trusts & Estates.

Email | Website

Brandon Spivak

Hartog Baer & Hand, APC

Brandon L. Spivack specializes in tax and estate planning. Mr. Spivack also has significant experience assisting clients with trust administrations and probates. He helps clients develop business succession plans, execute estate freezes, and address a variety of tax issues, including property tax and income tax planning. Mr. Spivack drafts sophisticated estate plans incorporating advanced tax techniques, such as intentional trusts, charitable trusts, and qualified personal residence trusts.

Mr. Spivack received his Juris Doctor from the University of Miami School Law, cum laude; and received his LL.M degree from the Heckerling Graduate Program in tax and estate planning at the University of Miami School of Law. He has a B. A. in English, minor in business law, from the University of Miami. He is admitted to both the State Bar of California and the State Bar of Florida. Brandon is a Certified Specialist in Estate Planning, Trust, and Probate Law by the California State Bar, Board of Legal Specialization.

Prior to joining Hartog, Baer & Hand, Mr. Spivack practiced at an established law firm in Southern California. Mr. Spivack is affiliated with the East Bay Trusts and Estates Lawyers organization and a member of the Contra Costa County Bar Association. Mr. Spivack authored several articles relating to tax and estate planning, and has made tax and estate planning presentations to the NBI Institute of professionals.

Email | Website