On September 8, 2013, Davenport Evans attorney P. Daniel Donohue spoke at the American College of Trust and Estate Counsel (ACTEC) Rocky Mountain Regional Meeting in Vail, Colorado. Donohue has lectured on various estate planning, trust administration, trust situs and private trust company topics at programs across the United States, including American Bar Association meetings, the University of Notre Dame Tax and Estate Planning Institute, the University of Miami Heckerling Institute on Estate Planning, the New York City Estate Planning Council, the Minnesota Probate and Trust Law Section’s Annual Conference, and Regional and National Meetings of the American College of Trust and Estate Counsel. His presentation in Vail was entitled “Decanting – The Ultimate End Run”. Trust decanting involves a trustee’s distribution or transfer of assets from one trust to a second trust where the second trust includes provisions different from the first trust. Decanting is now authorized by statute in 21 states and may be used to modify the terms and provisions of irrevocable trusts.
The American College of Trust and Estate Counsel meeting was attended by approximately 75 attorneys from the Rocky Mountain region which includes the states of South Dakota, North Dakota, Montana, Wyoming, Idaho, Utah, Colorado, and New Mexico. Duncan Osborne, current ACTEC President, spoke on asset protection planning and in his remarks indicated that South Dakota trust laws were among the best in the United States.
Donohue’s practice involves estate planning with an emphasis on trust administration. He is a Fellow of the American College of Trust and Estate Counsel, currently serving on the College’s Board of Regents, and the American College of Real Estate Lawyers. He also serves as a member of the South Dakota Governor’s Task Force on Trust Administration Review and Reform.
Davenport, Evans, Hurwitz & Smith, LLP, located in Sioux Falls, South Dakota, is one of the State’s largest law firms. The firm’s attorneys provide business and litigation counsel to individuals and corporate clients in a variety of practice areas. For more information about Davenport Evans, visit www.DEHS.com or call 605-336-2880.