Tax Considerations in Trust and Estate Dispute Resolution and Trust Modifications


Disputes involving trusts and estates often trigger complex income and transfer tax consequences. This session will explore the distinct tax implications that arise in the context of trust and estate disputes and dispute resolution.  Whether resolving a will contest, fiduciary breach, or trust dispute, the structure of a settlement can significantly affect the allocation of tax liabilities—and the overall value of the resolution to the respective parties. Panelists will address key tax considerations in structuring settlement agreements, including income tax, estate tax, gift tax, and generation skipping transfer tax (GST).  Attendees will gain practical insights into how strategic tax planning can prevent unintended shifts in tax burdens and optimize settlement outcomes.