ESTATE PLANNING COUNCIL OF SAN DIEGO

Topic:

Trust Protectors: Guardians of the (Trust) Galaxy
Speakers: Jenny Bratt & Matthew Owens

Take a dive into the role of Trust Protector. When should it be employed and how does it differ from similar fiduciary roles? Who should be appointed to the role and why?

Jenny Bratt | Lawyer
 

M Jenny's practice is focused on US and international estate and income tax planning, trusts and estates administration, family and closely-held business planning and charitable planning and exempt organizations.

She advises US individuals who own foreign assets on the manner in which such assets should be structured as well as their US tax compliance obligations. She routinely employs transfer tax mitigation techniques such as intentionally defective grantor trusts, grantor retained annuity trusts, irrevocable life insurance trusts, and family limited partnerships, among others.

Jenny regularly advises clients with the creation and administration of closely-held family businesses, from choice of entity issues, to the design and implementation of limited partnerships and limited liability companies, structuring tax-efficient wealth transfers and addressing income tax solutions arising from investments and operating businesses.

She also advises clients in planning and implementing charitable gifts including structuring such gifts through charitable remainder trusts and charitable lead trusts. She can also assist clients with the formation of private foundations and private operating foundations and advise such clients on issues that arise in the administration of such entities.

Jenny is certified as a specialist in estate planning, trust, and probate law by the State Bar of California Board of Legal Specialization. She serves on the Executive Committee of the Trusts and Estates Section of the California Lawyers Association, and was involved in the passing of the California Uniform Trust Decanting Act effective January 1, 2019. She is a fellow in the American College of Trust and Estate Counsel (ACTEC).

Matthew Owens | Lawyer

Matt is a partner in the trust and estate litigation team at Withers Bergman LLP. Matt focuses his practice on trust, estate and inheritance disputes. He has prosecuted and defended a wider range of matters in probate court, including trust contests, elder abuse actions, accountings, contested conservatorships and claims involving breach of fiduciary duty.

His clients include high net worth individuals and families, corporate trustees, and private professional fiduciaries.

Matt has successfully handled numerous trials and arbitrations of trust and estate disputes. He has also handled many appeals, including the following cases that resulted in published opinions:

• Funsten v. Wells Fargo Bank N.A. (2016) 2 Cal.App.5th 959
• Dunlap v. Mayer (2021) 63 Cal.App.5th 419

Matt is a certified specialist in estate planning, trust, and probate law by the State Bar of California Board of Legal Specialization. He frequently speaks and writes on trust and estate litigation topics, is a member of the Executive Committee of the Trusts and Estates Section of the California Lawyers Association (TEXCOM), and serves as Chair of the Executive Committee of the San Diego County Bar Association's Estate Planning, Trust, and Probate Law Section. Matt is also a registered foreign lawyer in the UK.

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