Annual Holiday Party
Dec
3
5:00 PM17:00

Annual Holiday Party

It’s that time once again! Join us for our Annual Holiday Party. Just drop by or stay the entire time! Come network with estate planning colleagues and enjoy the festivity of the season.

Date/Time: Tuesday, December 3, 5pm - 7pm
Location: Mazzeo’s Ristorante, 1015 South Street, Pittsfield, MA
Enjoy: Appetizers, Desserts & Cash Bar
Fee: Free for members; $40 for nonmembers
Payable in advance via PayPal or mail check: Donna Turner, Smith Watson & Company, 7 North St., Pittsfield, MA 01201
RSVP: Tanya Haas: thaas@berkshirebank.com.

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Cannon Teleconference: Nuts and Bolts of Trust Terminations
Nov
13
12:30 PM12:30

Cannon Teleconference: Nuts and Bolts of Trust Terminations

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Location: 25 Main Street, Lenox, MA

12:30 - 1:00pm: Brown bag lunch and networking

1:00 - 3:00pm: Teleconference

The idea of bringing trust administration to a conclusion may seem to the Trustee like a relief – and, in many respects, it is. However, terminating a trust isn’t nearly as simple as merely distributing its assets (and even that may not be so simple) and walking away. Numerous details must be successfully navigated along the way, and, if they aren’t, unhappy beneficiaries will ensure sleepless nights for the Trustee. In this presentation, we’ll delve into the following:

  • Identifying and locating named or designated remainder beneficiaries

  • Properly allocating assets among and distributing them to the remainder beneficiaries

  • Income tax and generation-skipping transfer tax returns

  • Statutes of limitation on actions by beneficiaries and IRS against Trustee

  • Propriety of seeking releases from beneficiaries

Please RSVP. We look forward to seeing you.

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Oct
9
8:00 AM08:00

Seminar: Tax Issues to Consider for Elders

Don’t Miss This October 9 Seminar at the Pittsfield Country Club!

Registration and breakfast opens at 8:30 and presentation to start at 9.

Join us for an insightful session with Attorney Hyman G. Darling, a leading expert in elder law and estate planning, as he explores the critical tax issues that impact elder clients. This session will provide estate planning professionals with practical strategies for addressing tax complexities, ensuring compliance, and maximizing financial benefits for elderly clients.

RSVP to Marianne Fresia by October 3.

Presenter: Hyman G. Darling, CELA, Bacon Wilson, PC

Attorney Hyman G. Darling is a partner in the Western Massachusetts firm of Bacon Wilson, P.C., where he has practiced since 1981. He concentrates in the areas of Trusts, Estates, Taxes, Estate Planning, Probate, Guardianships, Special Needs and Elder Law. Prior to joining the firm, he was a Trust Officer. Attorney Darling has been a frequent presenter for both MCLE and the Massachusetts Bar Association as well as speaking for many Springfield civic and professional groups. He also has spoken for NAELA at many conferences. He is also an adjunct faculty member in the LLM Program at Western New England University– School of Law. Attorney Darling is a member of the Special Needs Alliance and is a member of many local planned giving committees and also is a Past President of the Hampden County Estate Planning Council. He is also a Past President of the National Academy of Elder Law Attorneys.

Sponsors

Law Office of Susan M. Smith, Esq.

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Seminar: Prudent Investor Rule
Sep
11
8:30 AM08:30

Seminar: Prudent Investor Rule

  • Berkshire Hills Country Club (map)
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Speakers James R. Loughman & Matthew R. Farkas present on the importance of the Prudent Investor Rule with the backdrop of the effect of the interest rate changes on the bond sector.

Join us Wednesday, September 11, 2024, 8:30am Breakfast; 9:00am - 10:30am program at the Berkshire Hills Country Club, 500 Benedict Road, Pittsfield, Mass.

RSVP below. Thank you!

Members: Free; Non-Members: $40.00. Payable in advance via PayPal (button below) or check to BCEPC c/o Donna Turner, Smith Watson & Company, 7 North Street, Suite 205, Pittsfield, MA 01201.

RSVP Marianne Fresia Here.

Thank you to our event sponsor!

James R. Loughman is a senior associate at Donovan, O’Connor & Dodig, LLP, with offices in North Adams and Pittsfield, Massachusetts, as well as Bennington, Vermont. A graduate of Amherst College and the University of Virginia School of Law, he has been with the firm since 1992, and is licensed to practice law in both Massachusetts and Vermont. A member of both the Massachusetts and Vermont Chapters of the National Academy of Elder Law Attorneys, James’ practice areas include estate and Medicaid planning and probate matters. He also serves on the Boards of a number of civic organizations, including the Adams Board of Library Trustees, the Adams Historical Society and the Susan B. Anthony Birthplace Museum, as well as the St. John Paul II Parish Council.

Matthew R. Farkas is a seasoned investment professional with over 18 years of industry experience and a proven track record of guiding clients toward their financial objectives. A cornerstone of the firm’s Investment Committee, Matt specializes in designing and implementing high-quality fixed income portfolios. Since joining St. Germain Investment Management in 2014, he has been instrumental in shaping the firm’s fixed income approach. Prior to St. Germain, Matt played a pivotal role in laying the foundation of a successful Pittsfield-based RIA, where he served as Vice President/Portfolio Manager. He also held the position of Investment Officer at Berkshire Bank Wealth Management, honing his portfolio management skills. His strong academic foundation, including a Master of Science in Investment Management from Boston University and a Bachelor of Arts in Economics from St. Michael’s College, complements his extensive industry experience. Matt holds the Chartered Financial Analyst (CFA) designation, a globally recognized standard of excellence in the investment profession. This rigorous credential signifies a deep understanding of investment analysis, portfolio management, and financial ethics. As a member of the CFA Institute and the CFA Society of Boston, Matt is committed to maintaining the highest professional standards.

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Cannon Teleconference: Marital Agreements from A to Z
Jun
11
12:30 PM12:30

Cannon Teleconference: Marital Agreements from A to Z

Cannon – Marital Agreements from A to Z

Marriage dissolution, and the financial obligations that often flow from it, has become so prevalent that a client’s planning for this possibility is sometimes nearly as important as his or her core estate planning instruments. Thus, marital agreements, especially among those who have been through divorce, are becoming a foundational component of some clients’ financial security. These agreements must be closely coordinated with the client’s estate plan. Of frequent concern in this area are:

·        What are essential requirements for all marital agreements

·        Tax issues to address in marital agreements

·        Spousal rights in retirement assets

·        Anticipating and handling marital issues with closely-held business interests

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Luncheon Seminar: Charitable Planning 2024 and Beyond
May
15
12:00 PM12:00

Luncheon Seminar: Charitable Planning 2024 and Beyond

Join us for this live seminar! Charitable Planning 2024 and Beyond.

Date: May 15, 2024; Time: 12:00pm registration/lunch; 12:30: presentation

Location: Proprietor’s Lodge, 22 Waubeek Rd, Pittsfield, Massachusetts

Presenter: Pamela R. Green, Esq., Smith Green & Holmes

During this presentation we will discuss a variety of issues related to charitable planning including:

  • how to properly draft charitable bequests in Wills and Trusts;

  • best ways to leverage IRAs for charitable gifts and bequests;

  • how donor advised funds can simplify planning and accomplish more complex charitable intentions;

  • charitable remainder trusts; and

  • estate administration issues relative to charitable bequests.

 We will also honor the memory of Virginia Stanton Smith.

RSVP to Marianne Fresia (button below). Free for Members! Non-members: $40. Pay via PAYPAL or mail a check: Donna Turner, Smith Watson & Company LLC, 7 North Street, Suite 205, Pittsfield, MA 01201. Thank you!

Presenter Biography

Pamela R. Green is a partner in the law firm of Smith Green & Gold, LLP in Pittsfield, Mass., where she concentrates her practice on sophisticated trust, estate and tax planning, estate administration, elder law and real estate. Pam was named to Boston magazine’s “Super Lawyers Rising Stars” list in 2013-2016 and was part of the inaugural class of young professionals named as “Berkshire County 40 Under Forty,” presented in 2016 by Berkshire Community College. Pam volunteers her time as vice-chair of the Pittsfield Economic Development Authority board of directors, general counsel for the Berkshire Scenic Railway Museum, and is the past board chair of the Berkshire County Estate Planning Council. She is a magna cum laude graduate of Western New England University School of Law, where she served as managing editor of the law review. Pam is also a cum laude graduate of The Catholic University of America in Washington, D.C., where she earned a bachelor’s and master’s degree in world politics.

Event Sponsor

Berkshire Taconic Community Foundation

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Cannon Teleconference: Deep Dive Into Disclaimers
Apr
9
12:30 PM12:30

Cannon Teleconference: Deep Dive Into Disclaimers

Join us for this Cannon Teleconference: Deep Dive Into Disclaimers

Date: April 9, 2024; Time: 12:30pm networking/brown bag; 1pm presentation

Location: Lee Bank Marble House, 102 West Park Street, Lee, Massachusetts

RSVP to Marianne Fresia (button below). Free for Members! Non-members: $20. Pay via PAYPAL or mail a check: Donna Turner, Smith Watson & Company LLC, 7 North Street, Suite 205, Pittsfield, MA 01201. Thank you!

Program

A disclaimer (otherwise known as a renunciation) is nothing more than an unqualified, irrevocable refusal to accept a transfer of property from another person. That simple definition, however, overlooks the complexities associated with the many different tax and nontax contexts in which the making of a disclaimer might be considered and what its results may be. In this session, we’ll closely examine many aspects of disclaimers, including: Differences in handling under state laws and federal tax law Estate planning uses – including formula disclaimers Special federal tax rules applicable to disclaimers by spouses Disclaimers of transfers at death versus disclaimers of lifetime gifts Effects of disclaimers on disclaimant’s creditors

RSVP to Marianne Fresia (button below). Free for Members! Non-members: $20. Pay via PAYPAL or mail a check: Donna Turner, Smith Watson & Company LLC, 7 North Street, Suite 205, Pittsfield, MA 01201. Thank you!

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NAEPC Webinar: The Fiduciary Era for Life Insurance
Mar
13
2:30 PM14:30

NAEPC Webinar: The Fiduciary Era for Life Insurance

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Join us for this NAEPC Webinar: The Fiduciary Era for Life Insurance at Berkshire Bank Wealth Management in Lenox.

Networking/snack at 2:30; Presentation at 3pm.

Speaker: Steven S. Zeiger, Managing Director at KB Financial

RSVP to Tanya Haas (button below). Free for Members! Non-members: $20. Pay via PAYPAL or mail a check: Donna Turner, Smith Watson & Company LLC, 7 North Street, Suite 205, Pittsfield, MA 01201. Thank you!

Program

The fiduciary era for life insurance began on February 1st, 2020, with the implementation of NYS DFS Reg 187. This Clients Best Interest Regulation was constitutionally affirmed on October 20th, 2022, by the NYS Court of Appeals. The CFP Board implemented its Fiduciary Standard related to life insurance on June 1st, 2020.

The NY Regulation and the Fiduciary Standard use fiduciary language — “care, skill, prudence, diligence of a prudent person” while evaluating “cost, performance and risk.” Ethically, the regulation applies in every state, the Standard applies in every state.

Reduce fiduciary risk Further your education and unwrap the black box of life insurance Help clients achieve better outcomes, further strengthen client relationships. Generate new HNW/UHNW client referrals Learn how to use independent research for life insurance just like you use independent research from Morningstar for investments.

Who should be interested in attending?

Fiduciaries have told us that they are:

1. Frustrated by life insurance broker conflict of interest and lack of transparency.

2. Concerned that the “full story" is not available with the typical life insurance illustration analysis.

3. Disappointed that they can’t figure out which policy will lead to a better outcome for their clients.

4. Uncomfortable working with insurance advisors who are not fiduciaries or who do not work under a clients best interests framework.

Do any of these issues listed above resonate with you?

Learning Takeaways

Learn why the current standard of care--"side by side" life illustration comparisons are now considered “misleading”, “fundamentally inappropriate” and unreliable according to guidance from industry regulators. Learn the information required for life insurance decision-support material that conforms to the fiduciary’s duty to exercise care, skill, prudence, and diligence. Recognize when life insurance product recommendations are in your client’s best interest (as defined by NY Regulation 187 and generally accepted fiduciary principles including the FPA Practice Standard). Learn how to compare life insurance illustrations to life insurance industry benchmarks- just as you compare investment performance to investment industry benchmarks such as the S&P 500 Index or the DJIA. The presentation is based on guidance from the UPIA, NYS DFS Reg 187, the OCC, FINRA and adjudicated lawsuits.

Presenter Biography

Steven serves as a Managing Director at KB Financial and has been asked to educate members of STEP, NAEPC, PLI, NYC EPC, the ABA, the CFA Society, FI 360/Broadridge and dozens of other groups on the application of prudent investor guidelines to life insurance product selection and portfolio management. These guidelines are based on established and proven asset management doctrine- benchmarking, analysis of cost, performance and risk, etc.. Steven helps fiduciaries guide their clients’ insurance decisions based on the only patented prudent process for life insurance selection and retention.

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Estate Tax Update
Feb
28
8:30 AM08:30

Estate Tax Update

Join us for this Seminar with Brad S. Papalardo, Senior Vice President, Chief of Government Affairs and Counsel at the Massachusetts Bankers Association (MBA).

Topic: Estate Tax Update

Date/Time: Wednesday, February 28: 8:30am breakfast; 9:00 speaker.

Where: Courtyard by Marriott, 70 Pittsfield Road, Lenox (Across from Lenox Commons)

Sponsor: Lee Bank

Brad S. Papalardo, Esq. Biography

Brad S. Papalardo is Senior Vice President, Chief of Government Affairs and Counsel at the Massachusetts Bankers Association (MBA). In that role, he is responsible for the execution of the Association’s state and federal legislative & regulatory efforts and agenda, managing MBA’s trust program, directing its financial education outreach, and serves as the manager and treasurer of Massachusetts Bankers PAC. Before joining MBA, Brad worked on Beacon Hill as the Chief Legal Counsel to the Majority Leader in the House of Representatives and prior to that role was General Counsel & Chief of Staff to the House Chair of the Joint Committee on Financial Services. Brad started his legal career as a Prosecutor with the Essex District Attorney’s Office.

RSVP to Marianne Fresia (button below). Free for Members! Non-members: $40. Pay via PAYPAL or mail a check: Donna Turner, Smith Watson & Company LLC, 7 North Street, Suite 205, Pittsfield, MA 01201. Thank you!

 

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Teleconference: Spousal Lifetime Access Trusts — A Fleeting Opportunity
Jan
23
12:30 PM12:30

Teleconference: Spousal Lifetime Access Trusts — A Fleeting Opportunity

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Join us on Tuesday, January 23 for our first teleconference of 2024!

Spousal Lifetime Access Trusts — A Fleeting Opportunity!

When:  Tuesday, January 23. 12:30—Bring your lunch! 1:00 - 2:30—Teleconference

Location:  Berkshire Bank Wealth Management, 25 Main St., Lenox, MA

RSVP:  Marianne Fresia. Click button below.

Fee:  Free for members; $20 for non-members. Pay via PAYPAL or mail a check: Donna Turner, Smith Watson & Company LLC, 7 North Street, Suite 205, Pittsfield, MA 01201. Thank you!

The Tax Cuts and Jobs Act brought historically high estate and gift tax exemptions.  With the seemingly inevitable “sunset” of the Act looming on the horizon, spousal lifetime access trusts (SLATs) have been widely promoted in recent years as the best “have-your-cake-and-eat-it-too” estate planning strategy out there. 

In this program, we’ll explore several aspects of the design, creation, and administration of SLAT, including:

  • Purpose

  • How best to fund to minimize estate risk

  • Current & future beneficiaries

  • Initial & successor trustees

  • Pitfalls to avoid

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Dec
5
4:30 PM16:30

Holiday Party

Join us for our Annual Holiday Party! We’ll network and enjoy the festivities of the season. There will be delicious appetizers, a dinner buffet and dessert. Cash bar.

Tuesday, December 5

Drop by anytime between 4:30pm - 7:00pm

RSVP to Marianne Fresia (button below). Free for Members! Non-members: $40. Pay via PAYPAL or mail a check: Donna Turner, Smith Watson & Company LLC, 7 North Street, Suite 205, Pittsfield, MA 01201. Thank you!

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Cannon Teleconference—Defusing Disaster
Nov
14
1:00 PM13:00

Cannon Teleconference—Defusing Disaster

Bring your bag lunch at 12:30pm, if you’d like.

This Teleconference is an IN-PERSON event at Lee Bank, 180 South Street, Pittsfield, Massachusetts.

Decedents sometimes leave an estate plan that creates more problems than it solves. Under the laws of most states, various judicial and nonjudicial options exist with which to repair estate planning defects after-the-fact. It is important to our practices that we have a comprehensive understanding of the following potential solutions:

  • Trust modifications, decanting, premature terminations, settlement agreements

  • Construing or reforming governing instrument language

  • Beneficiary waivers, releases and consents

  • Virtual representation

  •  Disclaimers or renunciations

 

Charles A. Redd

Charles A. ("Clary") Redd is a partner in the St. Louis office of Stinson LLP. Clary concentrates his practice in estate planning, estate and trust administration and estate and trust-related litigation. He is an elected member of The American Law Institute, a Fellow of The American College of Trust and Estate Counsel and an Adjunct Professor of Law at Northwestern University School of Law. He also serves as Co-Chair of the Editorial Advisory Board of, and writes a regular column in, Trusts & Estates magazine. He is listed in The Best Lawyers in America and is nationally ranked by Chambers USA in its “Wealth Management” category.

Turney P. Berry

Turney P. Berry is a Member of the Executive Committee and the Chair of Wyatt, Tarrant & Combs’ 22 lawyer Trusts, Estates & Personal Planning Service Team. Turney is a Fellow of the American College of Trust and Estate Counsel and the American College of Tax Counsel, a Uniform Law Commissioner and member of the Joint Editorial Board for Uniform Trust and Estate Acts, a Trustee of the Southern Federal Tax Institute and a member of the Advisory Council of the Heckerling Institute on Estate Planning as well as a Member of the Advisory Board of Trusts and Estates Monthly and a Vice-Chair of the Charitable Planning section for the ABA Section of Real Property, Trust and Estate Law. He is listed in Woodward/White’s The Best Lawyers in America®.

RSVP to Marianne Fresia (button below). Free for Members! Non-members: $20. Pay via PAYPAL or mail a check: Donna Turner, Smith Watson & Company LLC, 7 North Street, Suite 205, Pittsfield, MA 01201. Thank you!

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NAEPC Webinar: Designing and Implementing Estate Planning Structures with the IRS in Mind
Oct
11
3:00 PM15:00

NAEPC Webinar: Designing and Implementing Estate Planning Structures with the IRS in Mind

Presented by National Association of Estate Planners & Councils

The full title! Designing and Implementing Estate Planning Structures with the IRS in mind: Audit Triggers and Considerations Associated Therewith.

This Webinar is viewed IN-PERSON at Berkshire Bank, 25 Main Street, Lenox, Massachusetts.

Wednesday, October 11, 2023, 3:00pm - 4:00pm ET

Speaker: Alan S. Gassman, JD, LL.M. (Taxation), AEP® (Distinguished)

Designing and Implementing Estate Planning Structures with the IRS in Mind: Audit Triggers and Considerations Associated Therewith

Estate Planners must be aware of opportunities and risks involved in designing and implementing estate and estate tax plans. Risks include scrutiny by the IRS, Audit representation cost, and possible taxes, interest, and penalties that can be imposed when there is a disagreement over tax reporting or treatment of a particular strategy or entity or situation.

This intermediate presentation will review primary planning strategies, entities, and arrangements with a view towards how the IRS may treat various situations from an audit and tax interest and penalty stand point. The viewer will receive practical and technical guidance along with explanations of strategies and communications that can be important with respect to this subject matter.

RSVP to Tanya Haas (button below). Free for Members! Non-members: $20. Pay via PAYPAL or mail a check: Donna Turner, Smith Watson & Company LLC, 7 North Street, Suite 205, Pittsfield, MA 01201. Thank you!

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Live Seminar: Should I Stay or Should I Go?  Waiting for the Imminent Recession That Has Yet to Happen.
Sep
13
8:00 AM08:00

Live Seminar: Should I Stay or Should I Go? Waiting for the Imminent Recession That Has Yet to Happen.

  • Country Club of Pittsfield (map)
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We’re back! Join us for this live seminar: “Should I Stay or Should I Go? Waiting for the Imminent Recession That Has Yet to Happen” on September 13th. Registration & breakfast begin at 8:00am; program runs 8:30am - 10:00am. Bring a colleague at no charge: if they join BCEPC, they will have membership for the remainder of this year and 2024!

Presenter Kenneth J. Entenmann, CFA®, Chief Investment Officer & Chief Economist at NBT Bank, will discuss his views on how the Federal Reserve’s policy will impact the equity and fixed income markets and the potential for recession. Ken will also address how sticky inflation will be and its effects on the markets.

Our event sponsor is Berkshire Place, Pittsfield’s only Continuing Care Retirement Community (CCRC).

RSVP to Marianne Fresia (button below). Free for Members! Non-members: $40. Pay via PAYPAL or mail a check: Donna Turner, Smith Watson & Company LLC, 7 North Street, Suite 205, Pittsfield, MA 01201. Thank you!

Biography

Kenneth J. Entenmann, CFA®, Chief Investment Officer & Chief Economist, NBT Bank

Ken Entenmann is Senior Vice President, Chief Investment Officer and Chief Economist at NBT Wealth Management. Ken has more than 35 years of investment management experience and is a Chartered Financial Analyst. He earned his B.S. in Applied Economics and Business Management from Cornell University and his M.B.A. from the University of Rochester’s William E. Simon Graduate School of Business Administration. In his current role, Ken oversees more than $9 billion in assets under management and administration in trust, custody, retirement, institutional and individual accounts.

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Event Sponsor

As Pittsfield’s only Continuing Care Retirement Community (CCRC), those selecting Berkshire Place can take advantage a full continuum of care as their needs change. Start with us at any stage of our continuum — from at-home care, outpatient physical therapy, or senior independent living to skilled nursing care and rehabilitation or to long-term care and memory (dementia) care. The major benefit is that you can keep your trusted connections when you need additional services.

Our programs and services are designed to enhance independence, quality of life, dignity and well-being. Our new modern facilties offer a friendly and relaxing environment in which comfort and security are paramount. Respect for privacy and encouragement of individual choices reinforce the personal values of each resident and patient consistent with our century-long tradition of caring for the community.

Berkshire Place (and The Residences at 89 South) are small, independent, non-profit organizations overseen by a local Board of Directors, dedicated health care and business professionals from our community.

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Live Seminar: Taking Control
Jun
13
8:00 AM08:00

Live Seminar: Taking Control

Join us for this live seminar: Taking Control: Planning for Incapacity, Dispelling Myths, and Avoiding Pitfalls on June 13 at The Residences at 89 South, 89 South Street, Pittsfield. 8:00 check in; 8:30 program.

Presenters

Jennifer Carpenter of Cain Hibbard & Myers. Read bio here.

Mary Courtney of Courtney, Lee & Hamel. Read bio here.

RSVP to Marianne Fresia (button below). Free for Members! Non-members: $40. Pay via PAYPAL or mail a check: Donna Turner, Smith Watson & Company LLC, 7 North Street, Suite 205, Pittsfield, MA 01201. Thank you!

We’ll then take July and August “off” and come back with another in-person seminar on September 13.

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NAEPC Webinar: Updated Program: The Elegant Divorce
May
17
12:30 PM12:30

NAEPC Webinar: Updated Program: The Elegant Divorce

Join us at Berkshire Bank in Lenox for this in-person NAEPC replay webinar from 1:00pm - 2:00-pm. We can lunch and network from 12:30 - 1:00. Snacks provided.

This is a replay from the NAEPC’s May 10 Webinar. This is an in-person viewing event.

Speaker: Lisa M. Cukier, JD

Divorce of couples in the mid-life stage and age range of approximately 45-70 years of age is unlike divorce at any other age range because this demographic is at prime income earning and asset accumulation years, compensation is often a blend of cash and sophisticated alternatives, asset valuation tends to be complex and managing emotions related to empty nesting and the challenges of telling adult children and long-standing in laws about the divorce and managing the consequent family dynamics comes with heightened challenges.

The manner in which these divorces are handled is key to a successful outcome by which both spouses, their families, and succeeding generations are protected. These divorces can be handled with elegance if the lawyers involved use a negotiation mindset and take emotionally intelligent steps to prevent upticks in acrimony. An elegant process ensures an outcome by which the entire family can move forward without acrimony, taking sides, nor blame and anger. 

RSVP to Tanya Haas (button below). Free for Members! Non-members: $20. Pay via PAYPAL or mail a check: Donna Turner, Smith Watson & Company LLC, 7 North Street, Suite 205, Pittsfield, MA 01201. Thank you!

BIOGRAPHY

LISA M. CUKIER is a Partner, Co-Chair of the Private Client Group, and Chair of the Fiduciary Litigation Group at Burns & Levinson LLP in Boston. Her practice includes fiduciary representation, service as concierge trustee, trust and estate dispute resolution and litigation, guardianship and conservatorship litigation, grandparents visitation matters, and elder financial exploitation and undue influence matters, family crisis and family dispute resolution, sophisticated high end divorce, divorce impacted by family trusts and family business, blended family planning and litigation, mental health and addiction related legal interventions. Previously, Ms. Cukier was assistant general counsel for the Massachusetts Department of Mental Health and Department of Mental Retardation (now DDS). As Special Assistant Attorney General at DMR, she prosecuted disabled person abuse cases for the Disabled Persons Protection Commission. She is a past president of the Massachusetts Family and Probate American Inn of Court and is presently serving on its Board of directors, serves on the program planning committee of the Boston Probate and Estate Planning Forum and serves on the networking committee of the Boston Estate Planning Council. Ms. Cukier has been recognized with the Best Lawyers designation from 2010 – 2022, the SuperLawyers designation from 2005-2022, the Massachusetts Bar Association Community Service Award in 2005, a National Law Journal Trailblazer in 2017, the Women Worth Watching recognition in 2018, Top Women of Law in 2019, and sat on the WBA Women Leaders Initiative for the 2020/21 year. Ms. Cukier is a graduate of Northeastern University and Suffolk University Law School in Boston. Ms. Cukier is a single mother raising her two high school aged children in Weston Massachusetts

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Live Seminar: Navigating Nuances of Probate Court
Apr
26
8:00 AM08:00

Live Seminar: Navigating Nuances of Probate Court

Lisa M. McCormack, Judicial Case Manager, and Clement Ferris, First Assistant Register, will discuss real life case studies and options regarding such matters in an informative open discussion at this April 26, 8am - 10:30am seminar at the Hilton Garden Inn, 1032 South Street, Pittsfield.

RSVP to Marianne Fresia (button below). Free for Members! Non-members: $40. Pay via PAYPAL or mail a check: Donna Turner, Smith Watson & Company LLC, 7 North Street, Suite 205, Pittsfield, MA 01201. Thank you!

Our Presenters

Lisa McCormack has served the public for the past 8 years as the Judicial Case Manager with the Berkshire Probate and Family Court.  Prior to her appointment with the Court, Lisa worked as an attorney in the Litigation Department at Cain Hibbard and Myers with a diverse practice focusing on health law.  She is a graduate of Western New England University School of Law and received her bachelor’s degree from Smith College.

Clem Ferris First Assistant register of Berkshire Probate and Family Court December 1999 to present.

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NAEPC Webinar—Do’s and Don’ts of Estate Planning for Millennials
Mar
22
12:00 PM12:00

NAEPC Webinar—Do’s and Don’ts of Estate Planning for Millennials

This webinar is viewed IN-PERSON at the Marble House, Lee Bank, 102 W. Park St., Lee

Bag lunch starts at 12:00pm; program begins at 12:30pm. This is a replay of the May 2022 webinar.

Location: Webinar

Speaker: Christine S. Wakeman, JD

Millennials are taking over.  They now make up the largest living generation in the world and the largest portion of the United States workforce.  The first half of this presentation will provide you an overview of trends in education, employment, family, and marriage for Millennials. The second half of the presentation will provide the audience a list of specific DOs and DON’Ts of interacting with Millennials regarding their property, families, trusts, and philanthropy.  Along the way, participants will get some “milk” and learn certain tips regarding how to speak like and communicate with a Millennial.

Christine Wakeman is a shareholder in the Wealth Preservation Group at Winstead in Dallas Texas. She is fellow of the American College of Trusts and Estates Counsel (ACTEC) and is board certified in estate planning and probate law by the Texas Board of Legal Specialization. She focuses her practices on translating the complexities of the Internal Revenue Code, Texas Trust Code, and Texas Estates Code to a wide range of clients from stay-at-home parents, to teachers, to engineers, to corporate CEOs.

RSVP to Tanya Haas (button below). Free for Members! Non-members: $20. Pay via PAYPAL or mail a check: Donna Turner, Smith Watson & Company LLC, 7 North Street, Suite 205, Pittsfield, MA 01201. Thank you!

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NAEPC Webinar: The IRS Dirty Dozen
Feb
8
3:00 PM15:00

NAEPC Webinar: The IRS Dirty Dozen

Live In-Person Event: Presented by National Association of Estate Planners & Councils

The full title: 2023 IRS Civil and Criminal Tax Enforcement Priorities

This webinar is viewed at the Marble House, Lee Bank, Lee, Massachusetts

Wednesday, March 22, 2023

3:00pm - 4:00pm ET (Time TBD)

Speaker: Caroline D. Ciraolo and John D. (Don) Fort

This exciting and timely presentation will address the IRS “Dirty Dozen,” a variety of common scams that taxpayers may encounter anytime but that peak during filing season as people prepare their returns or hire someone to help with their taxes, enforcement priorities, international and cryptocurrency enforcement efforts, parallel proceedings, and best practices that all members should be aware of.

RSVP to Dan Stanyon (button below). Free for Members! Non-members: $20. Pay via PAYPAL or mail a check: Donna Turner, Smith Watson & Company LLC, 7 North Street, Suite 205, Pittsfield, MA 01201. Thank you!

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NAEPC—Hot Topics in Estate Planning (Finding Gems in the Ashes of the Dumpster Fire)
Jan
18
3:00 PM15:00

NAEPC—Hot Topics in Estate Planning (Finding Gems in the Ashes of the Dumpster Fire)

REPLAY: Presented by National Association of Estate Planners & Councils

Wednesday, January 18, 3:00pm - 4:00pm. Webinar is viewed IN-PERSON at Berkshire Bank, 25 Main Street, Lenox, Massachusetts.

Speaker: Paul S. Lee, JD, LL.M. (taxation), AEP® (Distinguished)

TCJA, COVID-19, and Congress have and will change everything we know as planners.  Significant tax code changes are on the horizon.  This presentation will discuss straightforward and innovative planning opportunities for families that best take advantage of both the “expiring” and “permanent” provisions of the tax law, with an eye toward anticipated changes to the future planning landscape.

RSVP to Dan Stanyon (button below). Free for Members! Non-members: $20. Pay via PAYPAL or mail a check: Donna Turner, Smith Watson & Company LLC, 7 North Street, Suite 205, Pittsfield, MA 01201. Thank you!

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Cannon Replay – Mechanics and Strategies for Resolving Trust Disputes
Nov
22
9:00 AM09:00

Cannon Replay – Mechanics and Strategies for Resolving Trust Disputes

Join us on November 22nd at 9:00am for a Cannon Teleconference—a replay of their September 20th event. Location: Berkshire Bank, 25 Main Street, Lenox. Light snacks provided.

A poorly conceived or sloppily designed estate plan can actually cause more problems than it solves. Fortunately, under the laws of most jurisdictions, various judicial and non-judicial options exist with which to remedy estate planning problems after-the-fact. A well-rounded estate planner not only needs to know how to create a high-quality estate plan that addresses a client’s needs but also should be facile with available methods to repair broken estate plans. This teleconference will focus on the following:

  • Using Virtual Representation

  • Beneficiary Waivers, Consents and Releases

  • Trust Modifications, Premature Terminations and Decanting

  • Identifying and Avoiding Adverse Tax Consequences in Settling Trust Disputes

RSVP to Dan Stanyon (button below). Free for Members! Non-members: $15. Pay via PAYPAL or mail a check: Donna Turner, c/o Smith Watson & Company LLC, 7 North Street, Suite 205, Pittsfield, MA 01201. Thank you!

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Oct
25
12:30 PM12:30

Cannon – Legitimate and Effective Asset protection Planning

  • 102 W Park Street Lee, MA USA (map)
  • Google Calendar ICS

Asset protection planning is important to an increasingly broad range of clients – both for themselves and for their children. Creditors seem to be more aggressive these days, and more clients are becoming conscious of their potential to wake up one day in a vulnerable financial situation. Estate planners should offer their clients the opportunity to discuss, early in the estate planning process, the advantages of and available techniques by which to secure at least some measure of asset protection. This teleconference will focus on the following:

  • Avoiding Fraudulent or Voidable Transfers

  • Using Tenancy by the Entireties Form of Ownership

  • Protected Status of Qualified Retirement Plans, IRAs and Life Insurance

  • Trusts – Including Self-Settled Trusts, Certain Joint Trusts and Third Party-Settled Trusts

This is a hybrid event. Brown Bag Lunch start at 12:30 and the teleconference is between 1:00 - 2:30.

RSVP to Dan Stanyon (button below). Free for Members! Non-members: $15. Pay via PAYPAL or mail a check: Donna Turner, Smith Watson & Company LLC, 7 North Street, Suite 205, Pittsfield, MA 01201. Thank you!

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Seminar – 2022 Economic Overview
Sep
20
8:00 AM08:00

Seminar – 2022 Economic Overview

  • Jae's Restaurant, Hilton Garden Inn (map)
  • Google Calendar ICS

Presenters: Chuck Leach, President, Lee Bank and Timothy W. Suffish, CFA, SVP, Head of Equities, October Mountain Financial Advisors. (Biographies below)

Given the volatile year so far, Chuck and Tim will provide an update on the global capital markets. 2022 has seen dramatic moves from virtually all asset classes and investors are in search of stability in a world that has not provided much in recent years. Equities, bonds, commodities, real estate and inflation will all be discussed.

RSVP Deadline: September 13. RSVP to Dan Stanyon (button below). Free for Members! Non-members: $35. Pay via PAYPAL or mail a check: Donna Turner, Smith Watson & Company LLC, 7 North Street, Suite 205, Pittsfield, MA 01201. Thank you!

Chuck Leach, President, Lee Bank

Chuck has been president and CEO of Lee Bank since 2015, and his experience in banking, investing and wealth management stretch back to 1999.  He previously worked as senior vice president of wealth management and chief investment officer at Berkshire Bank Wealth Management (2007-2015) and, earlier, was vice president/senior portfolio manager at TD Bank Wealth Management Group (2002-2007). He was vice president of the Gilder Technology Group and the Telecosm Fund from 1999-2002.

 Chuck earned his M.B.A. from the Peter F. Drucker Graduate School of Management, Claremont Graduate University, Claremont, Calif. (1999), and his B.A. from Colby College, Waterville, Maine (1991).


Timothy W. Suffish, CFA®, SVP, Head of Equities, October Mountain Financial Advisors

Tim joined St. Germain as an analyst and investment manager in 2004.  He was promoted to Senior Vice President and elected to the Board of Directors in 2008.  Tim also serves on the investment committee. Previously, he was Vice President and Senior Portfolio Manager for Banknorth Investment Management Group. There, he managed $200 million of equity and fixed income assets. His clients were foundations, endowments, educational institutions and high net-worth individuals.

 Tim was formerly an Investment Consultant for Fidelity Investments in Boston, serving 401(k) clients with assets up to $150 million. Tim received a BA in Mathematics from The College of the Holy Cross in Worcester, MA, followed by an MBA and a Masters in Accounting from Northeastern University in Boston.

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Aug
23
1:00 PM13:00

Cannon – Compounding Complications in Charitable Giving

Outside the context of outright gifts of cash to a public charity, charitable giving can be complicated. Familiar examples of charitable giving techniques that can present challenges include charitable gift annuities, split-interest charitable trusts, farm or residence remainder interest gifts, gifts of equity in a closely-held entity and IRA charitable rollovers. This teleconference will go beyond those familiar examples and explore additional areas that can be traps for the unwary, including:

  • Emerging Issues Surrounding Donor Advised Funds

  • Conservation Easements

  • Internal Revenue Code Section 642(c) Deduction

  • Mismatch Between Gross Estate Inclusion and Charitable Deduction

RSVP to Kelly Sweet (button below). Free for Members! Non-members: $15. Pay via PAYPAL or mail a check: Donna Turner, Smith Watson & Company LLC, 7 North Street, Suite 205, Pittsfield, MA 01201. Thank you!

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Seminar – Estate Planning for Blended Families
Jun
8
8:00 AM08:00

Seminar – Estate Planning for Blended Families

The seminar speaker for this event is Pam Green from Smith Green & Gold on the topic of Estate Planning for Blended Families. It will be at the Country Club of Pittsfield, 639 South St, Pittsfield, MA. A full breakfast is included.

Seminar Topics

  • How to draft wills and trusts to avoid unfair results

  • Helping clients choose the right fiduciaries

  • Navigating beneficiary designations

  • Estate tax considerations

Featured speaker Pam Green of Smith Green & Holmes.

A partner in the firm of Smith Green & Holmes of Pittsfield, Pam Green has been admitted to practice law in Massachusetts since 2005 and concentrates her practice in the areas of sophisticated trust and estate planning, estate administration, and residential real estate transactions.  As part of her probate and estate planning practice, she provides advice and guidance on matters including the use of trusts for estate and gift taxes and advance long term care planning. Pam believes strongly in providing compassionate, thorough advice to clients coping with the long-term illness of a loved one, or loss of a family member.  Pam also enjoys working with first-time home buyers and people looking to buy their dream home in the Berkshires.

Pamela earned her law degree at Western New England College School of Law and earned her bachelor’s and master’s degrees in World Politics from The Catholic University of America.  Since moving to the Berkshires in 2005, Pam has been active in the community.  She has served as a member of the Board of Directors of Berkshire Taconic Community Foundation since 2016, and presently serves as Vice-Chair of the Board.  She has also been a member of the Pittsfield Economic Development Authority (PEDA) Board of Directors since 2012, also presently serving as Vice-Chair of that Board.  She has also served on the Hancock Shaker Village Audit Committee since 2014 and the EforAll Berkshire County Advisory Board since 2019.  Her past service included ten years as the Berkshire Scenic Railway Museum’s General Counsel and Special Events Manager and Chair of the Estate Planning Council of Berkshire County from 2016 - 2019.

RSVP to Dan Stanyon (button below). Free for Members! Non-members: $35. Pay via PAYPAL or mail a check: Donna Turner, Smith Watson & Company LLC, 7 North Street, Suite 205, Pittsfield, MA 01201. Thank you!

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May
24
1:00 PM13:00

Cannon – Estate Planning for and Administration of Digital Assets

The deployment and use of so-called digital assets has proliferated at breathtaking speed. Virtually anyone who uses a computer or a smart phone has digital assets whether he or she recognizes them as such or not. Some digital assets are just items or information that may have intangible value to the owner and his or her family members but no monetary value. Other digital assets, such as cryptocurrency or the “key” to gain access to cryptocurrency, may have tremendous monetary value. A fiduciary in the 21st century must be prepared to recognize and handle digital assets. In this teleconference, we will take a close look at the following:

  • What are Digital Assets?

  • Contractual Provisions Imposed by Electronic Services Providers

  • Estate Planning Document Provisions to Facilitate Gaining Access to and Handling of Digital Assets

  • Impact of Applicable Laws Including the Revised Uniform Fiduciary Access to Digital Assets Act

This is a hybrid event. You are invited to join us at lunch at 12:30 prior to the live teleconference at 1:00.

RSVP to Dan Stanyon (button below). Free for Members! Non-members: $15. Pay via PAYPAL or mail a check: Donna Turner, Smith Watson & Company LLC, 7 North Street, Suite 205, Pittsfield, MA 01201. Thank you!

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Apr
26
1:00 PM13:00

Cannon – Non-Tax Aspects of Business Succession Planning

Closely-held business equity presents unique challenges for an estate planner. In the vast majority of cases in which a family business is involved, it is by far the predominant asset. Its continued viability is critical to the family’s financial future, and whether the business prospers long-term will depend substantially on how it is to be owned and managed if the founder becomes incapacitated and at his or her death. We will examine the following issues in this teleconference:

  • Determining Whether Succession Within the Family is Even Appropriate

  • Considerations Involving Children Who Are Active in the Business and Those Who Aren’t

  • Effective Design and Use of Trusts

  • Anticipating and Addressing Family Members’ Marriages and Divorces

RSVP to Dan Stanyon (button below). Free for Members! Non-members: $15. Pay via PAYPAL or mail a check: Donna Turner, Smith Watson & Company LLC, 7 North Street, Suite 205, Pittsfield, MA 01201. Thank you!

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Mar
22
1:00 PM13:00

Cannon - What May be in Store When the IRS Knocks on Your Door

The federal government has overarching powers to collect tax debts that far surpass the collection mechanisms available to ordinary creditors. Knowing what these powers are and how they may be deployed is important not only when embroiled in an audit or collection proceeding but also when considering certain fiduciary transactions such as a sale of trust property or a distribution to a beneficiary. In this teleconference, we will zero in on the following:

  • Estate, Gift and Income Tax Liens

  • Transferee Liability

  • Personal Liability of Fiduciaries

  • Tax Penalties

RSVP to Dan Stanyon (button below). Free for Members! Non-members: $15. Pay via PAYPAL or mail a check: Donna Turner, Smith Watson & Company LLC, 7 North Street, Suite 205, Pittsfield, MA 01201. Thank you!

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