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Grantor Trust Status: Things That Can Change a Trust’s Status



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This presentation will help practitioners and trustees to better understand what types of events can trigger a change in grantor trust status for a trust and emphasize the importance of regular communication between the family’s advisory team, the trustee and the family.  Discussions will include:

  1. Foundations of grantor trust status;
  2. Typical means of attaining grantor trust status;
  3. Defective grantor trusts;
  4. Foreign grantors;
  5. Reversionary interests;
  6. Control of beneficial enjoyment;
  7. Administrative powers;
  8. Beneficial enjoyment of the trust assets; and
  9. Grantor trust status as to someone other than the grantor.


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Cynthia D. M. Brown is the President of Commonwealth Trust Company and a member of its Board of Directors. Cindy has more than fifteen years of experience in the areas of trust administration, estate planning and tax. Her responsibilities include business development as well as oversight of trust administration, trust operations and compliance. In addition, Cindy is an active member of the Delaware State Bar Association Trust Act Committee, which drafts annual revisions to the Delaware Code.
Prior to joining CTC, Cindy worked at a large Philadelphia law firm, where, among other things, she administered estates and trusts, drafted sophisticated estate planning documents, prepared and reviewed Federal and State death tax returns, and prepared and reviewed fiduciary accountings. Cindy’s experience also includes over eight years as an estate and trust paralegal with both large Philadelphia law firms and a local private practice in Delaware County, Pennsylvania. In law school, Cindy served as the Blue Book Editor of the Widener Law Review and received several achievement awards in the area of Federal Estate and Gift Taxation and Planning. Cindy is active in many professional organizations and community leadership and currently serves on the Board of Directors of the Delaware CarePlan, Inc. and the Delaware Bankers Association.
She can be contacted at: cbrown@comtrst.com, (302) 658-7214, Ext 177

Matt Rosin, J.D., LL.M. serves as Vice President of Legal Affairs at Commonwealth Trust Company. Mr. Rosin has more than fourteen years of experience in the areas of trust administration, estate planning and tax. His responsibilities include oversight of the legal department, which includes both trust administrators and trust counsel, as well as regularly advising the Commonwealth Trust with regard to liability and policy formulation. Prior to joining Commonwealth Trust Company Mr. Rosin worked at several large Philadelphia law firms, where he concentrated his practice on estate planning and the administration of estates and trusts. In addition, he was actively involved in the Probate & Trust Law Section of the Philadelphia Bar Association. In law school, Matt served as the senior research editor of the Florida Law Review, graduating first in his class and received the highest grade in his Trusts and Estates course. Mr. Rosin holds a B.A. from Johns Hopkins University, J.D. from University of Florida College of Law and LL.M. in Taxation from New York University School of Law.



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