Shari A. Levitan Partner Boston T 617.854.1405 F 617.523.6850 shari.levitan@hklaw.com Related Practices: Wealth Planning and Preservation Private Companies Private Wealth Services Trusts, Estates and Fiduciary Dispute Resolution Taxation Shari A. Levitan chairs the firm s New England Private Wealth Services Group. She is widely regarded as an authority on wealth and tax planning and business succession planning matters and has been interviewed by NPR, Reuters, Financial Times and the Associated Press. Ms. Levitan s work involves counseling high-net-worth individuals, developing and implementing tax-efficient wealth transfer strategies that are consistent with their personal philosophies and objectives, advising private company owners and public company executives in business matters related to their personal planning, and representing institutions and individuals who serve as trustees in disputes with co-fiduciaries and beneficiaries. Drawing upon the vast capabilities of Holland & Knight's platform, Ms. Levitan counsels clients with multijurisdictional asset issues, such as tax planning and substantive law matters in multiple domestic and foreign jurisdictions. She has extensive experience advising clients in the areas of bioethics issues related to estate planning issues involving children born through assisted reproductive technologies (ART), and planning for same-sex couples. Complex Structures for High Net Worth Families. Sometimes what appears to be fine legal advice is inappropriate for the circumstances of a particular family. With great sensitivity to family dynamics and a deep understanding of the complex structures often needed to accomplish wealth preservation and wealth shifting goals, Ms. Levitan works with high-net-worth families to devise and implement comprehensive plans that match and can adjust along the family's planning continuum. Because family members and their other advisors may not understand the intricacies of complicated family plans and the administration required to make sure the plans are effected correctly, Ms. Levitan is a resource for the family office to ensure they understand and are prepared to carry out the routine administration of the plan. Representation of Fiduciaries in Dispute Resolution. Trustees are called upon to administer complex trusts funded with assets that may or may not match the cash flow wishes or needs of beneficiaries. With the goal of avoiding litigation, Ms. Levitan assists corporate fiduciaries to establish policies and procedures for trust administration. With changes in the economy, trust laws and ever more complex tax laws, however, trustees are often faced with threat of litigation, or actual litigation, from beneficiaries or co-trustees. Responding to potential and actual claims requires not only knowledge of the law and familiarity with the trust, but a practical sense of what the true issues are at the heart of the dispute and how to resolve them economically in a manner consistent with the trust instrument and applicable law. Ms. Levitan understands that in most cases, neither side in
these disputes has the goal of engaging in protracted litigation, and while litigation may be necessary in some cases, it often is not required to solve the dispute. Business Divorce and Dispute Resolution. Planning for dissolution of a private business is just as important as planning for growth. Disputes that arise between family and non-family members who are joint owners of a business must be carefully addressed to avoid what can be a catastrophic loss of value. Competing personal needs can be addressed and resolved in a manner that is economically productive, and with the least disruption to the business enterprise. Ms. Levitan collaborates with other advisors to preserve the economic viability of a business where possible; however, not all business owners have the same interest or passion for the business at the same time. What may begin as a shared vision may change due to life circumstances. Prenuptial and Postnuptial agreements, and Tax Planning in Connection with Divorce. Prenuptial agreements and planning at the time of divorce is planning for the unwinding of a business partnership. By focusing on the business and tax planning aspects of the agreement, Ms. Levitan approaches these sorts of agreements for high net worth individuals in a manner that addresses not only the economic goals of the parties, but also the practical aspects of administering the agreement if necessary. Prenuptial, postnuptial and divorce agreements provide opportunities for careful tax planning particular to the client's assets, family circumstances and can be comprehensive or limited to particular assets, such as the private business, inherited assets and assets with special tax and business consideration, such as stock options and carried interest. Ms. Levitan consults often with matrimonial attorneys to achieve tax efficient solutions in these situations. Planning for Same-Sex Couples. Planning for high-net-worth same-sex couples is made more complicated by the non-recognition of marriage at the federal level, and the disparate treatment of the relationship at the state level. Planning for the couple's circumstances today, and in the future, requires creative and thoughtful planning to minimize income tax and transfer tax. In addition, prenuptial, postnuptial and divorce agreements require special attention to minimize taxes. Ms. Levitan has extensive experience in coordinating such agreements with effective lifetime gift planning. Ms. Levitan is active in local, nonprofit organizations where she serves in a number of leadership roles. Her experience includes membership on various boards, strategic long-range planning committees, President of a large organization, Chair of the governance committee that rewrote the by-laws, and she served on the search committee for a new organization head. Her experience provides a special perspective of how organizations should operate, derived from years of counseling clients with complex needs. She is currently the co-chair of Holland & Knight's 2012 Holocaust Remembrance Project. Honors & Awards The Best Lawyers in America guide, Trusts and Estates, 2006-2014; Litigation - Trusts & Estates, 2011-2014 Chambers USA America's Leading Business Lawyers guide, Tax: Estate Planning, 2010-2013 Massachusetts Super Lawyers magazine, 2004-2012 Boston's Best Lawyers, 2008, 2009 Martindale-Hubbell AV Preeminent Peer Review Rated Publications United States v. Windsor: A New Direction in Planning for Same-Sex Couples, Holland & Knight
Alert, July 9, 2013 The American Taxpayer Relief Act of 2012: What It Means for You, Holland & Knight Alert, January 4, 2013 Life Insurance Reviews: What Trustees Should Know (and Do), Co-Author, Estate Planning, February 2012 Transfer Techniques Can Make Sense in a Down Economy, Women's Business Boston, March 2009 There Will Be Litigation, Trusts & Estates, December 2008 Stocks and Marriage Bonds, San Francisco Daily Journal, June 10, 2008 Estate Planning for Same-Sex Married Couples in Massachusetts-Looking Ahead, December 1, 2007 Prenuptial Agreements, April 1, 2007 Brave New World: Ethical Issues Involving Surrogate Health Care Decisions, reprinted with permission in the New York State Bar Association Trusts & Estates Law Section Newsletter, Spring 2006 Brave New World: Ethical Issues Involving Surrogate Health Care Decisions, American Bar Association Probate & Property, January 2006 Lessons from 'Strangi' for business, estate planning lawyers, September 5, 2005 The State of the Estate Tax: What We Know and What We Don t Know*, Holland & Knight Newsletter, June 22, 2005 Spousal Election - What are the Effects When a Spouse Opts for the Elective Share?, Estate Planning, November 2004 IRS Issues Key Grantor Trust Ruling, New York State Bar Association Trusts & Estates Newsletter, Article on Rev. Ruling 2004-64, September 2004 Same-Sex Marriage: Massachusetts Sets the Precedent, The Matrimonial Strategist, April 1, 2004 Massachusetts and Same-Sex Marriages: An Update, January 1, 2004 Nontraditional Couples Benefit From Sound Estate Planning, November 17, 2003 Massachusetts Issues Landmark Ruling, November 1, 2003 Business Succession Planning: Maintaining Family Harmony, Holland & Knight Newsletter, October 23, 2003 Unmarried But Protected, September 1, 2003 Navigating The IRS' Dictates About Split Dollar Life Insurance, Boston Business Journal, March 2002 Inheritance and Estate Planning Issues for Adoptive and Reproductive Technology Assisted Families, Massachusetts Continuing Legal Education's comprehensive publication, Adoption and Reproductive Technology Law, 2001; updated 2004 Avoiding The Pitfalls When Retiring From the Family Business, Boston Business Journal, September 1999 Speaking Engagements Probate Litigation Under the New Massachusetts Uniform Probate Code (MUPC) & the New Massachusetts Uniform Trust Code (MUTC): What's New and What's Changed, Massachusetts Continuing Legal Education, Boston, MA, November 29, 2012 Nuts and Bolts: Split Interest Gift Structures, Planned Giving Round Table of Arizona Summer Forum: From Success to Significance, June 13, 2012
Complex Litigation Surrounding Family Trusts and Business Interests, Boston Bar Association Seminar, May 11, 2012 Family Dynamics Surrounding Wealth and New Planning Opportunities, The Boston Foundation, April 5, 2011 ABA Mutual Community Bank Conference, Panelist, American Bankers Association, March 13, 2011 The Impact of the Tax Relief Act of 2010 on Planning, February 18, 2011 Unanticipated Consequences: Fixing Broken Estate Plans and Trusts, MCLE, May 13, 2010 Estate Repeal: What to do Now?, MCLE, March 17, 2010 Norfolk & Plymouth Estate & Business Planning Council Program, "Recent Developments and Hot Topics in Gift and Estate Tax Law", March 17, 2009 Planning for the Future of Your Donor Advised Fund - The Boston Foundation, March 12, 2009 Estate Planning for Same-Sex Couples, Massachusetts Bar Association, February 19, 2009 Estate Planning for the Multi-State Client, MCLE seminar, January 21, 2009 Mid Year Tax Review, Boston Bar Association's Mid Year Tax Review Presentation, December 2006 Estate Planning Matters for Matrimonial Attorneys and Estate Planning for Same Sex Couples, Massachusetts Continuing Legal Education, Family Law, May 2006 Bioethics Issues Estate Planners Need to Know, MCLE, April 2006 Fixing Broken Life Insurance Trusts, Boston Probate Forum, March 2006 Fixing Broken Life Insurance Trusts, Boston Bar Association, February 2006 Ethical Issues Surrounding Surrogate Health Care Decisions, American Bar Association's Spring Symposium, Washington, D.C., April 2005 What Estate Planning Attorneys Advise Clients when Making Significant Charitable Donations, Boston Bar Association, Colleges & Universities Section, November 2004 Spousal Elections and Estate Planning National Video Conference, Holland & Knight Private Wealth Services Institute for Private Wealth Services Attorneys, October 2004 Legal Issues Affecting Same Sex Couples, Boston Bar Association, May 2004 Memberships American College of Trust and Estate Counsel, Fellow Boston Estate Planning Council American Bar Foundation, Fellow Massachusetts Continuing Legal Education, Member of Estate Planning and Administration Curriculum Advisory Committee The Boston Foundation, Chair of Professional Advisors Committee American Bar Association Society of Trust and Estate Practitioners (STEP) Valley Estate Planners, Phoenix, AZ Education Suffolk University Law School, J.D. Tufts University, B.A. Bar Admissions
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