Trust & Estates - Wealth Advisory Services Attorney
Location: Buffalo, NY OR Wilmington, DE
The successful candidate will be located in (i) Wilmington, Delaware OR (ii) Buffalo, New York and will be supporting Wilmington Trust’s wealth advisory services division (“WAS Division”), including matters relating to its fiduciary role as trustee for personal wealth clients. More specifically, the successful candidate will assist in:
Providing day-to-day legal advice and support for new and/or existing trust relationships, including providing day-to-day legal support to all members of the WAS Division.
Developing and implementing strategic policies, procedures, templates and forms to help standardize and streamline the provision of legal support for existing trust customer work.
Providing estate and trust expertise for the internal partners (Relationship Managers/Investment Advisers, Fiduciary Advisers, and Private Client Advisers) and management on trust, estate and fiduciary issues affecting our existing client base, including: discretionary distributions; Delaware directed trusts; borrowing and lending by trusts; identity of distributees and nature of their interests; allocation of receipts and expenditures between principal and income; exercise of power to adjust; conversion to TRU; validity and effect of exercises of powers of appointment and disclaimers; risks of unusual or complex transactions; creation of LLCs to hold special assets and management thereof; administration of business interests and assets; management of real estate and real estate transactions; creation and administration of special needs trusts; trust terminations including statutory small trust terminations; fiduciary income and transfer tax questions (especially generation-skipping transfer tax issues); and issues pertaining to estate administration and guardianships.
Preparing appointment, acceptance and resignation paperwork for trust customers, including release, refunding and indemnification agreements; review predecessor trustee refunding and indemnification documents.
Working with the WAS Division’s paralegals to develop template forms for some of the abovementioned documents, as well as policies and procedures to streamline the legal preparation and negotiation of those documents.
Assisting with managing litigation involving trust customers, including managing outside counsel in legal research and in preparation of court pleadings, releases and other documents; making strategic legal decisions on how matters should be handled; reviewing and approving legal invoices.
Identifying, evaluating and escalating legal and regulatory risks affecting the WAS Division, including assisting with the review of business line practices and procedures to conform with legal requirements and to mitigate risk.
Partnering with the organization’s compliance, risk and audit groups on WAS Division matters affecting existing trust customers; keeping senior management and other personnel up to date on pertinent legal and regulatory developments, including legal risks.
Serving as legal counsel on appropriate business division committee meetings for the WAS Division, including the Real Estate Committee and the Closely Held Business and Unique Assets Committee.
Conducting research and participating in industry association meetings and think-tanks to keep abreast of relevant laws, regulations, legal developments and industry issues affecting the WAS Division.
To apply for this position, please visit mtb.com/careers, click Search M&T Jobs and search under keyword: 3D9XD