Davenport Evans partner P. Daniel Donohue spoke at the 37th Annual Minnesota State Bar Association Probate and Trust Law Section Conference, June 6th and 7th in St. Paul, Minnesota. Dan’s presentation, entitled “The Importance of Trust Situs – Selecting a Situs for Trust Administration,” discussed various state laws relevant to situs selection. In his presentation, Dan noted that a number of states, including South Dakota, have consistently adopted progressive legislation with regard to the administration of trusts in those states. Dan discussed the types of trusts allowed in various states, including perpetual trusts, directed trusts, self-settled asset protection trusts, special purpose trusts, and total return unitrusts, each of which is permitted under South Dakota law. Dan also addressed other state law advantages, including trust decanting, delegation of power by a trustee, the power to adjust, common trust funds, special life insurance provisions, and limitation of trustee liability. Dan’s presentation also covered court supervision and procedural requirements under various state laws.
This was Dan’s third consecutive appearance at the Conference. Other topics Dan has presented include “Trust Protectors”, “Private Trust Companies” and “The Use of Incentive and Disincentive Trust Provisions.” Dan is a 1971 graduate of the University of Notre Dame and a 1974 graduate of the University of South Dakota School of Law. He is a former President of the Sioux Falls Estate Planning Council and the Minnehaha County Bar Association. His practice involves estate planning with an emphasis on trust administration. Dan is a Fellow of the American College of Trust and Estate Counsel, currently serving on the College’s Board of Regents, and the American College of Real Estate Lawyers. He is also currently serving as a member of the South Dakota Governor's Task Force on Trust Administration Review and Reform and serves on the Boards of Directors of several private trust companies.