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David  Valente

David Valente

Attorney
Biography

David works primarily in the estate planning department helping affluent individuals & families develop and implement estate plans, so as to minimize estate taxes & maximize asset protection for beneficiaries. Often David’s clients have closely-held business interests, prenuptial or postnuptial agreements, and/or property interests in other states or countries. In addition, David advises personal representatives (executors) and trustees administering estates after the death of a loved one, serves as a professional trustee, and advises business owners on choice of entity issues, formation, business succession, purchase and/or sale of a business. Prior to becoming an attorney, David worked as a stockbroker and financial planner advising families on stock option planning, retirement planning, investment portfolio management, insurance analysis, charitable bequests and income tax reduction strategies.

Representative Experience
  • Drafted foreign trust for client concerned about asset protection and the direction of U.S. economic policy/legislation in conjunction with intergenerational generation skipping transfer tax planning
  • Drafted credit shelter trust for business owner, integrating prenuptial agreement, restrictive QTIP for spouse and executive committee for business succession planning; enabled client to gift the economic value (non-voting) shares of the business to descendants through an irrevocable grantor trust while retaining control through voting shares
  • Utilized increased lifetime gifting exemption by conveying client's vacation home to a qualified personal residence trust (QPRT) and marketable securities to a ten year grantor retained annuity trust (GRAT)
  • Established limited liability company (LLC) for executive of Boston sports team to hold rental property, insulate the client's personal assets from liability, and create opportunity to leverage gifts
  • Drafted irrevocable income only trust to help protect elderly couples' wealth from the costs of long-term care and third party special needs trust to ensure their disabled child would not lose SSI subsidies upon their deaths and his subsequent inheritance. 
Legal Publications and Speaking Engagements
  • Author: Back Door Roth: White Stilton Gold Cheese or Just a Mousetrap? American Bar Association eReport, Summer 2022
  • Author: IRC § 72(t) Payments – Retiring Early Without Early Retirement Penalties, American Bar Association eReport, Fall 2021
  • Speaker: IRC § 72(t) Payments – Retiring Early Without Early Retirement Penalties, American Bar Association (webinar), May 2019
  • Author: A Proper Lesson on an Improper Exercise of a Power of Appointment, American Bar Association eReport, Spring 2019
  • Speaker: Estate Planning and Asset Protection Considerations for Real Estate Investors, 1031 Exchange Investor Symposium, May 2019
  • Author and Speaker: Dividing Retirement Assets On Death or Divorce, American Bar Association (webinar), March 2017
  • Author and Speaker: Dividing Retirement Assets On Death or Divorce, American Bar Association Spring Symposia, May 2016
  • Speaker: Estate Planning Symposium 2015 – Removing Assets From Estate vs. Step-Up in Basis, MCLE, June 2015
  • Author: Advising Same Sex Married Couples of the Inequities That Remain, Probate & Property (Volume: 29 Issue: 1), May 2015
  • Author and Speaker: Protection of Inherited IRAs and Other Retirement Plan Assets From Creditors After Clark v. Rameker, American Bar Association Spring Symposia, April 2015
  • Speaker: MassHealth Update – 2009: Special Needs Trusts and Pooled Trusts, PESI Legal, October 2009
  • Co-Author: Fair Hearings on Medicaid Hardship, Intent, Care Contracts and Promissory Notes, NAELA Journal, 2009
Community Involvement
  • Animal shelter weekly volunteer (2004-current)
  • Co-leader, Daisies / Girl Scout local troop
  • United Way Big Brother (1997-2001)
  • Boston Living Center weekly volunteer (1997-1998)
  • 2nd degree black belt, Kempo Karate
  • Purple belt, Brazilian jiu jitsu
  • Former USKBA-licensed full contact kickboxer
  • Former American Powerlifting Association powerlifter (elite)
Memberships & Professional Achievements
  • Named a Best Lawyer for Trusts and Estates - 2023-2025
  • Appointed Co-Chair of the IRA Accounts & Plan Distribution Committee of the American Bar Association's (ABA) Section of Real Property, Trust and Estate Law (RPTE) 2020-2022 (Vice Chair 2017-2019)
  • Selected as New England 2016 & 2017 Rising Star (Estate Planning & Probate)
  • Boston Estate Planning Council: Member (2008 - present)
  • Trusts and Estates Consortium: Member (2008 - present)
  • Boston Bar Association: Member (2011 - present)
  • Justinian Law Society: Member (2008 - present)

Prior to becoming an attorney, David was a financial advisor and achieved the following credentials:

  • Certified Financial Planner (CFP®)
  • Series 7 General Securities
  • Series 66 Investment Adviser
  • Life, accident, and health insurance broker 
Credentials

Education

  • Boston University School of Law (LL.M., Graduate Tax Program)
  • Suffolk University Law School (J.D.)
  • Suffolk University Sawyer Business School (Master of Science in Taxation)
  • Boston College (B.S., Computer Science and Finance double major)
    • Honors program
    • Jenks Leadership Program

ADMISSIONS

  • New Hampshire Bar
  • Massachusetts Bar

Education

  • Boston University School of Law (LL.M., Graduate Tax Program)
  • Suffolk University Law School (J.D.)
  • Suffolk University Sawyer Business School (Master of Science in Taxation)
  • Boston College (B.S., Computer Science and Finance double major)
    • Honors program
    • Jenks Leadership Program

Admissions

  • New Hampshire Bar
  • Massachusetts Bar