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Philosophy and Approach
Why Do Lawyers Make Effective Trustees?
How Do We Make Investment Decisions?
How Do We Deliver Trust Services?
Why Hemenway & Barnes?
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PRIVATE FIDUCIARY SERVICES
Since the founding of Hemenway & Barnes in 1863, we have kept a
commitment to the individual client. Fiduciary service is a critical
component of that commitment. Consequently, we offer our clients a
distinctive blend of legal and fiduciary services, undertaking responsibility
for management of client assets as trustees and executors, while also
providing legal advice to our clients and their families. In the course
of our work, we serve as family advisors, not only on legal and financial
matters, but on a host of personal issues where our experience and judgment
enable us to play a constructive role. For many families, these relationships
have spanned generations. For others, the relationships have
begun only recently.
PHILOSOPHY AND APPROACH
Building wealth is not an easy task. It takes hard work, ingenuity,
patience, sound advice and, usually, some luck. Keeping wealth,
enhancing it and ensuring that it is disposed of in a sensible,
tax-advantaged way takes no less. At Hemenway & Barnes, we offer
our clients an extensive array of legal, fiduciary, estate and tax
planning services, all in one place. Paying careful attention to
the client and the client's family is essential to what we do as
lawyers and fiduciaries. Individual attention to each client from
a Hemenway & Barnes partner characterizes our commitment to fiduciary
service and distinguishes us from our more institutional competitors.
In managing family trust assets, we strive to enhance and to
preserve the value of those assets, both in absolute dollars and
in purchasing power. Achieving these investment objectives, and
building a family's wealth, requires a long-term investment horizon
and a commitment to common stock investing. It requires a focus on
companies with growing earnings, global presence and strong balance
sheets. It calls for the prudent stewardship of assets over many years,
not merely on performance measured in fiscal quarters. Preserving
purchasing power requires that investment income keep pace with the
rate of inflation. Consequently, we seek not only capital growth, but
growth of income, too. Typically, our overall investment objectives
will lead us to a diversified trust investment portfolio, with appropriate
investments across asset classes and industry and economic sectors,
offering the prospect of substantial growth in earnings and value over
the longer term.
In reviewing family assets, we look not only at the securities in a trust,
but also at a family's real estate holdings, business interests, significant
items of tangible personal property, insurance, retirement plan assets and
the like. Where it seems appropriate, we will consider real estate investments,
venture capital opportunities and other alternative investments.
WHY DO LAWYERS MAKE EFFECTIVE TRUSTEES?
Each Hemenway & Barnes lawyer who serves as a fiduciary does so in his or
her individual capacity. This allows us to provide a highly personal level
of fiduciary service for clients who trust our judgment and rely on our counsel.
The firm itself does not serve as a fiduciary. As lawyers and as trustees,
we concentrate in areas that relate directly to our fiduciary practice.
These include the law of trusts, sophisticated estate and charitable planning,
taxation, real estate, business planning, probate law and estate settlement.
The knowledge, experience and judgment that are the hallmark of a good lawyer
are equally important to the role of a private trustee and executor. In serving
as professional fiduciaries, we carry on a tradition that remains an essential
element of our practice at Hemenway & Barnes today.
HOW DO WE MAKE INVESTMENT DECISIONS?
As trustees, we meet weekly to review the investments in a different group of trust
accounts. We typically review each account four times a year and on other occasions
as necessary. Hemenway & Barnes has enlisted a number of investment advisory firms
to counsel the trustees on investment matters, however the role of our outside investment
advisors is just that: advisory. At Hemenway & Barnes, the trustees have final responsibility
for investment decisions in the trusts under their care. For each trust investment meeting,
our investment advisor provides us with an independent analysis of each account being
reviewed and written recommendations of any suggested investment changes. Taking those
recommendations into account, along with input derived from our other relationships,
we reach our own conclusions, subject to the approval of any outside trustees.
HOW DO WE DELIVER TRUST SERVICES?
We maintain a central Trust Department, which is responsible for the safekeeping
of trust assets, the collection and distribution of income, the processing of
securities transactions and the maintenance of all necessary records and accounts.
We provide reports to clients as they request, typically on a monthly or quarterly basis.
Securities are held in the custody of Fifth Third Bank and cash balances
are "swept" daily into interest-bearing accounts. We consolidate securities brokerage
transactions, seeking the best execution available at a substantial discount from retail
commission rates. We also consolidate bond trades to make those transactions at
favorable prices.
Our Trust Department personnel prepare income tax returns for trusts and estates
under our stewardship and, often, for the beneficiaries of those accounts, as well.
When a client wishes, we will pay client bills, make charitable gifts, prepare
employment tax returns for household employees, monitor medical insurance
reimbursements, and make estimated income tax payments.
Hemenway & Barnes also offers experienced personnel to facilitate with the
administration of estates. We attend to all aspects of the settlement of an estate,
including supervision of probate proceedings, disposition of real estate and other
assets and preparation of estate tax returns. In many cases, we are asked to serve
as executors of our clients' estates and to bring to bear the knowledge of their family
and financial circumstances that we have acquired over the years.
WHY Hemenway & Barnes?
The breadth and depth of services offered and the continuity of personal contact,
combined with the fiduciary, legal, investment and tax knowledge and experience that
we bring to the service of our clients, distinguish Hemenway & Barnes from other
private fiduciary firms. We would be pleased to discuss our fiduciary services with you.
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