Tackle Complex Clauses and Potentially Explosive Situations with These Drafting Skills
If you're ready to take your trust drafting to the next level, this is the course for you. Skip the lengthy intros and general overviews and get straight to the point: our experienced attorney faculty will share their approaches to funding and planning for clients' specific goals and discuss troubleshooting tactics for common drafting problems. Don't miss this opportunity to enhance your drafting technique – register today!
- Study sample trust provisions and review common scenarios to enhance your drafting mastery.
- Convey the grantors' values and guidance to the beneficiaries through incentive- and guideline-based trusts.
- Anticipate potential complications in narrow creditor protection language and learn to adjust it.
- Explore unusual and creative ways to plan for taxes with trusts.
- Ensure the trust's viability and effective oversight with clear dispositive and administrative provisions.
- Guard against legal malpractice: get tips for protecting trusts from fraudulent transfers.
- Use income-only trusts to plan for Medicaid eligibility.
- Adjust to the changing client needs and troubleshoot unexpected complications with trusts.
- PROTECTING ASSETS FROM CREDITORS
9:00 - 10:00, Hunter Mobley and Jeffrey Mobley
- Choosing the Vehicle – Does it Conflict with the Client's Other Goals?
- What Assets to Use in Funding the Trust
- Timing and Mechanics of the Transfer
- Sample Documents and Specific Language Review
- Potential Complications
- Protecting Beneficiaries from Creditors
- ADVANCED PLANNING WITH TRUSTS
10:00 - 11:00, Hunter Mobley and Jeffrey Mobley
- Goals (Income, Gift, Federal Estate, State Death, GST and Other Taxes)
- When Should the Capital Gain be Realized?
- Crummey Powers and Scenarios
- Drafting a Grantor Deemed Owned Trust (GDOT)
- Drafting a Grantor Retained Annuity Trust (GRAT)
- Drafting a Qualified Personal Residence Trust (QPRT)
- Avoiding the Doctrine of Worthier Title
- Rule in Shelley's Case
- Trust Funding with Discounted Transfers
- Generation-Skipping Tax Planning with Trusts
- Drafting an Intentionally Defective Irrevocable Trust (IDIT)
- Unusual/Creative Ways to Use Trusts in Tax Planning
- DRAFTING SPECIFIC DISPOSITIVE AND ADMINISTRATIVE PROVISIONS
11:15 - 12:15, Hunter Mobley and Jeffrey Mobley
- Granting Trustee(s) Discretionary Dispositive Power with “Sprinkling Trust” Provisions
- Incentive Trust Provisions
- Formula Distributions Clauses
- Trust Expenses
- What to do if the Trust Underperforms
- Trustee Removal/Resignation and Successor Trustees
- Trust Protectors
- LEGAL ETHICS
1:15 - 2:15, Mary Catherine Kelly
- Testamentary Capacity
- Fraudulent Transfers to Irrevocable Trusts
- Reporting Taxable Gifts
- Attorney Fees
- QUALIFYING FOR LONG-TERM CARE ASSISTANCE
2:30 - 3:30, Mary Catherine Kelly
- Special Needs Trusts as A Planning Tool
- SSI Issues in Drafting Trusts
- Drafting Income-Only Trusts
- What can Jeopardize Eligibility and How to Fix it
- TRUST MODIFICATIONS AND CONVERSIONS
3:30 - 4:30, Hunter Mobley and Jeffrey Mobley
- The Effect of the Federal Estate Tax Exemption Limit on the Practice
- Conditions that Require Trust Document Review/Revisions
- Common Mistakes that Require Correction
- Consolidating Trusts
- Incomplete and Poorly Timed Gifts
- Protecting the Estate from the Surviving Spouse
- Balancing Specificity and Broad/Flexible Terms