Fundamentals of Trust Drafting and Estate Administration
Provide your clients with carefully crafted trusts and effective representation after death.
When assessing complex information, it often helps to break items into basic building blocks. The same approach can be successful when dealing with estate planning and administration. Our intensive full-day primer will provide you with a comprehensive overview of trust drafting and estate administration processes. Register today!
- Be prepared for specific challenges associated with various types of trusts by understanding their unique characteristics.
- Clarify the roles, powers, and duties of the main parties in a trust.
- Save money on taxes with effective use of defective trusts.
- Don't reinvent the wheel - modify our sample trust documents and use our drafting tips to create airtight trusts.
- Get tips for efficiently marshalling assets and preparing inventory in estate administration.
- Explore common challenges related to discovery of assets in probate.
- Learn how to initiate a will contest and how to resolve one.
AM: TRUST AND ESTATE PLANNING
- WHERE TO BEGIN? – AN OVERVIEW OF TRUSTS
8:30 - 9:30, Written by N. Lucille Siler.
Presented by Zachary F. Lamb in Asheville and N. Lucille Siler in Charlotte.
- Main Terms Defined
- Major Laws Governing Creation and Administration of Trusts
- Who are the Main Parties? Their Duties and Responsibilities to a Trust
- Revocable vs. Irrevocable
- Grantor Trusts
- Determining Your Client's Planning Needs
- Reasons for Drafting a Trust
- Deciding Which Type of Trust to use
- TRUSTS USED FOR TAX REDUCTION
9:30 - 10:30, Written by Zachary F. Lamb.
Presented by Zachary F. Lamb in Asheville and John H. Griffing in Charlotte.
- Irrevocable Trusts - in General
- Crummey Power Trusts
- Grantor Retained Annuity Trusts (GRATs)
- Qualified Personal Residence Trusts (QPRTs)
- Irrevocable Life Insurance Trusts (ILITs)
- Generation Skipping Trusts
- Qualified Domestic Trusts (QDOTs)
- ETHICAL CONSIDERATIONS
10:45 - 11:45, Written and presented by Stephen M. Russell in Asheville and Charlotte.
- Attorneys Changing Firm Affiliations
- Conflicts of Interest
- Attorneys Fees
- Emails and Websites – Stumbling Blocks
PM: TRUST AND ESTATE ADMINISTRATION
- CONSIDERATIONS FOR COLLECTING THE ASSETS, PREPARING THE INVENTORY AND HANDLING CLAIMS AGAINST THE ESTATE
12:45 - 2:00, Written by Frank B. Jackson.
Presented by Frank B. Jackson in Asheville and John H. Griffing in Charlotte.
- Practical Procedures for Opening Estate Accounts
- Obtaining Tax Identification Number and Title to Assets
- Canceling Utilities and Credit Cards
- Best Strategies for Preparing the Inventory
- Medicare, Insurance Claims and Public Assistance: Understanding the Paperwork Involved
- Priority of Concern: Following the Chain of Command in Allowances, Claims and Taxes
- COMMON ISSUES TO BE PREPARED FOR IN LITIGATION AND PROBATE
2:15 - 3:15, Written by Frank B. Jackson.
Presented by Frank B. Jackson in Asheville and N. Lucille Siler in Charlotte.
- Title and Discovery of Assets
- Contested Claims and Contingent Liabilities
- Marital Agreement Concerns
- Contested Wills and Alternatives: is it Valid to Disagree?
- WILL CONTESTS AND RELATED ASSET TRANSFER PALAVERS
3:15 - 4:40, Written and presented by E.K. Morley in Asheville and Charlotte.
- Will Contests Defined
- Undue Influence
- Lack of Capacity
- How to Avoid a Will Contest
- Drafting and Execution Pitfalls
- Will Substitutes
- P.O.D. And Survivorship Accounts
- How to Initiate a Will Contest
- Motion Practice
- Trial Preparation
- Attorneys Fees and Costs of Litigation in Will Contests
- Mediated Settlement Conferences
- Other Civil Remedies to Consider
- Wrongful Interference with Inheritance
- Constructive Fraud