Step-by-Step Guide to Drafting Wills and Trusts
Draft Enforceable Estate Planning Documents With These Practical Techniques
Do you have all the information you need to draft customized testamentary documents for each of your clients? Don't spend years gathering precious bits of legal practice wisdom – our experienced attorney faculty are here to share their time-tested methods of discovering the clients' needs and goals and creating custom-tailored wills and trusts to fit each specific situation. This legal primer offers all the tools and sample forms to get you started. Get the fundamental skills you need to build your estate planning practice – register today!
- Get practical will and trust drafting skills to speed up the process and give the testator's last wishes power.
- Stave off conflicts of interest with a clear determination of who your client is from the start.
- Learn how to deal with interested relatives who want to be present at all the planning meetings.
- Explore the pros and cons of using a revocable living trust in the will's stead and find out when it's a better option.
- Explore the functions and mechanics of major trust structures – and make certain you choose the right tool for each job.
- Give each provision full power with precise word choices – get sample forms to speed up the process.
- Make sure your remarried and unmarried clients know the default inheritance laws and help them make sure the right beneficiaries are assigned.
- Minimize the taxable estate with effective tax planning techniques.
- Phrase the fiduciary and beneficiary designations to leave no room for interpretation.
- Help your clients make the tough medical decisions regarding long-term care, end-of-life and organ donation.
- Learn how to verify and document the testator's competency to close the door on any potential will contests.
- CLIENT SCREENING AND INTAKE
9:00 - 9:45, Gary E. Bolenbaugh
- Clarify Goals
- Collect and Examine All Financial Documents
- Uncover the Client's Current and Likely Future Family Dynamics
- Review Existing Estate Planning Documents
- Sample Forms and Checklists
- KEY ELEMENTS OF EFFECTIVE WILLS
9:45 - 10:45, David D. Deeter
- Establishing Statutory Framework
- Types of Wills
- Verifying and Documenting the Testator's Competency
- Beneficiary Designations in Retirement Plans and Life Insurance
- Pension Distributions During and After Life
- Titling Assets
- Designating Fiduciaries
- Planning for Disabled Children
- Sample Will Verbiage
- Sample Forms
- Updating Will Documents
- Alternatives to Wills
- TRUSTS AS ALTERNATIVES TO WILLS
11:00 - 12:00, Bret S. Clement
- When to Recommend a Trust Over a Will
- Types and Functions of Trusts
- Selecting Trustee(s)
- Choosing Trust Situs
- Trust Funding Basics
- Sample Forms
- BASIC TAX CONCERNS
1:00 - 1:50, Bret S. Clement
- Federal Estate Tax Update
- Assess the Impact of the State Estate Tax
- Gift Tax and Exclusions
- Planning for the Final Income Tax Return
- Generation Skipping Transfer Tax – Recent Changes
- Trust Taxation Basics
- Disclaimer Trusts
- Crummey Powers and the IRS
- Get Updated on Changing Legislation and Case Law
- Anticipate Other Key Tax Issues
- Individual Income Taxes - Issues You Need to Look At
- Frequently Asked Questions About Fiduciary Taxes
- Tips for Calculating Tax Deductions
- Why a Comparison to Neighboring States' Taxes is Important
- DOCUMENTING LONG-TERM CARE, INCAPACITY AND END-OF-LIFE DECISIONS
1:50 - 2:35, E. Paige Freitag
- Basic Medicaid Planning
- Long-Term Care Options and Planning in a Nutshell
- Advance Medical Directives
- Powers of Attorney
- DNR Orders and Organ Donation Considerations
2:50 - 3:50, E. Paige Freitag
- Defining Who Your Client is From the Start
- Handling Clients With Diminishing Mental Capacity
- Lawyers Acting as Fiduciaries
- Practicing Before the IRS
- Conflicts of Interest
- PLANNING FOR UNMARRIED COUPLES
3:50 - 4:30, Sean J. Fahey
- Planning for Unmarried Couples
- Tax Issues for Unmarried Couples