Improve Your Use of Revocable Living Trusts
In this engaging legal course, experienced attorney faculty break down the use of revocable living trusts into simple tips and tactics. Clarify when RLTs are used most effectively and avoid drafting and administration mistakes that could haunt your clients later down the line. Make the best use of this must-have estate planning tool - register today!
- Compare RLTs to wills and determine which will serve your client better.
- Get an update on the latest statutes, case law and IRS regulations governing estate planning.
- Learn how to use RLTs to provide beneficiaries with credit protection.
- Review sample trust provisions to avoid errors and same drafting time.
- Avoid ethical missteps with real-life legal and fiduciary ethics scenarios and solutions.
- KEY ESTATE TRANSFER LAWS
9:00 - 9:45, Sandra N. Busell
- Definition of "Estate"
- ATRA 2010 and Other Federal Laws
- Current Federal Tax Rates and Exemptions
- IRS Regulations and Guidance
- State Tax Laws
- REVOCABLE LIVING TRUST PLANNING VS. WILL-BASED ESTATE PLAN
9:45 - 10:15, Jeffrey A. Asher
- Key Elements of the Estate Plan
- Stand-Alone and Pour-Over Wills
- Revocable Living Trust (RLT) vs. Will
- Standards of Capacity
- Tools and Features of the RLT
- Incapacity Planning
- Wealth Transfer Planning
- Beneficiary Protection Planning
- Spendthrift Provision
- RLT Pros, Cons and Myths: When is it Right for Your Client?
- RLT STRUCTURES
10:30 - 11:30, Jeffrey A. Asher
- Joint vs. Separate RLTs
- Credit Shelter Trusts in the Post-ATRA World
- Asset Protection Trusts: Spendthrift and Discretionary
- Directed Trusts and Trust Protectors
- SNTs: Planning for the Disabled Beneficiary
- Other Continuing Trust Structures
- Use of Diagrams in Explaining Trust Structures to Clients
- SPENDTHRIFT AND DISCRETIONARY TRUSTS
11:30 - 12:00, Jeffrey A. Asher
- The Asset Protection Power of Spendthrift Provisions
- Drafting Tips and Mistakes
- Sample Spendthrift Provision Review
- DRAFTING TIPS AND CLAUSES
1:00 - 2:00, Debby Rosenfeld
- General RLT Outline and Clauses
- Structuring Sub-Trusts
- Planning for the Time when the Main Trust and the Drop-Down Trusts Become Irrevocable
- Distribution of Trust Income and Principal During the Grantor's Lifetime
- Repercussions of Imprecise Drafting
- ETHICS IN TRUST PLANNING
2:15 - 3:15, Steven A. Kass
- Representing the Trustee
- Multiple Representation
- Duties to Beneficiaries
- Conflicts of Interest
- Fiduciary Duty
- Legal Fee and Retainer Agreement
- FUNDING THE REVOCABLE TRUST
3:15 - 4:30, Martin L. Lerner
- Ownership and Beneficiary Designations
- POD and TOD Designations
- Retirement Plans and Annuities
- Real Estate
- Personal Property and Other Assets
- Pour-Over Wills