Disclaimer Trusts and Estate Planning: Drafting Disclaimers, Clayton QTIPs and OBITs to Overcome Portability Limitations
A live 90-minute CLE video webinar with interactive Q&A
This CLE webinar will provide a comprehensive guide to both planning opportunities and post-mortem "fixes" through the proactive use of qualified disclaimers. The panel will offer suggestions for structuring joint accounts, beneficiary designations, disclaimer funded bypass or optimal basis increase trusts, Clayton QTIPs and formula powers of appointment to be "disclaimer-friendly," and using qualified disclaimers to fix estate plans, including when qualified plan benefits are made payable to trusts that may not otherwise be optimized for maximum tax deferral.
Outline
- Review of IRC 2518 and regulation requirements regarding "qualified disclaimers"
- Clayton QTIP
- Comparing, contrasting, and synthesizing disclaimer and Clayton QTIP planning
- Cascading spousal disclaimers
- Using qualified spousal disclaimers to increase basis at the death of the first spouse
- Unique features of optimal basis increase trusts vis a vis qualified disclaimers
- Proactive planning--begin with the end in mind by setting up contingent beneficiaries
- Post-mortem "fixes" via a disclaimer
- Post-mortem "fixes" to IRA see-through trusts via a disclaimer
- Contrasting nonqualified disclaimers and releases
- Asset protection impact of disclaimers
- Drafting tools and traps to avoid
Benefits
The panelist will review these and other key issues:
- Circumstances where a disclaimer trust and/or Clayton QTIP is an advantageous alternative and when they should be avoided
- Coordinating disclaimers with OBITs to overcome drawbacks of bypass trusts and traditional disclaimer funding
- Issues and opportunities with large qualified plans and IRAs
- Asset protection issues that arise
Faculty

Edwin P. Morrow, III, J.D., LL.M. (Tax), MBA, CFP, CM&AA
Regional Wealth Strategist
U.S. Bank Private Wealth Management
Mr. Morrow is currently a regional wealth strategist for U.S. Bank Private Wealth Management based in Cincinnati, Ohio... | Read More
Mr. Morrow is currently a regional wealth strategist for U.S. Bank Private Wealth Management based in Cincinnati, Ohio and advises high net worth clients on tax, trust and estate planning matters in conjunction with local financial advisory teams and other tax and legal counsel. He previously maintained a private law practice in Cincinnati and Springboro, Ohio, concentrating in taxation, probate, estate and business planning. He is a Fellow of the American College of Trust and Estate Counsel (ACTEC) and is a board certified specialist in estate planning, probate and trust law through the Ohio State Bar Association. He also holds the certified financial planner (CFP®) and certified merger and acquisition advisor (CM&AA®) certifications. Mr. Morrow frequently contributes his expertise to lectures and publications analyzing estate planning issues.
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