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Trusts in Estate Planning: Types of Trusts and Determining When to Use Them, Key Provisions, Asset Protection

Recording of a 60-minute CLE video webinar


Conducted on Tuesday, August 13, 2024

Recorded event now available

or call 1-800-926-7926

This CLE webinar will provide trusts and estates counsel with guidance on utilizing trusts as part of core estate planning. The panel will discuss single and joint revocable trusts, determining when they should be used, key provisions that must be considered, asset protection, and pitfalls to avoid in drafting and utilizing these trusts in estate planning.

Description

Among the most critical tasks for estate counsel and planners is ensuring that trust documents are drafted so that the trust vehicle achieves the settlor's intent. Estate planners must have a thorough knowledge of the elements of a well drafted trust, knowing when to prepare a single versus joint trust, drafting techniques, and key tax and non-tax considerations when preparing trust documents as part of comprehensive estate plans.

Counsel must understand the legal framework and rules related to trusts, funding or transferring assets to the trusts, restrictions, trustee powers, distribution provisions, and administrative provisions to make the trust useful and effective.

Listen as our experienced panel provides comprehensive and practical details on various types of trusts and their pros and cons, drafting trust documents, and key considerations for minimizing income taxes on trust receipts through careful structuring of the trust.

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Outline

  1. Reasons for the use of trusts in estate planning
  2. Types of trusts; pros and cons
  3. Determining which trust is appropriate
  4. Key drafting considerations
  5. Other challenges to examine
    1. Trustee resignation, removal, and succession
    2. Beneficiaries and distributions
    3. Properly Funding the Trust
    4. Income tax minimization

Benefits

The panel will review these and other key issues:

  • How trusts can be used to enhance the estate plan.
  • What factors must be considered when determining the type of trust to use?
  • Key trust provisions and related issues when drafting trusts.
  • When do trusts provide asset protection?
  • What are best practices for income tax minimization?

Faculty

Harder, Mark
Mark K. Harder

Partner (Former chair of the firm’s Private Client and Family Office Practice Group - and chair of the committee that wrote the Michigan Trust Code)
Warner Norcross + Judd

Mr. Harder has dedicated his practice to providing estate and succession planning services to high-net-worth...  |  Read More

Hemenway, John
John M. Hemenway

Partner
Bivins and Hemenway

Mr. Hemenway is a founding partner of Bivins & Hemenway, P.A. His educational background included substantial...  |  Read More

Access Anytime, Anywhere

Strafford will process CLE credit for one person on each recording. All formats include course handouts.

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