2023 Trust Planning and Drafting Considerations: Fiduciary Concerns, Income Tax, Trust Situs, Directed Trusts, and More

Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
Intermediate
- work Practice Area
Estate Planning
- event Date
Tuesday, July 18, 2023
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
-
This 90-minute webinar is eligible in most states for 1.5 CLE credits.
This CLE webinar will provide estate planning counsel with a comprehensive understanding and application of best practices in trust planning and document drafting in light of recent cases and current tax law. The panel will provide a thorough review of the rules and practices covering trust situs, directed trusts, beneficiaries, and distributions, as well as critical considerations for minimizing income taxes on trust receipts through careful structuring of the trust instrument.
Faculty

Mr. Dougherty focuses his practice on probate, tax, trust, and estate issues. He assists executors and beneficiaries through all aspects of the estate administration process including probate, contested estates, contentious trust litigation, tax, and post-mortem estate planning issues. His practice also includes working with affluent individuals in the development and implementation of sophisticated planning techniques to help them accumulate, preserve, and transfer their wealth. In addition to helping clients navigate through complex estate matters and identifying planning opportunities, he is a frequent author and speaker, nationally and internationally, on estate, trust, tax, and probate matters.

With more than 30 years of experience, Mr. Lipoff specializes in the delivery of domestic and international private client services to enable high-net-worth individuals and families to maximize their new or generational wealth. He provides strategic advice to his clients and their closely held businesses in the areas of income tax planning and compliance, estate planning and administration services, as well as family structure consulting. Through many years in practice, he synthesized the work of various related professionals, and their firms integrate several planning strategies into solutions that maximize value. Mr. Lipoff is a frequent lecturer and author of articles published through professional forums on topics including domestic and international - estate planning and fiduciary income taxation including constructive attribution rules for foreign trusts, Forms 3520 & 3520-A, Graegin Loans, business succession, generation-skipping transfers, Chapter 14 and carried interest estate planning for private investment fund principals, preferred freeze partnerships, and private placement life insurance.

Ms. Lo oversees the wealth planning, strategic advice and thought leadership services for the firm’s fast-growing Wealth Advisory division. She manages a national team of strategists, financial planners and thought leaders who advise high-net-worth individuals and families, business owners and entrepreneurs, and foundations and endowments. Previously, she served as the director and senior wealth planner for Citi Private Bank, and before that, she was a director at Credit Suisse. Earlier in her career, she practiced law at Milbank Tweed Hadley & McCloy, LLP in the Trust & Estates Group.
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 in the most tax-efficient means possible. Estate planners must have a thorough knowledge of the drafting techniques and key tax and non-tax considerations when structuring trust documents.
Counsel must understand the legal framework and rules related to trusts, requirements for transferring assets, restrictions, grantor and trustee powers, how to make distributions, and various tax considerations. In addition, other issues such as selecting trust jurisdiction, challenges stemming from the rule against perpetuities, trust protector provisions, nonjudicial modifications, and other items must be factored into the trust structure.
Listen as our experienced panel provides comprehensive and practical details on drafting trust documents and key considerations for minimizing income taxes on trust receipts through careful structuring of the trust.
Outline
- Selecting trust jurisdiction and governing law
- Rule against perpetuities
- Trustee resignation, removal, and succession
- Beneficiaries and distributions
- Trust protectors
- Trust modification
- Drafting provisions for income tax minimization
Benefits
The panel will review these and other key issues:
- What factors must be considered when selecting trust jurisdiction and governing law?
- What is the impact of the rule against perpetuities?
- What discretionary distribution and administration standards must be considered?
- Trust protector provisions and related issues
- Tools available for nonjudicial modification of trusts
- What are best practices for income tax minimization?
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