Drafting and Designing Revocable Trusts – Next Trust Seminar:
- San Jose – “Drafting and Designing Revocable Trusts” January 19, 20, 21 – 55 West Santa Clara Street, San Jose.
We are honored to have 7 very experienced estate planners lined up to teach this class:
About the Class – This is a three day, intensive 20 hour CLE course with emphasis on revocable trust practical drafting instruction and analysis of case studies & sample provisions. Experienced practitioners provide guidance for each step in the estate planning process from pre-engagement to drafting to execution of final documents to termination of representation. Register for this course here.
SAMPLE AGENDA
DAY ONE:
PRELIMINARY MATTERS – (8:30 am – 11 am)
- Gathering Information: Strategies
- Engagement Letters/Fees
- Ethical Considerations and Conflicts
- Capacity Issues
- Pre-Drafting Checklist
- Internal Office Procedures
- Selecting an Appropriate Vehicle
- Revocable Trust: Why and When?
NUTS AND BOLTS OF DRAFTING – PART ONE (11:15 am – Noon) lunch break
(1 pm- 2:30 pm)
- Statutory Requirements and Elements of a Good Dispositive Document
- An Introduction to Drafting: General Principles, Boiler Plate and Use of Forms
- Importance of Characterizing Property
- Clauses Effective During Lifetime of Settlor(s)
- Administrative Clauses
- Building Flexibility into the Plan
NUTS AND BOLTS OF DRAFTING – PART TWO (2:45 pm- 5 pm)
- Fiduciary Provisions
- Contingent Clauses For Children and Grandchildren
- Clauses for Minors, Incompetent Persons, Special Needs, Spendthrifts
- Disposing Provisions: Specific and Residual
- No-Contest and Disinheritance Clauses
DAY TWO:
APPLICABLE EXCLUSION AMOUNT, PORTABILITY and SUB-TRUST PLANNING (8:30 am – 11 am)
- Taxable vs. Non-Taxable Trusts
- Introduction to Transfer Taxes and the Gross Estate
- Overview of Gift Taxation
- Portability
- Understanding and Drafting For the Marital Deduction
PLANNING FOR MARRIED CLIENTS – (11:15 am – noon) lunch break (1 pm – 2:30 pm)
- Disclaimer Trusts
- Forms of Marital and Family Trusts
- Combined Marital Trust/Bypass Trust Planning
- Using Q-TIPS
- Tax Apportionment Clauses
PLANNING FOR SINGLE CLIENTS and SMALLER ESTATES, POUR-OVER WILLS (2:45 pm – 5 pm)
- Considerations When Planning Smaller Estates
- Widows, Widowers and Divorced Clients
- Unmarried Clients
- Pour – Over Wills – Standard Clauses
- Guardianship
- Executor Powers
- Coordinating Will Provisions With Other Estate Planning Documents
- Coordinating Life Insurance and IRA Designations
DAY THREE:
SELECTING PROPERTY TO FUND THE TRUST, POWERS OF ATTORNEY, HEALTH CARE DIRECTIVES – (8:30 am – 11 am)
- Mechanics of Trust Funding
- Selecting Trust Assets
- Disposing of Tangible Personal Property
- Special Provisions For Real Estate
- Certifications of Trust
- Drafting Durable Powers of Attorney
- Advance Health Care Directives