2023 Trust Planning and Drafting Considerations: Fiduciary Concerns, Income Tax, Trust Situs, Directed Trusts, and More
Note: CPE credit is not offered on this program
Recording of a 90-minute CLE video webinar with Q&A
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.
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?
Faculty
James I. Dougherty
Partner
Dungey Dougherty
Mr. Dougherty focuses his practice on probate, tax, trust, and estate issues. He assists executors and beneficiaries... | Read More
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.
Lawrence M. Lipoff, CPA, TEP
Director
CohnReznick
With more than 30 years of experience, Mr. Lipoff specializes in the delivery of domestic and international private... | Read More
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.
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Alvina H. Lo
Chief Wealth Strategist
Wilmington Trust
Ms. Lo oversees the wealth planning, strategic advice and thought leadership services for the firm’s fast-growing... | Read More
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.
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