Trusts, Estates & Probate

4.37

Intentionally Defective Grantor Trusts Drafting Class

Credits Available
Credit Status Total
Alaska CLE Reciprocity 6 Total
Alabama CLE Approved 6 Total
Arkansas CLE Approved 6 Total
Arizona CLE Approved 6 Total
California CLE Approved 6 Total
Colorado CLE Approved 7 Total
Connecticut CLE Approved 6 Total
Delaware CLE Approved 6 Total
Florida CLE Approved 7 Total
Georgia CLE Approved 6 Total
Hawaii CLE Approved 6 Total
Iowa CLE Approved 6 Total
Illinois CLE Approved 6 Total
Indiana CLE Approved 6 Total
Kansas CLE Approved 7 Total
Kentucky CLE Approved 6 Total
Maine CLE Approved 6 Total
Minnesota CLE Approved 6 Total
Missouri CLE Approved 6 Total
Northern Mariana Islands CLE Approved 6 Total
Mississippi CLE Approved 6 Total
Montana CLE Approved 6 Total
North Dakota CLE Approved 6 Total
Nebraska CLE Approved 6 Total
New Hampshire CLE Approved 6 Total
New Jersey CLE Approved 7.2 Total
New Mexico CLE Approved 6 Total
Nevada CLE Approved 6 Total
New York CLE Approved 7 Total
Ohio CLE Approved 6 Total
Oklahoma CLE Approved 7 Total
Oregon CLE Approved 6 Total
Pennsylvania CLE Approved 6 Total
Rhode Island CLE Upon Request 6 Total
South Carolina CLE Approved 6 Total
Tennessee CLE Approved 6 Total
Texas CLE Approved 6 Total
Utah CLE Approved 6 Total
Virginia CLE Approved 6 Total
Vermont CLE Approved 6 Total
Washington CLE Approved 6 Total
Wisconsin CLE Approved 7 Total
West Virginia CLE Approved 7.2 Total
Wyoming CLE Approved 6 Total
OnDemand
5 hours 52 minutes
Oscar Grisales-Racini
Evaleen Davis
Richard Mills
Johnnie James
Matthew O
With Oscar Grisales-Racini from Robert Allen Law + 4 others
Recorded February 03, 2026.
Product ID 101561

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Overview

Gain Practical Guidance for Better Planning With Trusts

Through all the recent tax rules changes, intentionally defective grantor trusts (IDGTs) remain crucial in high-end estate planning and wealth preservation. This unique trust structure offers clients significant tax savings in a wide range of circumstances. How confident are you in your ability to take full advantage of their powerful features? In this legal class, we will move beyond the theoretical and focus on the practical, hands-on aspects of drafting, funding, and administering these trusts to meet client objectives. Hone your complex trust skills - register today!

  • Explore the statutory provisions that enable the creation of IDGTs.
  • Draft key provisions that intentionally trigger grantor trust status without causing estate inclusion.
  • Find the best ways to structure the transfer to IDGT.
  • Tailor the use of IDGTs to specific client scenarios, like illiquidity and highly appreciated assets.
  • Zero in on common mistakes that can jeopardize the tax benefits of IDGTs. 
  • Address common disputes and administration challenges.

Abbreviated Agenda

  1. Why Use an Intentionally Defective Grantor Trust (IDGT)?
  2. The Tax Basis of IDGTs
  3. Drafting Core IDGT Provisions
  4. Structuring the Transaction
  5. Funding the IDGT
  6. Trust Administration and Post-Mortem Planning
  7. Case Studies and Use Cases
  8. Legal Ethics Considerations in IDGT Use

Related Topics

Product ID 101561

Credit Details

Credits Available
Credit Status Total
Alaska CLE Reciprocity 6 Total
Alabama CLE Approved 6 Total
Arkansas CLE Approved 6 Total
Arizona CLE Approved 6 Total
California CLE Approved 6 Total
Colorado CLE Approved 7 Total
Connecticut CLE Approved 6 Total
Delaware CLE Approved 6 Total
Florida CLE Approved 7 Total
Georgia CLE Approved 6 Total
Hawaii CLE Approved 6 Total
Iowa CLE Approved 6 Total
Illinois CLE Approved 6 Total
Indiana CLE Approved 6 Total
Kansas CLE Approved 7 Total
Kentucky CLE Approved 6 Total
Maine CLE Approved 6 Total
Minnesota CLE Approved 6 Total
Missouri CLE Approved 6 Total
Northern Mariana Islands CLE Approved 6 Total
Mississippi CLE Approved 6 Total
Montana CLE Approved 6 Total
North Dakota CLE Approved 6 Total
Nebraska CLE Approved 6 Total
New Hampshire CLE Approved 6 Total
New Jersey CLE Approved 7.2 Total
New Mexico CLE Approved 6 Total
Nevada CLE Approved 6 Total
New York CLE Approved 7 Total
Ohio CLE Approved 6 Total
Oklahoma CLE Approved 7 Total
Oregon CLE Approved 6 Total
Pennsylvania CLE Approved 6 Total
Rhode Island CLE Upon Request 6 Total
South Carolina CLE Approved 6 Total
Tennessee CLE Approved 6 Total
Texas CLE Approved 6 Total
Utah CLE Approved 6 Total
Virginia CLE Approved 6 Total
Vermont CLE Approved 6 Total
Washington CLE Approved 6 Total
Wisconsin CLE Approved 7 Total
West Virginia CLE Approved 7.2 Total
Wyoming CLE Approved 6 Total
Select Jurisdiction
CLE

Agenda

All times are shown in

  1. Why Use an Intentionally Defective Grantor Trust (IDGT)?

    1. What Is a "Defective" Grantor Trust? Its Purpose and Mechanics
    2. IDGT vs. Non-Grantor Trust (NGT)
    3. Asset Protection Benefits and Shielding Appreciation
    4. Leveraging Unified Credit and Gift Tax Exemptions

  2. The Tax Basis of IDGTs

    1. A Deep Dive into Internal Revenue Code (IRC) Sections 671-679
    2. Identifying the Specific "Grantor Trust Triggers" Used in Drafting
    3. How the Grantor's Payment of Income Tax is a "Tax-Free" Gift
    4. Portability and the Impact on IDGT Planning

  3. Drafting Core IDGT Provisions

    1. Language for Granting the Power of Substitution (IRC 675(4)(C))
    2. Provisions for Distributions to the Grantor or Spouse (IRC 677)
    3. Powers of Appointment Granted to a Non-Adverse Party (IRC 674)
    4. Crummey Powers Inclusion
    5. Promissory Note Provisions, Including Interest Rate and Payment Terms
    6. Trust Protector Clause With the Power to Modify or Terminate the Grantor Trust Status
    7. Top Drafting Mistakes

  4. Structuring the Transaction

    1. How to Structure a Sale to an IDGT
    2. The Use of Promissory Notes, Interest Rates, and Loan Terms
    3. Required Trust Provisions for a Valid Sale (e.g., Adequate Consideration)
    4. Using IDGTs and GRATs (Grantor Retained Annuity Trusts) Together

  5. Funding the IDGT

    1. Initial Funding via a "Seed Gift"
    2. Proper Documentation of the Sale
    3. Types of Assets Suitable for Transfer (e.g., Appreciating Assets)
    4. Mistakes in Funding

  6. Trust Administration and Post-Mortem Planning

    1. Tax Basis Step-up Upon the Grantor's Death (IRC 1014)
    2. Navigating the Trust's Status After the Grantor's Death
    3. The Importance of Ongoing Administration and Recordkeeping
    4. Top Trust Disputes: Notable Case Law
    5. IRS Enforcement and Guidance on IDGTs

  7. Case Studies and Use Cases

    1. High-Growth Business Owner
    2. Real Estate Investor
    3. Dynasty Planning
    4. Illiquid Assets
    5. Life Insurance Planning
    6. Transferring S-Corporation Shares to an IDGT

  8. Legal Ethics Considerations in IDGT Use

    1. Competence and Specialization
    2. Who Is the Client? Preventing Conflicts of Interest
    3. Maintaining Confidentiality in the Context of Family Relationships and Asset Transfers
    4. Communicating the Risks and Potential Downsides of the Strategy
    5. Fiduciary Duties, Attorneys Acting as Trustees and Trust Protectors

Who Should Attend

This legal course is designed for attorneys. Accountants, tax professionals, trustees and fiduciaries, wealth planners, and paralegals will also benefit.

Speakers

Oscar Grisales-Racini
Oscar
Grisales-Racini
Robert Allen Law
Evaleen M Davis
Evaleen M.
Davis
Law Office of Evaleen M. Davis
Richard C Mills
Richard C.
Mills
Smith Haughey Rice & Roegge
Johnnie J James III
Johnnie J.
James, III
The Law Office of Johnnie James, PLLC
Matthew M O'Leary
Matthew M.
O'Leary
O'Leary Wallace LLP
Speaker bio
Oscar Grisales-Racini

Oscar Grisales-Racini

Robert Allen Law
Oscar Grisales-Racini

is of counsel at Robert Allen Law. His practice is concentrated on domestic and international tax, corporate and estate tax planning issues. Mr. Grisales-Racini regularly works with high-net-worth individual clients and family offices to assist with tax planning, expatriation and pre-immigration issues, inbound structures for non-U.S. clients investing or operating in the U.S., outbound structures for U.S. clients investing or operating abroad, and real estate structures for U.S. and non-U.S. investors. He is also involved in advising clients on U.S. tax compliance issues, as well as the Foreign Account Tax Compliance Act (FATCA) and the Common Reporting Standard (CRS). Mr. Grisales-Racini is licensed to practice law in several global jurisdictions, including the U.S. (Florida), England and Wales, British Virgin Islands (BVI), and Colombia. In addition to his J.D. degree, he holds specialized degrees such as an LL.M. degree in international taxation and financial services, as well as an M.B.A. degree, MSc in finance. Mr. Grisales-Racini has written several books and articles on international tax, including taxation reform in China, and U.S. inbound tax planning from Latin American and European clients.

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Speaker bio
Evaleen M Davis

Evaleen M. Davis

Law Office of Evaleen M. Davis
Evaleen Davis

is the principal of the Law Office of Evaleen M. Davis in Plano. She focuses in estate planning, probate and tax planning, including compliance for exempt organizations, as well as asset protection. Ms. Davis is board-certified in estate planning and probate law by the Texas Board of Legal Specialization. She has previously lectured on claims procedures in probate and is a frequent lecturer at the Dallas Police and Fire Pension System Pre-Retirement programs. Ms. Davis earned her B.A. degree from the University of Texas at Arlington and her J.D. degree from Texas Tech University School of Law.

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Speaker bio
Richard C Mills

Richard C. Mills

Smith Haughey Rice & Roegge
Richard Mills

is an experienced attorney who specializes in estate planning, trust and estate administration, and charitable giving. For more than 15 years, he has helped families, businesses, and charitable foundations establish legally and financially secure futures. As a leader of the Probate and Estate Planning Section of the State Bar of Michigan, Mr. Mills helped draft Michigan's trust decanting, self-settled asset protection trust, and divided and directed trusteeship legislation. As an American Bar Association leader, he's helped draft comments to the U.S. Treasury Department on proposed regulations related to donor-advised funds and met with its Office of Tax Policy to discuss important issues on behalf of charitable planning attorneys and their clients. Mr. Mills earned his undergrad from Aquinas College, his M.B.A. degree from The University of Detroit Mercy and his J.D. degree from the University of Detroit Mercy School of Law. He is admitted to practice in the state of Michigan.

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Speaker bio
Johnnie J James III

Johnnie J. James, III

The Law Office of Johnnie James, PLLC
Johnnie James

is an attorney at The Law Office of Johnnie James, PLLC. He specializes in business, criminal defense, DUI law, copyright, estate planning, entertainment, intellectual property, legal consulting, personal injury, and trademark law. Within estate planning, Mr. James focuses on key elements such as wills, trusts, power of attorney, and beneficiary designations ensure assets are distributed according to your wishes while minimizing tax burdens. He earned his degree from The University of Oklahoma and his J.D. degree from Charlotte School of Law. Mr. James is admitted to practice law in Oklahoma and before the U.S. District Court, Northern District of Oklahoma.

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Speaker bio
Matthew M O'Leary

Matthew M. O'Leary

O'Leary Wallace LLP
Matthew O'Leary

is a founding partner of O'Leary Wallace LLP, where he practices in the areas of trusts, estates and elder law, with a special emphasis on special needs planning, conservatorships, and probate and trust litigation. Mr. O'Leary earned his B.S. degree from Sacramento State University and his J.D. degree from Santa Clara University School of Law. He is a member of the State Bar of California and the San Luis Obispo Bar Association. Mr. O'Leary is admitted to practice in California.

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