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Overview
Bridge the Divide Between Intended and Actual Use of Trusts
In this engaging discussion between an experienced trusts and estates attorney and a skilled trustee with a special focus on special needs trusts, we attempt to bridge the chasm between the intended use of trusts and their effective implementation. Benefit from the shared experience on both sides of the trust process and come away with practical tips for avoiding drafting mistakes and improving settlement and administration tasks. No matter your role in trusts and estate planning, you can't afford to miss this practical discussion. Hone your skills - register today!
- Discuss what planned provisions work, which ones don't, and how to fix it.
- Determine when a special needs trust is needed, and what unique challenges and opportunities it often presents.
- Ensure the trust is activated after it's drafted - clarify who must fund it and when.
- Improve beneficiary reporting: discuss the reasoning behind minimal required disclosures vs. disclosing everything.
- Explore the real-life implications and intricacies of trusts post-drafting.
This program was designed in conjunction with NBI's esteemed 2023-2024 Content Advisory Committee Member attorney Louis Silverman and fiduciary counsel Bridget O'Brien Swartz.
Abbreviated Agenda
- Drafting and Interpreting the Trust (With Sample Language)
- Special Needs Trusts (SNTs): Unique Considerations
- Initial Stages of Trust Administration
- Trust Settlement and Ongoing Trust Administration
Can't Attend Live?
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We will notify you when the ondemand recording is available.
Credit Details
Credits Available
| Credit | Status | Total |
|---|---|---|
| Alaska CLE |
|
3 Total |
| Alabama CLE |
|
3 Total |
| Arkansas CLE |
|
3 Total |
| Arizona CLE |
|
3 Total |
| California CLE |
|
3 Total |
| Colorado CLE |
|
4 Total |
| Connecticut CLE |
|
3 Total |
| Delaware CLE |
|
3 Total |
| Florida CLE |
|
3.5 Total |
| Georgia CLE |
|
3 Total |
| Hawaii CLE |
|
3 Total |
| Iowa CLE |
|
3 Total |
| Idaho CLE |
|
3 Total |
| Illinois CLE |
|
3 Total |
| Indiana CLE |
|
3 Total |
| Kansas CLE |
|
3.5 Total |
| Kentucky CLE |
|
3 Total |
| Maine CLE |
|
3 Total |
| Minnesota CLE |
|
3 Total |
| Missouri CLE |
|
3.6 Total |
| Northern Mariana Islands CLE |
|
3 Total |
| Montana CLE |
|
3 Total |
| North Carolina CLE |
|
3 Total |
| Nebraska CLE |
|
3 Total |
| New Hampshire CLE |
|
3 Total |
| New Jersey CLE |
|
3.6 Total |
| New Mexico CLE |
|
3 Total |
| Nevada CLE |
|
3 Total |
| New York CLE |
|
3.5 Total |
| Ohio CLE |
|
3 Total |
| Oklahoma CLE |
|
3.5 Total |
| Pennsylvania CLE |
|
3 Total |
| South Carolina CLE |
|
3 Total |
| Tennessee CLE |
|
3 Total |
| Texas CLE |
|
3 Total |
| Utah CLE |
|
3 Total |
| Virginia CLE |
|
3 Total |
| Vermont CLE |
|
3 Total |
| Washington CLE |
|
3 Total |
| Wisconsin CLE |
|
3.5 Total |
| West Virginia CLE |
|
3.6 Total |
| Wyoming CLE |
|
3 Total |
| Arizona CPE for Accountants |
|
3.5 Total |
| New York CPE for Accountants |
|
3.5 Total |
| Washington CPE for Accountants |
|
3.5 Total |
| Wisconsin CPE for Accountants |
|
3.6 Total |
| CPE for Accountants/NASBA |
|
3.5 Total |
Select Jurisdiction
CLE
Other
Agenda
-
Drafting and Interpreting the Trust (With Sample Language)
- Choosing the Trustee and Drafting for Vacancy and Successorship
- Drafting Consistently Throughout Documents (Wills, Financial and Healthcare POAs)
- Distinguishing Between Trustees and Other Fiduciaries
- How Common Drafting Mistakes Affect Trust Administration
- Smoothing the Transition From the Attorney to the Trust Fiduciary
-
Special Needs Trusts (SNTs): Unique Considerations
- When Is the SNT Needed?
- High-Level Drafting Considerations
- Benefits Eligibility Concerns
-
Initial Stages of Trust Administration
- Identifying Trust Assets, Locating Missing Documentation
- Valuing Trust Assets
- Identifying, Locating, and Notifying Beneficiaries
- Who Funds the Trust and When?
-
Trust Settlement and Ongoing Trust Administration
- Managing Trust Assets and Investments
- Making Distributions to Beneficiaries Under the Trust Terms
- Recordkeeping
- Communicating With and Reporting to Beneficiaries
- Dealing With Complexities and Conflict
- Modifying and Terminating a Trust
- Outsourcing Tasks and Engaging Professionals
Who Should Attend
This engaging legal course is designed for attorneys. Accountants, trustees, other fiduciaries, and paralegals will also benefit.
Speakers
Speaker bio
John L. Dagley
is a partner at Buck Keenan LLP. He handles cases in all aspects of civil litigation. Mr. Dagley represents clients and tries cases for plaintiffs and defendants in state and federal trial courts, arbitrations, and on appeal throughout the United States. He is responsible for winning significant multi-million-dollar settlements and judgments for owners, operators, businesses, organizations, shareholders, and individuals in a wide range of practice areas, including fiduciary and probate, oil and gas, insurance, healthcare, partnerships, closely held businesses, and unique family disputes. Mr. Dagley is board-certified in civil trial law by the Texas Board of Legal Specialization, a specialty certification held by less than one percent of lawyers in Texas. He is regularly asked to participate in continuing legal education events, including the State Bar of Texas Fiduciary Litigation course, State Bar of Texas Breaking Boundaries in Custody Litigation course and StoneTurn Group Intellectual Property Roundtable. Mr. Dagley earned his B.B.A degree from Baylor University, his J.D. degree from Baylor University and his LL.M. degree from Baylor University.
Speaker bio
Chuck D. Brown
is senior vice president, trust officer and general counsel for Southwestern Missouri Bank, a community bank headquartered in Carthage, with eleven branch offices in six communities. Mr. Brown, as head of the trust department, works with numerous tax professionals in the preparation of individual, trust and foundation tax returns. Mr. Brown is a graduate of Central Methodist University and the University of Missouri-Columbia School of law. He was admitted to The Missouri Bar, and practiced estate planning and administration with a regional law firm located in Joplin, prior to his joining the Bank in 2017.
Speaker bio
Jennifer M. Rohleder
is a partner at Dunlap Bennett & Ludwig PLLC. She specializes in corporate transactions, capital raising, strategic business counseling, and estate planning for entrepreneurs and business owners. Ms. Rohleder brings over 17 years of legal expertise, advising businesses on complex transactions, growth strategies, and financial structuring. She earned her B.S. degree from Worcester Polytechnic Institute, her J.D. degree from American University, and her M.A. degree from Whitworth College. Ms. Rohleder is admitted to practice law in Virginia, the District of Columbia, and before the U.S. District Court for the Eastern District of Virginia.
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