San Francisco, April 22, 23 and 24
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.
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
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
CASE STUDIES (11:15 am – noon) lunch break (1 pm – 5:00 pm)
