Can Trusts be Creditor-Proof?

Drafting estate planning instruments for clients whose definition of family is one that is fluid and inclusive is more important than ever. Estate planning attorneys have traditionally been accustomed to drafting provisions that exclude family members but doing so without caution may invite a successful probate challenge or worse. In this interactive workshop participants will learn about: 1. Drafting for clients with chosen family, though their biological family members are alive, and no adoption ever took place 2. Designing provisions for Lawful Permanent Residents who have U.S. citizen children but who otherwise have primarily non-U.S. family. 3. Crafting provisions that address disproportionate gifting and that assist in avoiding probate and probate challenges

Focus on drafting tax apportionment clauses and how the standard clause can have unintended consequences if not discussed with the client. We will review several examples to demonstrate how a standard apportionment clause, or a lack of any direction as to the payment of estate taxes, could impact the ultimate distributions under an estate plan.

Once estate planning documents have been signed and assets have been retitled, clients may feel like they are “finished” with their planning. Typically, they put their documents in a drawer and assume that their executor or trustee will deal with everything post-death. Understand the importance of organizing and updating asset and liability information, learn strategies for dealing with tricky assets and minimizing the risk of family conflict, and review the importance of documenting certain wishes that may not be expressly written into the will or trust. Plus learn about effective communication techniques with and among the plan’s key stakeholders.