Learn how you can help clients consider when it might be desirable to tap into noncharitable trusts for charitable giving. The discussion will include tips on how to utilize existing irrevocable trust assets for desired or obligatory gifts to charity and how to draft new trusts to promote flexibility for future family philanthropy.
Get practice pointers for both First-Party and Third-Party Special Needs Trusts and learn how to effectively use expanded powers and planning language in power of attorney documents, wills and trusts to accommodate special needs. Also included are tips for planning for a spouse's disability within an estate plan.
Explore the interplay between divorce litigation and trust and estate law, including the extent to which trust assets will be considered; representation and protection of trust assets; privacy rights and other beneficiary interests; and discovery of trusts and other “expectancy interests.” You will also learn about drafting considerations based on factors that may be scrutinized by a divorce court in determining the extent to which trust assets will be considered.
Learn about the differences and similarities between estate planning and asset protection planning using examples from real client circumstances. While estate planning is recommended for all, asset protection planning, may be useful only to some. Asset protection planning uses different planning criteria and often treats and repositions assets differently. You will learn why planning timeframes for asset protection planning are different depending on the occurrence of potentially or obviously different triggering events and how to use a considered analysis of these two types of planning to better serve your clients and why some plans succeed, and others fail.
A disclaimer is a denial or non-acceptance by someone of his/her title to property. Disclaimers add flexibility for estate planning, especially in a world that can often change.