[Audio Download] The Missouribar – 2020 Drafting Distribution Provisions in Trusts

[Audio Download] The Missouribar – 2020 Drafting Distribution Provisions in Trusts

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Description

Practice Area:
Trusts, Estate Planning & Probate
Format:
Audio Only

Description

Distribution provisions are the most essential provisions of trust instruments – and risk lurks everywhere. If a trustee has unbounded discretion, he or she risks a “general power of appointment,” which would cause the trust’s assets to be taxable to the holder of the power of appointment. But distribution standards – especially for “standard of living” or “emergencies” – are inherently susceptible to multiple interpretations and dispute, and potentially to litigation. Ultimately, planning and drafting these provisions is an exercise in risk management and tradeoffs. This program will provide you with a real world guide to planning and drafting distribution provisions in trust instruments, including the tradeoffs and risks.

  • Risks of discretionary distributions – power of appointment, taxable inclusion, litigation
  • Cost/benefit of heavily detailed v. general distribution provisions
  • Ascertainable standards – health, education, maintenance, and support (HEMs)
  • Drafting sole and absolute discretion, emergencies, best interests, and standard of living
  • Role of fiduciary duties in making distribution decisions
  • Tax considerations when making distributions

This material can only be used for self-study credit. A lawyer can receive up to six hours of self-study credit. Self-study programs don’t qualify for ethics, elimination of bias or Kansas credit.

Materials

Faculty

Daniel L. Daniels Related seminars and products: 1


Daniel L. Daniels. His practice focuses on representing business owners, corporate executives and other wealthy individuals and their families. He is a Fellow of the American College of Trust and Estate Counsel and has been named one of the Top 100 Lawyers in the United States. Mr. Daniels is a co-author of a monthly column. Mr. Daniels received his A.B., summa cum laude, and his J.D., from Harvard Law School.


Salepage: https://mobar.ce21.com//item/2020-drafting-distribution-provisions-trusts-342595
Archive: https://archive.ph/wip/lxu7b

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