Virginia Trust Drafting Essentials

Agenda / Content Covered

All times are shown in Eastern time.

1. Trusts Overview and Client Intake
   1:00 - 1:45, Kimberly Martin Turner
   1. State and Federal Laws Governing Trust Creation
   2. Parties to a Trust: Their Duties and Responsibilities
   3. Determining Your Client's Needs and Reasons for Drafting a Trust
   4. State and Local Tax and Property Laws Affecting Trust Drafting
   5. Situs and Jurisdiction Issues, Out-of-State Property
2. Revocable Trust Formation Plus Pourover (With a Sample Language)
   1:45 - 2:30, Kimberly Martin Turner
   1. Revocable Trust Structures and Uses
   2. Choice of Trustee(s)
   3. Key Provisions Walkthrough
   4. Common Drafting Mistakes
3. Irrevocable Trust Structures and Essential Elements (With Sample Trust Language)
   2:45 - 3:30, Julianne Naff
   1. Unique Features of Irrevocable Trusts
   2. When (and How) to Use Specialized Trusts (SNTs, Miller Trusts, DAPTs, IRA Trusts, etc.)
   3. Trust Language Review
   4. When Irrevocable Trust Becomes Revocable
4. Top Powerhouse Provisions (With Sample Language)
   3:30 - 4:15, Julianne Naff
   1. Spendthrift
   2. Asset Protection
   3. Medicaid Eligibility
   4. Crummey Powers
   5. Charitable
   6. Intentionally Defective Trusts

JULIANNE B. NAFF is an attorney with Anderson, Desimone & Green, P.C., where her practice is exclusively devoted to estate planning, elder law, estate and trust administration, and guardianship. Ms. Naff is a member of the Virginia State Bar, the Trusts & Estates and Elder Law sections of the Virginia Bar Association, and the National Academy of Elder Law Attorneys (NAELA). Locally, she is treasurer of the Virginia Women Attorneys Association, Roanoke Chapter and is a member of the Roanoke Bar Association. Ms. Naff earned her B.S. degree, cum laude, from Virginia Tech and her J.D. degree from the Charleston School of Law. She is a frequent guest speaker on topics such as estate planning, elder law, long term care planning, guardianship, and special needs.

KIMBERLY MARTIN TURNER is an attorney and principal of The Law Office of Kimberly Martin Turner, PLLC, based in Arlington, Virginia. She concentrates her practice on estate planning, and trust and estate administration in Virginia, Maryland, and the District of Columbia. Ms. Turner drafts wills, trusts, asset agreements, and related instruments. She handles all aspects of estate and trust administration, including probate, accountings, and the preparation and review of estate and fiduciary tax returns. Ms. Turner also serves as counsel to executors and trustees and represents fiduciaries in probate courts in Virginia, the District of Columbia, and Maryland.