Utah Trust Drafting Essentials

Agenda / Content Covered

1. Trusts Overview and Client Intake
   1:00 — 1:45, Zachary Derr
   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 Trust)
   1:45 — 2:30, Zachary Derr
   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, Michael Marsalese
   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, David Stevenson
   1. Spendthrift
   2. Asset Protection
   3. Medicaid Eligibility
   4. Crummey Powers
   5. Charitable
   6. Intentionally Defective Trusts

Accreditation Details:

Zachary W Derr is the founder and managing member of Foxhall Legal, LC. As an elder law attorney, Mr. Derr is accredited by the Department of Veterans Affairs and a certified Medicaid planner. During law school, he worked for the U.S. Securities and Exchange Commission and the U.S. Department of Justice. Mr. Derr served on the Alternative Dispute Resolution Skills Board and was vice president of the J. Reuben Clark Law Society. He is licensed to practice in Utah and before the U.S. District Court of Utah. Mr. Derr is a member of the Utah State Bar. He earned his B.A. degree from Brigham Young University and his J.D. degree from George Washington University in Washington, D.C.

Michael P Marsalese is the managing member of The Marsalese Law Group, PLLC, a boutique law firm focusing on estate planning as an essential element of one’s business and individual planning; an owner’s manual of sorts. Formerly FINRA licensed as a securities stocker broker (Series 7) and general principal (Series 24), Mr. Marsalese’s estate planning practice utilizes the most cutting-edge techniques to assist his clients achieve their legacy planning goals. He is the founding member of the Estate Planning Institute, LLC, an organization offering comprehensive instruction on important and timely issues facing all estate planning professionals and clients. Mr. Marsalese is a charter member of the National Network of Estate Planning Attorneys, an interactive alliance of law firms nationwide, dedicated to creating estate plans that work at the outset while maintaining their viability over time through a formal process of updating and family education. He is also a member of the Probate and Estate Section of the Michigan Bar Association and the Financial and the Estate Planning Council of Metropolitan Detroit, Inc. Mr. Marsalese received his B.A. degree from Wayne State University and his J.D. degree from John Marshall Law School in Chicago, Illinois; and attended the University of Florence (Italy) Law School. Mr. Marsalese is licensed to practice law in the states of Michigan, New York, Florida, Ohio, and the District of Columbia. He is admitted to practice before the U.S. Supreme Court, U.S. Court of Federal Claims, U.S. Court of Appeals 6th Circuit, U.S. Federal District Court for the districts in Michigan and the U.S. Bankruptcy Court for the Eastern District of Michigan. His area of technical expertise is the integration of financial planning and estate planning. He was a contributing author and legal editor of the treatise, The Art of M & A (Dow Jones Irwin ISBN 1-55623)."

 

David B Stevenson is a shareholder with Stevenson Smith Hood Knudson, P.C., where he practices business and commercial law, employment and labor law, environmental law, litigation, personal injury, property and real estate law, wills, trusts, estates and probate, contract law, and mergers/acquisitions law. Mr. Stevenson is admitted to practice in Utah and Tennessee; Utah and Tennessee Court of Appeals; U.S. District Court, District of Utah; U.S. District Court, Western District of Tennessee; and U.S. Court of Appeals for the Sixth Circuit. He is a member of the Utah State Bar and Weber County Bar Associations, and the American Inns of Court. Mr. Stevenson earned his B.S. degree from Brigham Young University, his M.S. degree from Duke University, and his J. D. degree from the University of Memphis, Cecil C. Humphreys School of Law.