Agenda / Content Covered

1. To Expand Your Planning Options (The Basics)
   10:00 — 10:30, T. James Lee
   1. Main Terms and Legal and Financial Concepts Explained
   2. Complying with Governing Laws and Jurisdiction Considerations
   3. Identifying Trust Main Parties and Their Rights and Duties
   4. Clarifying the Clients' Circumstances, Planning Needs, Assets
   5. Choosing Revocable vs. Irrevocable
   6. Addressing State-Specific Matters
2. To Transfer Assets and Avoid Probate (Versatile Revocable and Testamentary Trusts)
   10:30 — 11:00, Louis Silverman
   1. Using Trusts as Will Substitutes
   2. Choosing and Crafting Key Provisions (with Sample Trust Language)
   3. Using the Letter of Intent to Ensure the Assets are Managed and Transferred as Intended
   4. Marital and AB/Credit Shelter Trusts: When are They Still Useful?
   5. Special Designations for Unique, Hard to Sell, and Highly Appreciated Assets
   6. Joint Ownership and Pay on Death Accounts/Instruments as an Alternative to RLTs
3. To Decrease Taxes
   11:15 — 12:00, T. James Lee
   1. Complying with the Current Tax Laws
   2. Predicting and Planning for Tax Consequences of the Trust
   3. Minimizing Transfer and Estate Taxes: Portability, Step-up Basis, and More
   4. Planning for Multiple Generations
   5. Using Defective Trusts
   6. Allocating the Taxation of the Trust Income/Principal
   7. CRTs vs. CLTs: Determining the Priority of the Charitable Intent and Structuring the Trust Accordingly
   8. Grantor vs. Nongrantor Trusts in Tax Planning
   9. Sample Trust Provisions Review
4. To Control Distributions and Manage Inherited Assets
   12:30 — 1:00, Louis Silverman
   1. Ensuring Full Trust Funding
   2. Planning for Regular, Mandatory, and Discretionary Distributions (with Sample Trust Language)
   3. IRA Trusts: Stretching out IRA Distributions
   4. How the Grantor can Control Beneficiary Behavior
   5. Investment and Power of Appointment Provisions
   6. Designing Trust Continuation and Assets Management
   7. Planning for Tax Consequences of Trust Distributions
5. To Preserve Medicaid Benefits and Provide for Disability (Special Needs Trusts, Income-Only Trusts and More)
   1:00 — 1:45, Ann Larkin
   1. Choosing the Right Trust Structure
   2. Preserving Family Assets
   3. How and When IDGITs can Help
   4. Preserving Public Benefits
   5. Making the Funds Available to the Disabled
   6. Trusts, ABLE Accounts and the Medicaid Payback Obligation
6. To Guard Against Third Parties (DAPTs, Spendthrift Provisions, Etc.)
   1:45 — 2:30, Ann Larkin
   1. Determining Top Asset Protection Priorities
   2. First-Party vs. Third-Party Protection
   3. What Jurisdiction Works Best?
   4. Choosing the Trust Structure
   5. Drafting Trust Provisions That Insulate the Grantor (with Sample Trust Language)
   6. Third-Party Discretionary Trusts in a Nutshell
   7. Making Sure Protections Don't Get Stripped
   8. Are Subtrusts Needed?
   9. Using Trusts to Own Real Estate
7. To Manage and Transfer a Family Business
   2:45 — 3:30, Ann Larkin
   1. Using Trusts for Lifetime Transfers
   2. Preventing Family Conflict and Ensuring Continued Operation
   3. Structuring Material Participation by Trusts
   4. Coordinating Family LLC Agreements and Trusts
   5. When and How to Use Dynasty Trusts
   6. Working with Trust Protectors for Business Interests
   7. Determining Whether the Trust Should Operate a Decedent's Family-Owned Business
8. To Own, Purchase and Transfer Real Estate
   3:30 — 4:00, T. James Lee
9. Legal Ethics in the Trusts Practice
   4:00 — 5:00, Louis Silverman
   1. Setting Reasonable Attorney Fees
   2. Guarding Client Confidentiality
   3. Verifying Testamentary Capacity
   4. Conflicts of Interest in Joint Representation
   5. Fiduciary Liability

Accreditation Details:

ANN H. LARKIN is a shareholder at Midgett Preti Olansen PC. She focuses her practice on estate planning, estate and trust administration, special needs planning, and guardianship and conservatorship matters. Ms. Larkin is certified by the Virginia Supreme Court as a guardian ad litem for incapacitated adults and is a Veterans Administration (VA) accredited attorney certified to assist claimants in their appeals of denied claims for VA benefits. She has extensive experience designing estate plans ranging from basic to complex. Ms. Larkin works closely with individuals to ensure that they and their loved ones are cared for properly and respectfully in the event of incapacity or disability. She serves as trustee of trusts with both individual and charitable beneficiaries, administers large and small estates as personal representative, and frequently counsels clients through the probate process, including probate avoidance techniques. Ms. Larkin graduated cum laude from the State University of New York at Binghamton with a B.A. in English literature and rhetoric. She received her J.D. degree from William and Mary Law School. After law school, Ms. Larkin was a law clerk to the Honorable Robert W. Wooldridge, Jr. of the 19th Judicial Circuit of Virginia. She practiced in the litigation group at a Washington, D.C. law firm, served as an assistant Commonwealth's Attorney in Fairfax County, Virginia, and worked as a staff attorney for a Commissioner of Accounts in Norfolk, Virginia. Ms. Larkin is a current member of the Hampton Roads Estate Planning Council and the Virginia Association of Elder Law Attorneys.

T. JAMES LEE is a shareholder and director in the Phoenix office of Fennemore Craig, P.C., and chairs the firm’s private wealth preservation (trusts and estates) practice group. He is certified as a trust and estate specialist by the State Bar of Arizona, and practices in the areas of estate planning, trust and estate administration, charitable giving, business design and structuring, international taxation, and commercial transactions. Mr. Lee is a member of the American Bar Association, the Utah State Bar, the ABA's Committee on Estate and Gift Taxes (Taxation Section), and is a fellow of the American College of Trust and Estate Counsel (ACTEC). He earned his undergraduate degree in business management from Brigham Young University, with distinction as the top business school graduate in the area of entrepreneurship. He graduated, with honors, from the J. Reuben Clark Law School at BYU.

LOUIS A. SILVERMAN is an attorney at Silverman Law Offices, where he practices in the areas of estate planning, estate administration, probate law, and related tax matters. Mr. Silverman became board-certified in estate and trust law by the State Bar of Arizona. His practice emphasizes estate planning, which includes wills and trusts and other estate planning devices, and trust administration and probate, which includes death probate, guardianship, and conservatorship. Mr. Silverman has served as judge pro tem on the Maricopa County Superior Court. He is a member of WealthCounsel and is a past member of the Elder Law, Mental Health and Special Needs Planning Section of the State Bar of Arizona. Mr. Silverman is on the Board of Trustees of Southwest College of Naturopathic Medicine and past president of the Board of Directors of Tempe Leadership. Mr. Silverman earned his B.S. degree in business from Arizona State University and his J.D. degree from South Texas College of Law in Houston. He is admitted to practice in the state courts of Arizona and Texas, the U.S. District Court for Arizona, and the Western District of Texas.