Audio CD + Course Book

Trusts: The Ultimate Guide

Audio CD + Course Book

Copyright Date:

December, 2017

Product ID#:

77262CDRA

Audio + Course Book

Credit Information

Continuing Legal Education

  • CA CLE - 12.00
From Event: Trusts: The Ultimate Guide, held December 2017.

Program Description

This definitive guide to trusts will give you key knowledge of unique trust structures, sample provisions language, and reasoning for which planning tools better suit specific client situations. Understand the key structures and uses of today's top trusts and anticipate administration challenges and tax consequences. Order today!

Course Content

DAY ONE

  1. Key Parties, Terms, Legal Concepts
  2. Revocable vs. Irrevocable and Revocable to Irrevocable
  3. Grantor Trusts
  4. IRA Trusts
  5. Medicaid-Planning Trusts
  6. Special Needs Trusts

DAY TWO

  1. Asset Protection Trusts: Domestic and Offshore
  2. Living vs. Testamentary Trusts
  3. Legal Ethics
  4. Trust Decanting, Modification, Dissolution, and Constructive Trusts
  5. Tax Deduction with Trusts

Continuing Education Credit

Continuing Legal Education – CLE: 12.00 CA - Credit Approval Expiration 12/04/2019 *


* denotes specialty credits

Agenda / Content Covered

Day 1

  1. Key Parties, Terms, Legal Concepts
    9:00 - 10:00, Written by Michael E. Lonich. Presented by Michael E. Lonich in San Francisco, Ryan M. Janisse in Fresno and Ralph T. Kokka in Walnut Creek.
    1. Key Laws of Trust Drafting and Administration
    2. Current State and Federal Tax Regime Update
    3. Grantors, Beneficiaries, Trustees and Other Trust Parties
    4. Does Your Client Need a Trust?
    5. Creditor Rights in Regards to Trusts
  2. Revocable vs. Irrevocable and Revocable to Irrevocable
    10:15 - 11:15, Written by Michael E. Lonich. Presented by Michael E. Lonich in San Francisco, Ryan M. Janisse in Fresno and Roxanne T. Jen in Walnut Creek.
    1. Revocable vs. Irrevocable
    2. When can a Trust Become Irrevocable and the Consequences it Carries
  3. Grantor Trusts
    11:15 - 12:15, Written by Sheila K. Robello. Presented by Sheila K. Robello in San Francisco, Ryan M. Janisse in Fresno and Roxanne T. Jen in Walnut Creek.
    1. Types of Grantor Trusts and Their Uses
    2. Securing Grantor Trust Status
    3. Grantor Trust Taxation
    4. Trustee Powers and Duties
    5. "Intentionally Defective" Language
    6. Sample Trust Provisions Review
  4. IRA Trusts
    1:15 - 2:15, Written by Jeffrey S. Tachiki. Presented by Jeffrey S. Tachiki in San Francisco and Walnut Creek, and Ryan M. Janisse in Fresno.
    1. Inherited IRAs After Clark Decision
    2. IRA Trusts: Key Concepts and Design
    3. Conduit vs. Accumulation Trust
    4. Required Minimum Distributions Issues and Workarounds
    5. Sample Provisions
    6. Key Administration Challenges
  5. Medicaid-Planning Trusts
    2:30 - 3:30, Written by Susanne B. Cohen. Presented by Susanne B. Cohen in San Francisco and Walnut Creek, and Bruce Francis Kennedy in Fresno.
    1. Medicaid Eligibility in a Nutshell
    2. Asset Transfer Tactics
    3. Income-Only Trusts in Medicaid Planning
    4. How Non-Medicaid Trusts can Affect Benefits and Estate Recovery
  6. Special Needs Trusts
    3:30 - 4:30, Written by Susanne B. Cohen. Presented by Susanne B. Cohen in San Francisco, Bruce Francis Kennedy in Fresno and Jennifer F. Scharre in Walnut Creek.
    1. SNTs vs. ABLE Act Accounts
    2. Types of SNTs and Their Uses
    3. Tax Consequences and Benefits Preservation
    4. Allowable Expenses

Day 2

  1. Asset Protection Trusts: Domestic and Offshore
    9:00 - 10:15, Written by Francis B. Doyle. Presented by Lily Moallem in San Francisco, SusAnne Lee Chung in Fresno and Ralph T. Kokka in Walnut Creek.
    1. Self-Settled Trusts in General
    2. Drafting the Spendthrift Provisions
    3. When to Use a DAPT
    4. Jurisdiction Issues and Comparison of Favorable Jurisdictions
    5. Tax Compliance and Reporting
    6. Using a Foreign Jurisdiction: Reasons and Methods
    7. Saving on State Income Tax with Delaware or Nevada Incomplete Non-Grantor Trusts (DINGs and NINGs) - IRS PLR 201430003-PLR 201430007
  2. Living vs. Testamentary Trusts
    10:30 - 11:45, Written by Lily Moallem. Presented by Lily Moallem in San Francisco, SusAnne Lee Chung in Fresno and Ralph T. Kokka in Walnut Creek.
    1. When are Testamentary Trusts Used?
    2. Living vs. Testamentary Trusts for Tax Purposes
    3. Unique Funding and Administration Issues
    4. Key Provisions Review
  3. Legal Ethics
    11:45 - 12:45, Written by Sheila K. Robello. Presented by Sheila K. Robello in San Francisco, Bruce Francis Kennedy in Fresno and Julie R. Woods in Walnut Creek.
    1. Who is Your Client?
    2. Top Malpractice Risks in Trusts Practice
    3. Fiduciary Liability Considerations
    4. Avoiding Fraudulent Transfers
    5. Testator Capacity Issues
  4. Trust Decanting, Modification, Dissolution, and Constructive Trusts
    1:45 - 3:00, Written by Bruce Francis Kennedy. Presented by Lily Moallem in San Francisco, Bruce Francis Kennedy in Fresno and Julie R. Woods in Walnut Creek.
    1. Modification: Consent, Court, Decanting
    2. Termination: Consent, Court
    3. Constructive Trusts
  5. Tax Deduction with Trusts
    3:15 - 4:30, Written by Francis B. Doyle. Presented by Lily Moallem in San Francisco, SusAnne Lee Chung in Fresno and Jennifer F. Scharre in Walnut Creek.
    1. Taxation of Trusts
    2. Accounting vs. Taxable Income
    3. Tax Consequences of Distributions
    4. 3.8% NIIT Surtax
    5. Accumulation Distribution for Some Complex Trusts
    6. The 2% Floor on Miscellaneous Itemized Deductions
    7. Material Participation by Trusts - Recent IRS Changes
    8. Tax Consequences of Trusts in Estate Administration

SUSANNE LEE CHUNG is the founding attorney of Legacy Law Office, A Professional Law Corporation, where her practice is limited to estate planning, business planning, real estate transactions, business law, and non-profit corporations. Additionally, she uses her real estate broker license with the California Bureau of Real Estate to handle real estate property management during trust administrations and to assist clients in private party real estate sales. Ms. Chung is the author of Do You Need a California Living Trust? Understanding Basic Estate Planning in California; Get Your Information in Order: A Guide for Organizing Your Personal, Estate and Financial Information and Funding Your Living Trust. Ms. Chung is a member of the State Bar of California and the Virginia State Bar. She graduated with a B.A. degree in journalism and a Spanish minor from the University of Oregon and earned her J.D. degree at Regent University School of Law, Virginia Beach, Virginia. In law school, she earned the American Jurisprudence Award for legal writing and two Distinguished Achievement Awards, recognizing her for the highest grades in estate law and family law in her graduating class. As a fourth-generation Ventura County, California resident, she particularly enjoys multi-generational estate and business planning. (Fresno location)

SUSANNE B. COHEN is an attorney in solo practice in San Francisco and Berkeley at The Law Offices of Susanne B. Cohen. She specializes in elder finance abuse litigation, representing fiduciaries in conservatorship, trust and probate administration, estate and long term care planning, with an emphasis on public benefits eligibility and special needs trusts. Ms. Cohen earned her B.A. degree from Vasser College and her J.D. degree from Loyola Law School of Los Angeles. She is a contributing author for CEB and Matthew Bender practice guides on conservatorships, trust litigation, and Medi-Cal planning. She is a member of the State Bar of California, the State Bar of Arizona, the Bar Association of San Francisco, the East Bay Trusts & Estates Lawyers, and the Academy of Special Needs Planners. (San Francisco and Walnut Creek locations)

RYAN M. JANISSE is an attorney with the law firm of Gilmore Magness Janisse, A Professional Corporation in Fresno, California. His practice includes estate and succession planning, probate and trust administration, probate and estate litigation, conservatorships, business matters, and transactional law. Mr. Janisse earned his B.A. degree from the University of California, Santa Cruz and his J.D. degree from the University of San Diego School of Law. Mr. Janisse is a member of the American Bar Association, the State Bar of California, the Fresno County Bar Association (Trusts and Estates Section, co-chair 2013 & 2014), the Fresno Estate Planning Council, the Society of Financial Services Professionals and the Ag Lenders Society of California. (Fresno location)

ROXANNE T. JEN is an attorney with Rodnunsky & Associates. She works with individuals, families, and corporations on legal matters pertaining to trust and estate planning. Her expertise spans a wide range of trust administration and probate issues, in partnership with individual administrators and corporate trustees. Ms. Jen is a certified specialist in estate planning, trust and probate law. She received her undergraduate degree from the University of Washington. She also holds J.D. and M.B.A. degrees from the Seattle University School of Law and the Albers School of Business and Economics. Ms. Jen is an active member of the State Bar of California and the Washington State Bar Association. She is fluent in Mandarin-Chinese and Cantonese. (Walnut Creek location)

BRUCE FRANCIS KENNEDY is a sole practitioner with offices in Oakhurst and Madera, California. He has been an attorney for more than 40 years and focuses his practice on estate planning and probate and trust estate administration. Mr. Kennedy is a certified specialist in estate planning, trust, and probate law by the Board of Legal Specialization of the State Bar of California. He is a member of the State Bar of California and the Oregon State Bar, and is a member of the Fresno Estate Planning Council. Mr. Kennedy earned his A.B. degree from the University of Southern California, his M.A. degree in economics from Harvard University Graduate School of Arts and Sciences, and his J.D. degree from Stanford University Law School. (Fresno location)

RALPH T. KOKKA is of counsel at Patton & Sullivan LLP. He is an estate planning and business transactions attorney known for understanding his client’s needs and his pragmatic problem solving approach. Mr. Kokka’s practice includes estate planning for individuals and families, and probate and trust administration in the Bay Area. He has nearly 20 years of experience representing a broad variety of estate planning and business clients. Mr. Kokka is a member of the Alameda County Bar Association and the State Bar of California. He earned his B.A. degree, with distinction, from the University of California, Berkeley; his J.D. degree from the University of California at Berkeley, Boalt Hall School of Law; and his L.L.M. degree in taxation from Golden Gate University School of Law. (Walnut Creek location)

MICHAEL E. LONICH is the managing partner of the law firm of Lonich & Patton, LLP and has nearly 30 years of experience representing a wide range of businesses and individuals. His practice concentrates on estate planning and divorce mediation. Mr. Lonich is a member of the State Bar of California, the Association of Defense Counsel, the Santa Clara County Bar Association and the Trusts and Estates Section of the State Bar of California. He also serves on the temporary judge and arbitrator panels of the Santa Clara County Superior Court. He is admitted to practice before all California courts, including the Ninth Circuit U.S. Court of Appeals and the Federal District Court for the Northern, Central and Southern Districts of California. Mr. Lonich earned his B.A. degree from the University of San Francisco and his J.D. degree from Pepperdine University. (San Francisco location)

LILY MOALLEM is an attorney with Fox Rothschild LLP. Her practice centers on trust and estate administration, as well as taxation and wealth planning. She also represents clients in estate-related litigation matters, including but not limited to contested probate, trust and conservatorship cases. Ms. Moallem is a member of Queen’s Bench History Committee (co-chair, 2014). She earned her B.A. degree from the University of California, Berkeley. She earned her J.D. degree, cum laude, from the University of California, Hastings College of the Law. (San Francisco location)

SHEILA K. ROBELLO is a principal with Solan, Park & Robello LLP. She has been with the firm since 2003 and is a certified specialist in estate planning, trust and probate law by the State Bar of California Board of Legal Specialization. Ms. Robello is licensed to practice law in both California (2000) and in Hawaii (2001) where she hopes to retire one day. She specializes in conservatorships, trust administration and litigation, estate planning, and surety defense. Ms. Robello earned her B.S. degree from the University of Hawaii, Manoa; her J.D. degree from the University of San Francisco School of Law; and her LL.M. degree from Golden Gate University. She is a member of the Lawyers Club of San Francisco Inns of Court, the Bar Association of San Francisco and the Trust and Estates Section of the State Bar of California. Prior to her work at Solan, Park & Robello LLP, Ms. Robello served as an associate policy director and legislative analyst for a national non profit organization. (San Francisco location)

JENNIFER F. SCHARRE is an attorney with Temmerman, Cilley & Kohlmann, LLP, where she provides representation in the areas of estate planning, conservatorship matters, guardianship matters, and trust and estate administration and litigation. Her estate planning practice includes the preparation of revocable and irrevocable trusts, wills, durable powers of attorney, advance health care directives, and related estate planning documents. Ms. Scharre’s trust and decedent's estate administration practice includes representation of trustees, personal representatives, and beneficiaries in all aspects of trust administration and probate. She also assists trustees and personal representatives with the preparation of trust accountings and estate tax returns. Ms. Scharre’s practice also includes conservatorships and guardianships, including assisting with the establishment of conservatorship matters in the court system, as well as representation of clients who have preexisting conservatorship and guardianship matters. She earned her Bachelor of Accountancy degree from the University of San Diego and her J.D. degree from Santa Clara University School of Law. (Walnut Creek location)

JEFFREY S. TACHIKI is the principal attorney at The Tachiki Law Group, and is a certified specialist by the State Bar of California Board of Legal Specialization in estate planning, trust and probate law. His practice includes estate planning, trust administration, and probate. Mr. Tachiki has lectured several times for National Business Institute, Continuing Education of the Bar California (CEB), and other organizations on various trusts and estate topics. He is a member of the Trusts and Estates Section of the State Bar of California, East Bay Trusts and Estates Lawyers, the Bay Area Chapter of the Asian American Bar Association, and was recently vice-chair of the Trusts and Estates Section of the Alameda County Bar Association. Mr. Tachiki is also a 2009 and 2010 Northern California Super Lawyers Rising Star, the recipient of the Alameda County Bar Association 2011 Barristers' Distinguished Service Award, and was recently a member of the CEB Young Lawyers Advisory Board. He earned his B.A. degree from the University of Utah and his J.D. degree from the S.J. Quinney College of Law at the University of Utah. (San Francisco and Walnut Creek locations)

JULIE R. WOODS is an attorney in the trusts and estates law firm of Hartog, Baer & Hand. Her practice focuses on litigation and administration of estates, trusts, conservatorships, elder abuse actions, and crossover with civil, real property, and bankruptcy matters. Ms. Woods has practiced throughout the state of California by representing trustees, beneficiaries, heirs, executors, administrators, fiduciaries, corporations, conservators and guardians in matters involving trusts and estates up to, and exceeding, $50 million. Ms. Woods is recognized as a Rising Stars honoree in Super Lawyers Magazine. She is also recognized as one of the Top Women Attorneys in Northern California by San Francisco Magazine, and previously received the same recognition in Southern California by Los Angeles Magazine. Ms. Woods is on the committee of writers for the case law updates published online for the Trusts and Estates Section of the State Bar of California. She also speaks regularly at continuing legal education seminars. Ms. Woods earned two B.A. degrees with emphases from the University of Southern California. Ms. Woods graduated with her J.D. degree from the University of Notre Dame Law School. (Walnut Creek location)

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Accreditation Details:

Continuing Legal Education

CA CLE: 12.00 Credit Approval Exp
12/04/2019
Includes - Ethics: 1.00
This activity has been approved for Minimum Continuing Legal Education credit by the State Bar of California and may qualify for up to 12.0 hours of self-study credit, of which 1.0 hour will apply to legal ethics self-study credit. NBI, Inc. certifies this activity conforms to the standards for approved education activities prescribed by the rules and regulations of the State Bar of California governing minimum continuing legal education. NBI, Inc. is a State Bar of California approved MCLE provider - #53.


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