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Description
Decanting of irrevocable trusts is increasingly utilized as an estate planning technique to address changes in the law applicable to the trust, changes in family circumstances, or the desire to change a trust’s administrative provisions. Achieving tax benefits may also be accomplished through decanting.
The decanting power provides a great deal of flexibility but is fraught with inherent dangers. Decanting can enable the trustee of an irrevocable trust to “re-write” the trust in certain respects, including the potential elimination of beneficial interests. With differing state laws on decanting and new state laws on the horizon, counsel must stay abreast of and understand the differences between jurisdictions and developing case law.
Listen as our panel of trust and estate law attorneys discusses decanting as a strategy for restructuring trusts and potential pitfalls in decanting (including estate, gift, and generation-skipping tax issues).
Presented By
Mr. Corbo practices in tax and estate planning for individuals, including business executives, professionals, and owners of closely-held businesses, estate and trust administration, including preparation of federal and state estate tax returns, state inheritance tax returns, and federal gift tax returns and generation-skipping transfer tax planning.
Mr. Ollenschleger's experience inlcudes commercial litigation and arbitration (including disputes arising under the Uniform Commercial Code), contract actions (including real estate disputes), appellate practice, business torts (including unfair competition and restrictive covenant litigation), shareholder, partnership and limited liability membership disputes (including representation of minority members), disputes relating to acquisitions and dispositions of businesses, chancery jurisprudence (including fiduciary litigation), professional malpractice litigation, defense of class-action and consumer fraud lawsuits, land use litigation and intellectual property litigation.
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This 90-minute webinar is eligible in most states for 1.5 CLE credits.
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Live Online
On Demand
Date + Time
- event
Thursday, February 13, 2020
- schedule
1:00 p.m. ET./10:00 a.m. PT
Outline
- Benefits of decanting
- Common law and state decanting statutes
- Common pitfalls
- Best practice strategies and fiduciary duties
- Developing case law
Benefits
The panel will review these and other key issues:
- What types of situations are most appropriate for decanting?
- What are the most common pitfalls and risks in decanting?
- Fiduciary duties
- Developing case law
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