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Planning and Drafting Techniques for Updating Irrevocable Trust Structures (2024 Edition)

Leslie A. Share
Leslie A. Share
Packman, Neuwahl & Rosenberg, P.A.

Leslie A. Share is a shareholder in Packman, Neuwahl & Rosenberg, P.A., and a member of the firm’s international tax team, specializing in the areas of tax, estate and wealth preservation planning.

Eric A. Feldhake
Eric A. Feldhake
Kulzer & DiPadova, P.A.

Mr. Feldhake is a shareholder with the law firm of Kulzer & DiPadova. He earned his J.D. at Temple University School of Law, where he was a senior editor of the Temple University International and Comparative Law Journal.

On-Demand: April 17, 2024

Planning and Drafting Techniques for Updating Irrevocable Trust Structures (2024 Edition)

$195.00 2 hour CLE

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Program Summary

Session I - Planning and Drafting Techniques for Updating Irrevocable Trust Structures - Leslie A. Share

This session will review a number of the most flexible and advantageous methods that may be utilized in appropriate situations to effectively modify the terms of an irrevocable trust. The techniques to be considered will include “built-in” language included in the original trust document, how to modify existing trust language in otherwise unamendable trusts and changing the trust asset holding structure to account for previously unanticipated issues. The potential planning devices to be discussed will include moving the trust or its investments to another jurisdiction, swapping trust assets for “outside” assets, and how a trustee may use all or part of the trust principal to create or fund another trust.

Key topics to be discussed:

  • Powers of Appointment
  • Decanting
  • “Back Door” Powers
  • Judicial and Non-Judicial Modification

Session II - Ethical Considerations for Estate Planning Counsel – Eric A. Feldhake

This session will cover ethical duties of counsel towards clients while preparing trusts and providing estate planning counsel. An overview of specific issues commonly faced by estate planning practitioners will include to whom is a duty owed; with whom and how counsel may communicate regarding the client; and what is required if capacity is in question. The New Jersey Rules of Professional Conduct and American Bar Association Model Rules will be the guidelines.

Key topics to be discussed:

  • Who is the client?
  • Duties to all beneficiaries
  • Incapacitated Clients

This course is co-sponsored with myLawCLE.

Closed-captioning available

Speakers

Leslie A. Share_ Packman, Neuwahl & Rosenberg, P.A._FedBarLeslie A. Share | Packman, Neuwahl & Rosenberg, P.A.

Leslie A. Share is a shareholder in Packman, Neuwahl & Rosenberg, P.A., and a member of the firm’s international tax team, specializing in the areas of tax, estate and wealth preservation planning. Mr. Share has advised clients for over forty years in numerous and diverse areas such as Broadway theatrical productions, real estate like – kind exchanges, and cryptocurrency issues. He frequently speaks on subjects ranging from Florida and offshore trust law, advanced wealth preservation techniques, U.S. tax treaties, representing a foreign investor in an Internal Revenue Service examination, the role of the Internet in U.S. tax planning, and preferred structures for U.S. persons investing overseas and engaging in foreign business activities. He is a member of the Society of Trust and Estate Practitioners (STEP).

 

Eric A. Feldhake_FedBarEric A. Feldhake | Kulzer & DiPadova, P.A.

Mr. Feldhake is a shareholder with the law firm of Kulzer & DiPadova. He earned his J.D. at Temple University School of Law, where he was a senior editor of the Temple University International and Comparative Law Journal. He earned his LL.M. in Taxation and M.B.A. from Temple University.

Mr. Feldhake is licensed to practice in the State of New Jersey, Commonwealth of Pennsylvania, United States Tax Court, and United States Supreme Court. Mr. Feldhake is a member of the Bars of the State of New Jersey and Commonwealth of Pennsylvania. He is a member of the American Bar Association, New Jersey State Bar Association, Burlington County Bar Association, Cape May County Bar Association, and Camden County Bar Association, where he serves as a Co-Chairperson on the Tax Committee and as a Trustee for the Bar Foundation.

Mr. Feldhake is a retired Major in the Judge Advocate General Corps of the Army Reserves. He taught Trust and Estate Taxation at the Judge Advocate General School and University of Virginia School of Law from 2006-2017. He also serves as a Trustee for the American Wine Society Educational Foundation since 2017 and as Vice President for the American Wine Society.

Agenda

Session I – Planning and Drafting Techniques for Updating Irrevocable Trust Structures | 12:00pm – 1:00pm

  • Powers of Appointment | 12:00pm – 12:15pm
  • Decanting | 12:15pm – 12:30pm
  • “Back Door” Powers | 12:30pm – 12:45pm
  • Judicial and Non-Judicial Modification | 12:45pm – 1:00pm

Break | 1:00pm – 1:10pm

Session II – Ethical Considerations for Estate Planning Counsel | 1:10pm – 2:10pm

  • Who is the client? | 1:10pm – 1:30pm
  • Duties to all beneficiaries | 1:30pm – 1:50pm
  • Incapacitated Clients | 1:50pm – 2:10pm

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