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Attorney’s Guide to Grantor Trusts: Includes Ethics

Master grantor trust fundamentals and navigate ethical challenges in estate planning, probate, and trust administration with practical guidance.

2025-10-31 13:00:00

3 hours

2025-10-31 13:00:00

3 hours

Program Details

2025-10-31 13:00:00

Program Details

2025-10-31 13:00:00

Over 1,000+ webinars

2025-10-31 13:00:00

3 hours

Course Overview

Mastering Grantor Trusts and Fiduciary Ethics

2025-10-31 13:00:00

Participants will learn grantor trust mechanics, triggers, and strategic applications alongside ethical obligations in estate planning representation. These skills enable confident navigation of complex trust structures and professional responsibility challenges.

Format

CLE Credit

3h CLE Credits

Level

Intermediate

Length

3

Key topics that will be covered

01
Grantor Triggers
Five main triggers determine grantor trust status, including reversionary interests and control powers.
02
Use Cases
Grantor trusts enable probate avoidance, Medicaid planning, leveraged gifting, and business succession.
03
Client Identity
Determining the client requires recognizing individuals may hold multiple legal capacities simultaneously.
04
Confidentiality
Fiduciary and successor fiduciary exceptions may limit attorney-client privilege in trust matters.
05
Diminished Capacity
Lawyers must maintain normal relationships while taking protective measures for incapacitated clients.
06
Attorney Fiduciaries
Lawyers serving as fiduciaries must provide proper disclosures and charge reasonable compensation.

Program schedule

clock 1:00 pm - 2:00 pm EST

Grantor Trusts: History, Code Sections, and Triggers

This session provides a comprehensive foundation on grantor trusts, exploring their historical development as a response to income-shifting strategies and the Internal Revenue Code Sections 671-678 that govern them. Participants will learn the five key triggers that cause a trust to be treated as a grantor trust: reversionary interests, control of beneficial enjoyment, administrative powers, revocation powers, and income for the grantor’s benefit.

David F. JohnsonDavid F. Johnson
Brian M. SeelingerBrian M. Seelinger
clock 2:00 pm - 2:10 pm EST

Break

A brief intermission allowing participants to refresh before continuing with practical applications of grantor trust principles. Use this time to review notes and prepare questions for the upcoming material.

David F. JohnsonDavid F. Johnson
Brian M. SeelingerBrian M. Seelinger
clock 2:10 pm - 3:10 pm EST

Grantor Trust Applications, Pitfalls, and Drafting Strategies

This session examines practical use cases for grantor trusts including probate avoidance, Medicaid planning, leveraged gifting, and business succession planning. Participants will also explore common pitfalls involving grantor definitions, income reporting methods, and critical drafting considerations for balancing estate and income tax objectives.

David F. JohnsonDavid F. Johnson
Brian M. SeelingerBrian M. Seelinger
clock 3:10 pm - 3:20 pm EST

Break

A short break between the grantor trust primer and the ethics session. Participants can transition their focus to the ethical considerations that will be addressed in the final session.

David F. JohnsonDavid F. Johnson
Brian M. SeelingerBrian M. Seelinger
clock 3:20 pm - 4:20 pm EST

Ethics in Estate Planning and Trust Administration

This session addresses critical ethical challenges facing trusts and estates practitioners, including determining client identity when individuals serve in multiple capacities and navigating joint representation conflicts. Participants will examine confidentiality issues under ABA Model Rules 1.6 and 1.7, handling clients with diminished capacity under Rule 1.14, and the ethical considerations when attorneys serve as fiduciaries.

David F. JohnsonDavid F. Johnson
Brian M. SeelingerBrian M. Seelinger
David F. Johnson

David F. Johnson

Winstead P.C

Brian M. Seelinger

Brian M. Seelinger

Knox McLaughlin Gornall & Sennett, P.C

David F. Johnson

David F. Johnson

Winstead P.C

David has specialized in estate and trust disputes including will contests, mental competency issues, undue influence, trust modification/clarification, breach of fiduciary duty and related claims, and accountings. David is a unique lawyer in that he has extensive trial and appellate experience, which has resulted in his achieving board certifications in civil trial law, civil appellate, and personal injury trial law by the Texas Board of Legal Specialization.

Brian M. Seelinger

Brian M. Seelinger

Knox McLaughlin Gornall & Sennett, P.C

Brian has spent his career solving complex financial challenges with a compassionate yet process-oriented methodology. His breadth of experience across roles and industries provides clients a 360 degree view of situations, often providing unique but simple solutions while also able to engage in the most complex financial situations.

Experience

Brian was most recently a Senior Portfolio Manager and Vice President in the Trust Department of a publicly traded multistate bank, working with institutional and personal clients including municipal governments, pensions, non-profits, guardianships, foundations, endowments, authorities, trusts, small businesses, and high-net worth clients. He performed fiduciary and compliance tasks regarding ERISA, mutual fund selection, financial modeling, risk management, financial projections, and tax planning. He also has experience as an entrepreneur at a regional technology firm, growing it to over $40 million in sales and managing more than 30 employees. He has negotiated more than $200 million in contracts and led multi-year projects involving technical, finance, accounting, and operating staff.
David F. Johnson

David F. Johnson

Winstead P.C

David has specialized in estate and trust disputes including will contests, mental competency issues, undue influence, trust modification/clarification, breach of fiduciary duty and related claims, and accountings. David is a unique lawyer in that he has extensive trial and appellate experience, which has resulted in his achieving board certifications in civil trial law, civil appellate, and personal injury trial law by the Texas Board of Legal Specialization.

Brian M. Seelinger

Brian M. Seelinger

Knox McLaughlin Gornall & Sennett, P.C

Brian has spent his career solving complex financial challenges with a compassionate yet process-oriented methodology. His breadth of experience across roles and industries provides clients a 360 degree view of situations, often providing unique but simple solutions while also able to engage in the most complex financial situations.

Experience

Brian was most recently a Senior Portfolio Manager and Vice President in the Trust Department of a publicly traded multistate bank, working with institutional and personal clients including municipal governments, pensions, non-profits, guardianships, foundations, endowments, authorities, trusts, small businesses, and high-net worth clients. He performed fiduciary and compliance tasks regarding ERISA, mutual fund selection, financial modeling, risk management, financial projections, and tax planning. He also has experience as an entrepreneur at a regional technology firm, growing it to over $40 million in sales and managing more than 30 employees. He has negotiated more than $200 million in contracts and led multi-year projects involving technical, finance, accounting, and operating staff.

Credits by state

AK2.0
AL2.0
AR2.0
AZ2.0
CA2.0
CO2.0
CT2.0
DC3.0
DE2.0
FL2.0
GA2.0
HI2.0
IA2.0
ID2.0
IL2.0
IN2.0
KS2.0
KY2.0
LA2.0
MA3.0
MD3.0
ME2.0
MI3.0
MN2.0
MO2.4
MS2.0
MT2.0
NC2.0
ND2.0
NE2.0
NH120.0
NJ2.4
NM2.0
NV2.0
NY2.0
OH2.0
OK2.0
OR2.0
PA2.0
RI2.5
SC2.0
SD3.0
TN2.0
TX2.0
UT2.0
VA2.0
VT2.0
WA2.0
WI3.5
WV2.4
WY2.0

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Trusted by Legal Professionals

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Trusted by Legal Professionals

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Trusted by Legal Professionals

MCLE Credits

Alabama
Pending
Alaska
Approved
Arizona
Approved
Arkansas
Approved
California
Approved
Colorado
Approved
Connecticut
Approved
Delaware
Pending
District of Columbia
No Required
Florida
Approved
Georgia
Approved
Hawaii
Approved
Idaho
Pending
Illinois
Approved
Indiana
Approved
Iowa
Pending
Kansas
Pending
Kentucky
Pending
Louisiana
Pending
Maine
Pending
Maryland
No Required
Massachusetts
No Required
Michigan
No Required
Minnesota
Approved
Mississippi
Pending
Missouri
Approved
Montana
Approved
Nebraska
Pending
Nevada
Approved
New Hampshire
Approved
New Jersey
Approved
New Mexico
Approved
New York
Approved
North Carolina
Approved
North Dakota
Approved
Ohio
Approved
Oklahoma
Approved
Oregon
Approved
Pennsylvania
Approved
Rhode Island
Pending
South Carolina
Pending
South Dakota
No Required
Tennessee
Approved
Texas
Approved
Utah
Approved
Vermont
Approved
Virginia
Not Eligible
Washington
Approved
West Virginia
Pending
Wisconsin
Approved
Wyoming
Approved

Alabama

Requirements

The Alabama State Bar MCLE Commission requires attorneys to complete 12 credits, including 1 ethics, by December 31 of each year. All credits must be reported by February 15 of the following year. A maximum of 12 credits, including 1 ethics credit, may be carried over for 1 year only.  

Formats

  • Attorneys can earn unlimited “live” credit through live seminars, live webcasts, and co-sponsored locations with MyLAWCLE-Alabama approved programs
  • Attorneys are limited to 6 credits per compliance period of “online” programs through MyLAwCLE On-Demand programs