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Drafting SLATs That Survive the IRS and a Divorce: Reciprocal-Trust Differentiation, Floating-Spouse Provisions, and QSBS Stacking

Most SLATs that fail don’t fail because of tax law — they collapse under the reciprocal-trust doctrine or strand the donor when the marriage ends. Walk away able to draft paired SLATs that hold up against both, lock in the permanent $15M exemption, and stack the QSBS exclusion through a nongrantor trust.

2026-07-30 13:00:00

Program Details

2026-07-30 13:00:00

Program Details

2026-07-30 13:00:00

Over 1,000+ webinars

2026-07-30 13:00:00

Course Overview

The Exemption Cliff Vanished. The Case for Gifting Didn't

2026-07-30 13:00:00

For years the pitch was speed: gift before the 2026 sunset or lose half the shelter. That deadline is gone — the lifetime exemption is now permanent at roughly $15M per spouse. The question is no longer whether to gift in time. It’s whether the SLAT you draft survives the two events that actually break these trusts.

Neither is doctrine you can look up. Build mirror-image trusts for each other, and the reciprocal trust doctrine uncrosses them — both transfers snap back into the estates. Tie the donor’s access to the marriage, and divorce or a spouse’s early death severs it. Choose grantor over nongrantor without a reason, and the Section 1202 stack is gone.

You leave with the work product these failures demand: language to differentiate paired SLATs in terms, timing, and powers; floating-spouse provisions and powers of appointment that hold through divorce or death; a grantor-versus-nongrantor decision framework; and the structure to stack QSBS through a nongrantor SLAT.

Format

CLE Credit

2h CLE Credits

Level

Intermediate

Length

2

Key topics that will be covered

01
SLAT mechanics
Move assets out of the taxable estate while engineering the donor’s continued indirect access through the beneficiary spouse.
02
Exemption capture
Size and deploy gifts against the now-permanent ~$15M lifetime exemption instead of racing a sunset that no longer exists.
03
Grantor vs. nongrantor
Choose the income tax treatment that fits the client’s transfer goals and preserves the QSBS stack.
04
Paired-trust differentiation
Vary terms, timing, and trustee powers so the reciprocal trust doctrine can’t uncross the two SLATs.
05
Floating-spouse provisions
Draft the appointment powers and successor-spouse language that keep the donor’s access alive through divorce or a spouse’s death.
06
QSBS stacking
Gift qualified small business stock to a nongrantor SLAT to multiply the Section 1202 gain exclusion across a separate taxpayer.

Program schedule

clock 1:00 pm - 1:20 pm EST

The Mechanics of SLATs

A SLAT shifts assets out of the donor’s taxable estate while preserving indirect access through the beneficiary spouse. This session covers how the trust is created, who holds each interest, and how the donor keeps practical benefit.

Christopher M. KlugChristopher M. Klug
Gina Jeyoung LeeGina Jeyoung Lee
clock 1:20 pm - 1:40 pm EST

Maximizing the Lifetime Gift Tax Exemption

Today’s lifetime gift tax exemption is permanent and historically high, but a future Congress could still reduce it. This session shows how to deploy it through a SLAT now and size gifts to capture the full available shelter.

Christopher M. KlugChristopher M. Klug
Gina Jeyoung LeeGina Jeyoung Lee
clock 1:40 pm - 2:00 pm EST

Tax Efficiencies: Estate, Gift, and Income

A properly structured SLAT shields transferred assets from estate and gift tax while handling trust income efficiently. This session compares grantor and nongrantor income tax treatment and shows how to align it with the client’s transfer tax goals.

Christopher M. KlugChristopher M. Klug
Gina Jeyoung LeeGina Jeyoung Lee
clock 2:10 pm - 2:30 pm EST

Avoiding the Reciprocal Trust Doctrine

When both spouses create trusts for each other, the reciprocal trust doctrine can unwind the planning and pull assets back into both estates. Learn to differentiate paired SLATs in terms, timing, and powers to keep the transfers intact.

Christopher M. KlugChristopher M. Klug
Gina Jeyoung LeeGina Jeyoung Lee
clock 2:30 pm - 2:50 pm EST

Divorce and the Premature Death of a Spouse

A SLAT depends on the marriage, so divorce or the premature death of the beneficiary spouse can cut off the donor’s indirect access. Examine the floating-spouse provisions and powers of appointment that protect the donor if the marriage ends.

Christopher M. KlugChristopher M. Klug
Gina Jeyoung LeeGina Jeyoung Lee
clock 2:50 pm - 3:10 pm EST

QSBS Stacking Through a Nongrantor SLAT

Gifting qualified small business stock to a nongrantor SLAT creates a separate taxpayer that can multiply the Section 1202 gain exclusion. Learn how stacking works, when the stock and trust qualify, and how it pairs with the SLAT’s estate benefits.

Christopher M. KlugChristopher M. Klug
Gina Jeyoung LeeGina Jeyoung Lee
Christopher M. Klug

Christopher M. Klug

Basswood Counsel

Gina Jeyoung Lee

Gina Jeyoung Lee

Basswood Counsel

Christopher M. Klug

Christopher M. Klug

Basswood Counsel

Christopher M. Klug is a Partner and Co-Founder of Basswood Counsel (formerly Klug Counsel PLLC), an international tax planning attorney who represents businesses and individuals in domestic and international taxation, tax controversy, corporate and business planning, mergers and acquisitions, cross-border transactions, domestic and international estate planning, and trust administration. Drawing on decades of practice that pairs large-firm training with a hands-on boutique approach, he works alongside each client’s financial advisors, accountants, and leadership team so that tax strategy aligns with the client’s larger goals.

Education & Credentials

Mr. Klug earned his LL.M. from Georgetown University Law Center, his JD from Michigan State University College of Law, and his BA from Michigan State University. He is admitted to practice in Washington DC, Illinois, Michigan, New York, Maryland, and Virginia.

Recognition & Leadership

Mr. Klug founded Klug Counsel PLLC and served as its Managing Partner before co-founding its successor firm, Basswood Counsel, where he leads the international tax planning practice. He also hosts the firm’s Under the Basswood Tree podcast, exploring tax, corporate, and estate planning topics for a professional audience.

Professional Involvement

A former adjunct professor in the M.S. in Accounting program at Siena College, where he taught advanced tax accounting, Mr. Klug maintains a deep grounding in subchapter C and S corporate taxation and partnership taxation. Through Klug Counsel, he served as the firm’s primary contact for Integra International, a global association of professional services firms.

Experience

Mr. Klug has extensive experience with domestic and international income tax planning for companies, including inbound and outbound mergers and acquisitions and other transactional tax matters, and he applies his corporate and partnership taxation background to develop strategies across private equity, estate planning, and family office engagements.
Gina Jeyoung Lee

Gina Jeyoung Lee

Basswood Counsel

Gina Jeyoung Lee is a partner and co-founder of Basswood Counsel and a tax and estate planning advisor with extensive experience in U.S. tax law and tax treaties. She provides strategic counsel on individual and business tax planning, compliance, and controversies, along with domestic and international estate planning, and has been instrumental in helping clients with new business entity formation and fund formation while keeping them compliant with corporate regulatory requirements. She is known for understanding each client’s circumstances and tailoring her advice to their needs.

Education & Credentials

Ms. Lee earned her Juris Doctor from the Antonin Scalia Law School at George Mason University and her undergraduate degree from Chapman University. She is admitted to the State Bar of California and is fluent in Korean.

Recognition & Leadership

As a Partner and Co-Founder of Basswood Counsel, Ms. Lee helped establish the firm and serves as one of its public voices, announcing the firm’s membership in the Asian American Chamber of Commerce and co-hosting episodes of its Under the Basswood Tree podcast.

Professional Involvement

Ms. Lee has participated in the Asian American Chamber of Commerce’s Women in Global Business panel and speaks on cross-border compliance topics, including a podcast discussion of the FBAR and FATCA reporting regimes.

Experience

Ms. Lee handles complex tax and corporate matters spanning domestic and international taxation, private equity funds, fund administration, and cross-border transactions. Her work includes representing clients before the IRS, resolving intricate tax questions, and drafting the corporate documents needed to implement each solution, and she has been instrumental in facilitating new business entity formation and fund formation in compliance with corporate regulatory requirements.
Christopher M. Klug

Christopher M. Klug

Basswood Counsel

Christopher M. Klug is a Partner and Co-Founder of Basswood Counsel (formerly Klug Counsel PLLC), an international tax planning attorney who represents businesses and individuals in domestic and international taxation, tax controversy, corporate and business planning, mergers and acquisitions, cross-border transactions, domestic and international estate planning, and trust administration. Drawing on decades of practice that pairs large-firm training with a hands-on boutique approach, he works alongside each client’s financial advisors, accountants, and leadership team so that tax strategy aligns with the client’s larger goals.

Education & Credentials

Mr. Klug earned his LL.M. from Georgetown University Law Center, his JD from Michigan State University College of Law, and his BA from Michigan State University. He is admitted to practice in Washington DC, Illinois, Michigan, New York, Maryland, and Virginia.

Recognition & Leadership

Mr. Klug founded Klug Counsel PLLC and served as its Managing Partner before co-founding its successor firm, Basswood Counsel, where he leads the international tax planning practice. He also hosts the firm’s Under the Basswood Tree podcast, exploring tax, corporate, and estate planning topics for a professional audience.

Professional Involvement

A former adjunct professor in the M.S. in Accounting program at Siena College, where he taught advanced tax accounting, Mr. Klug maintains a deep grounding in subchapter C and S corporate taxation and partnership taxation. Through Klug Counsel, he served as the firm’s primary contact for Integra International, a global association of professional services firms.

Experience

Mr. Klug has extensive experience with domestic and international income tax planning for companies, including inbound and outbound mergers and acquisitions and other transactional tax matters, and he applies his corporate and partnership taxation background to develop strategies across private equity, estate planning, and family office engagements.
Gina Jeyoung Lee

Gina Jeyoung Lee

Basswood Counsel

Gina Jeyoung Lee is a partner and co-founder of Basswood Counsel and a tax and estate planning advisor with extensive experience in U.S. tax law and tax treaties. She provides strategic counsel on individual and business tax planning, compliance, and controversies, along with domestic and international estate planning, and has been instrumental in helping clients with new business entity formation and fund formation while keeping them compliant with corporate regulatory requirements. She is known for understanding each client’s circumstances and tailoring her advice to their needs.

Education & Credentials

Ms. Lee earned her Juris Doctor from the Antonin Scalia Law School at George Mason University and her undergraduate degree from Chapman University. She is admitted to the State Bar of California and is fluent in Korean.

Recognition & Leadership

As a Partner and Co-Founder of Basswood Counsel, Ms. Lee helped establish the firm and serves as one of its public voices, announcing the firm’s membership in the Asian American Chamber of Commerce and co-hosting episodes of its Under the Basswood Tree podcast.

Professional Involvement

Ms. Lee has participated in the Asian American Chamber of Commerce’s Women in Global Business panel and speaks on cross-border compliance topics, including a podcast discussion of the FBAR and FATCA reporting regimes.

Experience

Ms. Lee handles complex tax and corporate matters spanning domestic and international taxation, private equity funds, fund administration, and cross-border transactions. Her work includes representing clients before the IRS, resolving intricate tax questions, and drafting the corporate documents needed to implement each solution, and she has been instrumental in facilitating new business entity formation and fund formation in compliance with corporate regulatory requirements.

Credits by state

AK2.0
AL2.0
AR2.0
AZ2.0
CA2.0
CO2.0
CT2.0
DC
DE2.0
FL2.0
GA2.0
HI2.0
IA2.0
ID2.0
IL2.0
IN2.0
KS2.0
KY2.0
LA2.0
MA2.0
MD2.0
ME2.0
MI2.0
MN2.0
MO2.4
MS2.0
MT2.0
NC2.0
ND2.0
NE2.0
NH120.0
NJ2.0
NM2.0
NV2.0
NY2.0
OH2.0
OK2.5
OR2.0
PA2.0
RI2.5
SC2.0
SD2.0
TN2.0
TX2.0
UT2.0
VA2.0
VT2.0
WA2.0
WI2.0
WV2.4
WY2.0

1000+

Live stream programs

24/7

Access to live webinars & recordings

70,000+

Trusted by Legal Professionals

1000+

Live stream programs

24/7

Access to live webinars & recordings

70,000+

Trusted by Legal Professionals

1000+

Live stream programs

24/7

Access to live webinars & recordings

10,000+

Trusted by Legal Professionals

1000+

Live stream programs

24/7

Access to live webinars & recordings

70,000+

Trusted by Legal Professionals

MCLE Credits

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

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.  

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  • 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