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Fixing Broken Irrevocable Trusts: The Power of Nonjudicial Settlement Agreements

Master irrevocable trust repair using nonjudicial settlement agreements, decanting, and targeted amendments—minimizing litigation risk while protecting trustees, beneficiaries, and your practice.

2026-04-24 13:00:00

Program Details

2026-04-24 13:00:00

Program Details

2026-04-24 13:00:00

Over 1,000+ webinars

2026-04-24 13:00:00

Course Overview

Repair Irrevocable Trusts Without Litigation

2026-04-24 13:00:00

Participants will learn practical strategies to diagnose and repair dysfunctional irrevocable trusts using nonjudicial settlement agreements, decanting, and amendments. Attendees gain tools to manage fiduciary risk and resolve trust failures confidently.

Format

CLE Credit

2h CLE Credits

Level

Intermediate

Length

2

Key topics that will be covered

01
Nonjudicial agreements
NJSAs allow modification of irrevocable trusts without court intervention.
02
Statutory framework
Governing statutes define what issues may be resolved outside of court.
03
Fiduciary duties
Trustees face breach exposure requiring practical risk-mitigation strategies.
04
Consent requirements
Beneficiary consent and virtual representation rules determine binding enforceability.
05
Trust modification tools
Decanting, amendment, and limited revocation address specific trust repair needs.
06
Preventive drafting
Common trust failures can be prevented through proactive drafting and administration.

Program schedule

clock 1:00 pm - 2:00 pm EST

Fixing Irrevocable Trusts with Nonjudicial Settlement Agreements

Drafting errors, changed circumstances, tax misfires, and administrative impracticalities can render irrevocable trusts unworkable. This session explains how nonjudicial settlement agreements allow to modify trusts without litigation, covering statutory limits, required parties, fiduciary duties, consent standards, drafting strategies, and enforceability.

Alan D. FreerAlan D. Freer
Ronald FatoullahRonald Fatoullah
clock 2:10 pm - 3:10 pm EST

When Irrevocable Trusts Break Down

Even irrevocable trusts can become impractical due to funding errors, family conflict, tax consequences, or administrative burdens. This session helps attorneys diagnose failing trusts, fiduciary duties, manage liability risks, and implement corrective strategies, including decanting, notice procedures, and drafting techniques.

Alan D. FreerAlan D. Freer
Ronald FatoullahRonald Fatoullah
Alan D. Freer

Alan D. Freer

Solomon, Dwiggins, Freer & Steadman, Ltd

Ronald Fatoullah

Ronald Fatoullah

Meltzer, Lippe, Goldstein & Breitstone, LLP

Alan D. Freer

Alan D. Freer

Solomon, Dwiggins, Freer & Steadman, Ltd

Alan D. Freer is a member of the management committee at Solomon, Dwiggins, Freer & Steadman, Ltd., where he focuses his practice primarily on trust and estate litigation. He represents beneficiaries, fiduciaries, and grantors in contested matters ranging from prelitigation assessment and negotiation through trial and appellate practice. Alan has substantial experience challenging and defending the validity of estate planning documents, including wills, codicils, trusts, and amendments, and routinely handles claims involving breach of fiduciary duty, fraud, undue influence, lack of capacity, unjust enrichment, elder abuse, and closely held business disputes. He also advises fiduciaries in complex administrations, including multi-jurisdictional and international matters, and sophisticated business succession implementations. In recent years, he has been actively involved in domestic asset protection (spendthrift) trust litigation, representing creditors, trustees, beneficiaries, and grantors in both prosecuting and defending such matters.

Education & Credentials

Alan is a Fellow of The American College of Trust and Estate Counsel (ACTEC). He holds an AV Preeminent Rating from Martindale-Hubbell and has been recognized in Best Lawyers in America since 2016. He is admitted to practice in Nevada and is an active member of the State Bar of Nevada.

Recognition & Leadership

Alan has received multiple honors, including Lawyer of the Year for Southern Nevada in Trust and Estates (2020) and Trust and Estate Litigation (2017, 2021, and 2023). He has also been recognized as one of the Top 100 Lawyers in the Mountain States region by Super Lawyers from 2018 to the present. Within the State Bar of Nevada, he previously served a twelve-year term on the Standing Committee on Ethics and Professional Responsibility, including two years as committee chair, and currently serves on the Southern Nevada Disciplinary Board.

Professional Involvement

Alan serves as co-chair of the Legislative Committee for the Probate and Trust Section of the State Bar of Nevada, a role he has held since 2014. He is also a long-standing mentor in the State Bar of Nevada’s Transitioning into Practice (TIP) Program, where since 2015 he has assisted newly licensed attorneys with Nevada-specific rules, ethics, and professional best practices.

Experience

Alan concentrates on trust and estate litigation and administration, representing beneficiaries, fiduciaries, grantors, and creditors in contested matters. His practice includes prosecuting and defending claims involving breach of fiduciary duty, fraud, undue influence, competency and capacity disputes, accounting actions, fiduciary removal, unjust enrichment, elder abuse, and business succession conflicts. He also handles complex fiduciary administrations, including multi-jurisdictional and international matters, and is actively engaged in domestic asset protection trust litigation.
Ronald Fatoullah

Ronald Fatoullah

Meltzer, Lippe, Goldstein & Breitstone, LLP

Ronald Fatoullah chairs the firm’s Elder Law Practice Group and is a Partner in the firm’s Trusts & Estates Practice Group. Prior to joining the firm, he was the founder and principal of Ronald Fatoullah & Associates for over 35 years, a firm perennially recognized as one of New York’s top Elder Law and Estate Planning firms. He has dedicated his career to advising New Yorkers about the legal and financial challenges of aging and is highly regarded for his expertise in estate planning and administration, Medicaid planning, special needs planning, wills and trusts, probate, guardianships, and estate and guardianship litigation. He is a certified elder law attorney and a Fellow of the National Academy of Elder Law Attorneys, the highest honor bestowed by the organization.

Education & Credentials

Ronald is a certified elder law attorney and a Fellow of the National Academy of Elder Law Attorneys, the highest honor bestowed by the organization.

Recognition & Leadership

Ronald has been honored by many organizations for his achievements and contributions to the senior community. He has been quoted in The New York Times, Newsday, The Wall Street Journal, the New York Law Journal, and Kiplinger's, and has appeared on numerous radio and television programs. He chaired the Executive Committee of the Elder Law Section of the New York State Bar Association's Financial Planning and Investments Committee, chaired the Board of the Alzheimer's Association's Long Island Chapter for over ten years, and served on the Executive Council of AARP New York.

Professional Involvement

Ronald lectures frequently on elder law, estate planning, and aging and has appeared on numerous radio and television programs. He has been honored by many organizations for his achievements and contributions to the senior community.

Experience

Ronald's practice encompasses estate planning and administration, Medicaid planning, special needs planning, wills and trusts, probate, guardianships, and estate and guardianship litigation. For over 35 years, he served as the founder and principal of Ronald Fatoullah & Associates, one of New York's top Elder Law and Estate Planning firms, before joining Meltzer, Lippe, Goldstein & Breitstone, LLP.
Alan D. Freer

Alan D. Freer

Solomon, Dwiggins, Freer & Steadman, Ltd

Alan D. Freer is a member of the management committee at Solomon, Dwiggins, Freer & Steadman, Ltd., where he focuses his practice primarily on trust and estate litigation. He represents beneficiaries, fiduciaries, and grantors in contested matters ranging from prelitigation assessment and negotiation through trial and appellate practice. Alan has substantial experience challenging and defending the validity of estate planning documents, including wills, codicils, trusts, and amendments, and routinely handles claims involving breach of fiduciary duty, fraud, undue influence, lack of capacity, unjust enrichment, elder abuse, and closely held business disputes. He also advises fiduciaries in complex administrations, including multi-jurisdictional and international matters, and sophisticated business succession implementations. In recent years, he has been actively involved in domestic asset protection (spendthrift) trust litigation, representing creditors, trustees, beneficiaries, and grantors in both prosecuting and defending such matters.

Education & Credentials

Alan is a Fellow of The American College of Trust and Estate Counsel (ACTEC). He holds an AV Preeminent Rating from Martindale-Hubbell and has been recognized in Best Lawyers in America since 2016. He is admitted to practice in Nevada and is an active member of the State Bar of Nevada.

Recognition & Leadership

Alan has received multiple honors, including Lawyer of the Year for Southern Nevada in Trust and Estates (2020) and Trust and Estate Litigation (2017, 2021, and 2023). He has also been recognized as one of the Top 100 Lawyers in the Mountain States region by Super Lawyers from 2018 to the present. Within the State Bar of Nevada, he previously served a twelve-year term on the Standing Committee on Ethics and Professional Responsibility, including two years as committee chair, and currently serves on the Southern Nevada Disciplinary Board.

Professional Involvement

Alan serves as co-chair of the Legislative Committee for the Probate and Trust Section of the State Bar of Nevada, a role he has held since 2014. He is also a long-standing mentor in the State Bar of Nevada’s Transitioning into Practice (TIP) Program, where since 2015 he has assisted newly licensed attorneys with Nevada-specific rules, ethics, and professional best practices.

Experience

Alan concentrates on trust and estate litigation and administration, representing beneficiaries, fiduciaries, grantors, and creditors in contested matters. His practice includes prosecuting and defending claims involving breach of fiduciary duty, fraud, undue influence, competency and capacity disputes, accounting actions, fiduciary removal, unjust enrichment, elder abuse, and business succession conflicts. He also handles complex fiduciary administrations, including multi-jurisdictional and international matters, and is actively engaged in domestic asset protection trust litigation.
Ronald Fatoullah

Ronald Fatoullah

Meltzer, Lippe, Goldstein & Breitstone, LLP

Ronald Fatoullah chairs the firm’s Elder Law Practice Group and is a Partner in the firm’s Trusts & Estates Practice Group. Prior to joining the firm, he was the founder and principal of Ronald Fatoullah & Associates for over 35 years, a firm perennially recognized as one of New York’s top Elder Law and Estate Planning firms. He has dedicated his career to advising New Yorkers about the legal and financial challenges of aging and is highly regarded for his expertise in estate planning and administration, Medicaid planning, special needs planning, wills and trusts, probate, guardianships, and estate and guardianship litigation. He is a certified elder law attorney and a Fellow of the National Academy of Elder Law Attorneys, the highest honor bestowed by the organization.

Education & Credentials

Ronald is a certified elder law attorney and a Fellow of the National Academy of Elder Law Attorneys, the highest honor bestowed by the organization.

Recognition & Leadership

Ronald has been honored by many organizations for his achievements and contributions to the senior community. He has been quoted in The New York Times, Newsday, The Wall Street Journal, the New York Law Journal, and Kiplinger's, and has appeared on numerous radio and television programs. He chaired the Executive Committee of the Elder Law Section of the New York State Bar Association's Financial Planning and Investments Committee, chaired the Board of the Alzheimer's Association's Long Island Chapter for over ten years, and served on the Executive Council of AARP New York.

Professional Involvement

Ronald lectures frequently on elder law, estate planning, and aging and has appeared on numerous radio and television programs. He has been honored by many organizations for his achievements and contributions to the senior community.

Experience

Ronald's practice encompasses estate planning and administration, Medicaid planning, special needs planning, wills and trusts, probate, guardianships, and estate and guardianship litigation. For over 35 years, he served as the founder and principal of Ronald Fatoullah & Associates, one of New York's top Elder Law and Estate Planning firms, before joining Meltzer, Lippe, Goldstein & Breitstone, LLP.

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
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
Pending
Nebraska
Pending
Nevada
Approved
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.  

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