Program Details
2026-09-25 14:30:00
Over 1,000+ webinars
Course Overview
2026-09-25 14:30:00
2h CLE Credits
Intermediate
2
2:30 pm - 3:30 pm ESTThis session examines the practical mechanics of selecting and executing the correct remediation tool when an irrevocable trust no longer serves its intended purpose — covering decanting, nonjudicial settlement agreements, judicial modification, and related techniques. Attorneys will learn how to match each tool to a specific trust problem, apply the post-CCA 202352018 framework for evaluating consent and gift-tax risk, and incorporate the OBBBA’s permanent $15M exemption into their re-evaluation of existing trust structures. Attendees leave with a decision framework for advising trustees and beneficiaries on which mechanism minimizes litigation exposure while achieving the client’s planning objectives.
Salvatore J. LaMendola 3:40 pm - 4:40 pm ESTThis session examines the income tax, gift tax, and GST tax consequences of decanting, modifying, and terminating irrevocable trusts in the wake of CCA 202352018, Revenue Ruling 2023-2, and the One Big Beautiful Bill Act’s $15 million exemption. Attendees will analyze how the IRS’s evolving positions on beneficiary consent create gift tax exposure, how the no-basis-step-up rule under IRC § 1014 is driving trust restructuring decisions, and how GST grandfathered status can be preserved or lost through modification. Attorneys will leave with a framework for identifying taxable events across trust modification techniques and a practical approach to protective filing, structuring, and client counseling under current law.
Salvatore J. LaMendolaSalvatore J. LaMendola is a shareholder in the Trusts and Estates Practice Group at Giarmarco, Mullins & Horton, P.C., where he has practiced since 1996. His practice centers on estate planning, retirement-benefit planning, the modification of irrevocable trusts, and charitable planning, the drafting and administration questions at the heart of this program.
Salvatore J. LaMendola is a shareholder in the Trusts and Estates Practice Group at Giarmarco, Mullins & Horton, P.C., where he has practiced since 1996. His practice centers on estate planning, retirement-benefit planning, the modification of irrevocable trusts, and charitable planning, the drafting and administration questions at the heart of this program.
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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