Register for Annual Pass, or On-Demand Video

All-Access Pass

Gain access to all of myLawCLE's 1,000+ Live webinars for only $395/yr. Includes this program and over 60 new webinars each month.

Subscribe to All-Access Pass – $395

On-Demand Video

Register for instant access to the recorded video of this one webinar.

Register for Recorded – $195.00

2025-05-15 13:00:00

2 Credits

Master the HEMS standard for trust distributions, covering drafting best practices, tax compliance under IRC Section 2041, and asset protection strategies.

2025-05-15 13:00:00

Master the HEMS standard for trust distributions, covering drafting best practices, tax compliance under IRC Section 2041, and asset protection strategies.

2025-05-15 13:00:00

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

70,000+

Trusted by Legal Professionals

1000+

Live stream programs

24/7

Access to live webinars & recordings

70,000+

Trusted by Legal Professionals

Course Overview

Mastering HEMS Standards in Estate Planning

Participants will learn to draft, implement, and administer HEMS provisions that protect trust assets while ensuring tax compliance. These skills enable practitioners to balance beneficiary access with estate tax exclusion.

Drafting Precision

Use exact statutory language avoiding subjective terms.

Tax Compliance

Prevent general power of appointment classification.

Trustee Strategies

Bifurcate powers between beneficiary and independent trustees.

Asset Protection

Combine HEMS with spendthrift provisions effectively.

Course Overview

Mastering HEMS Standards in Estate Planning

Participants will learn to draft, implement, and administer HEMS provisions that protect trust assets while ensuring tax compliance. These skills enable practitioners to balance beneficiary access with estate tax exclusion.

Drafting Precision

Use exact statutory language avoiding subjective terms.

Tax Compliance

Prevent general power of appointment classification.

Trustee Strategies

Bifurcate powers between beneficiary and independent trustees.

Asset Protection

Combine HEMS with spendthrift provisions effectively.

Why Attend

Why this 
program matters

Mastering the HEMS standard is essential for legal practitioners because it directly impacts trust taxation, beneficiary protection, and the prevention of costly drafting errors that could expose estates to significant tax liability.
$124T
Projected wealth to transfer through 2048, underscoring the critical need for proper estate planning with HEMS provisions.
95%
Of trusts drafted today include HEMS language as the distribution standard, making it the most prevalent estate planning provision attorneys must understand.
55%
Of Americans have no estate planning documents at all, highlighting the enormous gap practitioners must address with proper trust structures.
0.2%
Of decedents will have estates that pay federal estate tax in 2023, demonstrating how proper HEMS planning protects the vast majority from tax consequences.

Agenda

Session 1

HEMS Standard: Balancing Protection, Flexibility, and Compliance

Break

Scheduled Break Between Sessions

Session 2

HEMS Tax Advantages: Mitigating Risks and Maximizing Benefits

clock 1:00 pm - 2:00 pm EST

HEMS Standard: Balancing Protection, Flexibility, and Compliance

Maria Cecilia Rachadell

CISA LatAm

Andrew White

Altman & Associates

This session introduces the HEMS (health, education, maintenance, support) standard as an ascertainable standard for trust distributions, exploring its definition, significance, and common applications in estate planning. Attendees will examine the scope of qualifying expenses across all four categories, review practical case studies, and learn key drafting considerations to avoid common pitfalls while maintaining compliance.

Maria Cecilia Rachadell

CISA LatAm

Andrew White

Altman & Associates

clock 2:00 pm - 2:10 pm EST

Scheduled Break Between Sessions

Maria Cecilia Rachadell

CISA LatAm

Andrew White

Altman & Associates

A brief intermission allowing attendees to refresh before continuing with the second session. Use this time to review notes and prepare questions for the upcoming tax-focused discussion.

Maria Cecilia Rachadell

CISA LatAm

Andrew White

Altman & Associates

clock 2:10 pm - 3:10 pm EST

HEMS Tax Advantages: Mitigating Risks and Maximizing Benefits

Maria Cecilia Rachadell

CISA LatAm

Andrew White

Altman & Associates

This session dives into IRC Section 2041 and how HEMS creates a critical safe harbor preventing general power of appointment classification and adverse estate tax consequences. Participants will explore strategies for allowing beneficiaries to serve as trustees without tax implications, examine key court decisions including Kaestner and Hyde, and learn drafting techniques for bifurcating trustee roles.

Maria Cecilia Rachadell

CISA LatAm

Andrew White

Altman & Associates

01 03
Prev
Next

Key topics that will be covered

What will you learn

Attorneys will learn the HEMS standard's definition, its role as an ascertainable standard under IRC Section 2041, and proper drafting language to avoid estate tax inclusion.

What will you gain

Attorneys will gain practical strategies for allowing beneficiaries to serve as trustees while maintaining tax protection and preserving GST exemption in multi-generational trusts.

HEMS Definition
The ascertainable standard limiting distributions to health, education, maintenance, and support needs.
Tax Compliance
IRC Section 2041 safe harbor prevents general power of appointment classification.
Drafting Language
Use exact statutory words; avoid subjective terms like comfort or happiness.
Trustee Strategies
Bifurcate roles between beneficiary-trustees and independent trustees for flexibility.
Asset Protection
HEMS combined with spendthrift clauses shields trust assets from creditors.
GST Planning
HEMS preserves GST exemption for trusts benefiting multiple generations.

What will you learn

Attorneys will learn the HEMS standard's definition, its role as an ascertainable standard under IRC Section 2041, and proper drafting language to avoid estate tax inclusion.

What will you gain

Attorneys will gain practical strategies for allowing beneficiaries to serve as trustees while maintaining tax protection and preserving GST exemption in multi-generational trusts.

Plans

Proven CLE solutions for every legal professional

Access type Individual Purchase Basic Premium Most Popular Corporate CLE Plan
Price
$95 – $245
Price varies based
on the course duration
of 1 to 3+ hours
$395/year
One-time purchase
Custom
based on firm size
Access type Pay per class Unlimited annual access Unlimited access for all firm members
Number of Available Webinars 1 1,000+ 1,000+
Number of New Webinars Added Yearly Limited 500+ 500+
Earn "Live" CLE credit Included Included Included
Ability to Ask Questions During
the Presentation via a Chat Box
Included Included Included
Attend "Live" Re-Broadcasts Included Included Included
Exclusive Partner Webinars & Events Included Included
Special credits (Ethics, Elimination
of Bias, etc.)
Included Included
Instant Certificates After Completion Included Included
Personalized CLE Platform Included Included
Live Conferences Included
Bootcamps Included
Individual Purchase
Basic
Premium
Corporate CLE Plan
$95 – $245
Price varies based
on the course duration
of 1 to 3+ hours
Access type Pay per
class
Number of Available Webinars 1
Number of New Webinars Added Yearly Limited
Earn "Live" CLE credit Included
Ability to Ask Questions During
the Presentation via a Chat Box
Included
Attend "Live" Re-Broadcasts Included
Exclusive Partner Webinars & Events
Special credits (Ethics, Elimination
of Bias, etc.)
Instant Certificates After Completion
Personalized CLE Platform
Live Conferences
Bootcamps

speakers

Joe Ervin

The Law Firm for Truck Safety, LLP
A Partner at The Law Firm for Truck Safety. He focuses exclusively on cases involving commercial motor vehicle crashes and wrongful death. Joe also holds a valid class “A” commercial driver’s license with endorsements for double/triple trailers and tankers.

Education & Credentials

A 2013 graduate of the Gerry Spence Trial Lawyers College in Dubois, Wyoming, Joe is rated AV Preeminent™ by Martindale-Hubbell — the highest peer rating for exceptional legal ability and ethics. He is among the first nine attorneys nationwide to earn board certification in Truck Accident Law from the National Board of Trial Advocacy.

Recognition & Leadership

Joe received the Roadway Safety Award from the American Association for Justice (AAJ) for his commitment to improving highway safety.
 He currently serves as Co-Chair of the Academy of Truck Accident Attorneys (ATAA) Safety Committee, advocating for higher safety standards across the trucking industry.

Professional Involvement

Joe serves on the faculty of the AAJ Advanced Trial Advocacy College: Litigating Truck Collision Cases (2015 & 2024).
 He is an active member of AAJ’s Trucking Litigation Group and sits on the Board of Regents for the Academy of Truck Accident Attorneys.

Experience

Joe frequently consults and co-counsels on complex commercial truck cases. His proven track record includes numerous successful trials against motor carriers and truck leasing companies — delivering justice for victims of commercial vehicle accidents.

Kevin Foley

Reminger Co
A Partner at The Law Firm for Truck Safety. He focuses exclusively on cases involving commercial motor vehicle crashes and wrongful death. Joe also holds a valid class “A” commercial driver’s license with endorsements for double/triple trailers and tankers.

Education & Credentials

A 2013 graduate of the Gerry Spence Trial Lawyers College in Dubois, Wyoming, Joe is rated AV Preeminent™ by Martindale-Hubbell — the highest peer rating for exceptional legal ability and ethics. He is among the first nine attorneys nationwide to earn board certification in Truck Accident Law from the National Board of Trial Advocacy.

Recognition & Leadership

Joe received the Roadway Safety Award from the American Association for Justice (AAJ) for his commitment to improving highway safety.
 He currently serves as Co-Chair of the Academy of Truck Accident Attorneys (ATAA) Safety Committee, advocating for higher safety standards across the trucking industry.

Professional Involvement

Joe serves on the faculty of the AAJ Advanced Trial Advocacy College: Litigating Truck Collision Cases (2015 & 2024).
 He is an active member of AAJ’s Trucking Litigation Group and sits on the Board of Regents for the Academy of Truck Accident Attorneys.

Experience

Joe frequently consults and co-counsels on complex commercial truck cases. His proven track record includes numerous successful trials against motor carriers and truck leasing companies — delivering justice for victims of commercial vehicle accidents.

Grant H. Lawson

The Law Firm for Truck Safety, LLP
A Partner at The Law Firm for Truck Safety. He focuses exclusively on cases involving commercial motor vehicle crashes and wrongful death. Joe also holds a valid class “A” commercial driver’s license with endorsements for double/triple trailers and tankers.

Education & Credentials

A 2013 graduate of the Gerry Spence Trial Lawyers College in Dubois, Wyoming, Joe is rated AV Preeminent™ by Martindale-Hubbell — the highest peer rating for exceptional legal ability and ethics. He is among the first nine attorneys nationwide to earn board certification in Truck Accident Law from the National Board of Trial Advocacy.

Recognition & Leadership

Joe received the Roadway Safety Award from the American Association for Justice (AAJ) for his commitment to improving highway safety.
 He currently serves as Co-Chair of the Academy of Truck Accident Attorneys (ATAA) Safety Committee, advocating for higher safety standards across the trucking industry.

Professional Involvement

Joe serves on the faculty of the AAJ Advanced Trial Advocacy College: Litigating Truck Collision Cases (2015 & 2024).
 He is an active member of AAJ’s Trucking Litigation Group and sits on the Board of Regents for the Academy of Truck Accident Attorneys.

Experience

Joe frequently consults and co-counsels on complex commercial truck cases. His proven track record includes numerous successful trials against motor carriers and truck leasing companies — delivering justice for victims of commercial vehicle accidents.

Maria Cecilia Rachadell

CISA LatAm

Andrew White

Altman & Associates

Maria Cecilia Rachadell

CISA LatAm

Experienced international business lawyer with more than 25 years of practice and specific knowledge of the Latin America market. Expert in international tax, wealth and estate planning, mergers & acquisitions, complex commercial litigation, and international arbitration.

Recognition & Leadership

Well known for assembling cohesive multifunctional teams and positive dynamics among different functions. Outstanding negotiation skills proven in international arbitration cases.

Experience

More than 25 years of practice as an international business lawyer. Experience includes managing director, business developer, and legal consultant of Latin American high-profile clients. Recruited as an expert in appraising complex business and legal cases, and chartering new courses for clients expanding overseas or going through difficult conditions. Native Venezuelan, lived and worked in the United States and Venezuela.

Maria Cecilia Rachadell

CISA LatAm

Experienced international business lawyer with more than 25 years of practice and specific knowledge of the Latin America market. Expert in international tax, wealth and estate planning, mergers & acquisitions, complex commercial litigation, and international arbitration.

Recognition & Leadership

Well known for assembling cohesive multifunctional teams and positive dynamics among different functions. Outstanding negotiation skills proven in international arbitration cases.

Experience

More than 25 years of practice as an international business lawyer. Experience includes managing director, business developer, and legal consultant of Latin American high-profile clients. Recruited as an expert in appraising complex business and legal cases, and chartering new courses for clients expanding overseas or going through difficult conditions. Native Venezuelan, lived and worked in the United States and Venezuela.

Andrew White

Altman & Associates

Brings over two decades of experience advising clients on estate planning and trust administration. Known for his efficient, client-focused approach with thoughtful, steady guidance tailored to client needs.

Education & Credentials

University of Cincinnati College of Law (J.D., 2001); B.S. in Finance from Miami University. Admitted to practice in Maryland, Virginia, the District of Columbia, and Ohio.

Recognition & Leadership

Certified flight instructor with over 1,000 hours of flight time.

Professional Involvement

Held leadership roles in organizations supporting the arts and culture. Serves as Vice President of the Maury Elementary PTA. Active member of professional associations including the Maryland and Fairfax Bar Associations.

Experience

Over two decades of experience advising clients on estate planning and trust administration. Practice includes advising on estate and trust taxation, income tax planning, creditor protection, asset preservation, and navigating complexities of planning for blended families.

Explore Our Featured Programs

Tax strategies for self-employed attorneys covering deductions, S corp structures, and retirement planning to maximize savings legally.

March 27, 2026

3 Hour Program

MCLE Credits

Being an attorney is hard enough without the bookkeeping/IOLTA nonsense. Ready to keep more of what you earn? Whether you’re launching a new law practice or been in your own practice for forty years, this program is your roadmap to slashing your tax bill and building real wealth. Want to write off that second home, or discover how to deduct your vacation? In this dynamic, eye-opening session, civil and criminal tax controversy attorney Eric Green will walk you through often-overlooked strategies to dramatically cut taxes, increase deductions, and protect your law practice from IRS audit adjustments. You’ll walk away armed with actionable insights you can put to work immediately and easily earn back 8-10X what you invested in this seminar!
The program will cover not just how to deduct these expenses but what documentation you need to maintain to make sure you are audit proof if Uncle Sam comes calling!

In this new expanded webinar, Eric and Leighanne will review other benefits like converting your practice to an S Corporation, retirement planning and discuss apps that can help tie all this together and make your record keeping a breeze!

Who Should Attend:

  • Self-Employed Attorneys in a partnership
  • Solo Attorneys running their own firm
  • Any attorney considering opening their own firm

Don’t miss this opportunity to transform the way you think about taxes—and take home the tools you need to save thousands year after year.

Key topics to be discussed:

  • How running a home-based business can open the door to massive deductions
  • The secrets to deducting meals, vacations, and even your kids’ college tuition—legally
  • Audit-proof your tax return and ensure your business isn’t labeled a “hobby” by the IRS
  • How to choose the best business entity (and where to set it up) to maximize tax advantages
  • Why a Subchapter S Corporation could be the golden ticket to saving thousands
  • Unlock the power of home office deductions and car write-offs without triggering red flags
  • How to safely write off a second home and maximize real estate tax savings that most people miss
  • Strategies for supercharging your fringe benefits and saving up to 40% on taxes by turbocharging your retirement savings
  • Critical Apps that can make tracking auto miles and expenses a breeze!

Date / Time: March 27, 2026

  • 1:00 pm – 4:20 pm Eastern
  • 12:00 pm – 3:20 pm Central
  • 11:00 am – 2:20 pm Mountain
  • 10:00 am – 1:20 pm Pacific

Closed-captioning available

2026-03-27 13:00:00

Learn generative AI fundamentals and build custom GPTs to automate legal workflows—no coding required.

October 30, 2025

2 Hour Program

MCLE Credits

This program begins with the foundations of generative AI, introducing large language models and transformer architecture, then moves into practical applications for legal professionals. Participants will learn how to design and deploy custom GPTs in OpenAI and build agent-based automations in Microsoft Copilot, both of which enable legal teams to streamline repetitive work across transactional matters, litigation management, and broader legal operations. The program also highlights how to use OpenAI projects and Microsoft’s integrated tools to scale and organize AI-driven efficiencies across the legal function.

Key topics to be discussed:

  • Foundations of generative AI
  • Custom GPTs & Copilot agents
  • Scaling with projects & platforms

Date / Time: December 19, 2025

  • 2:00 pm – 4:10 pm Eastern
  • 1:00 pm – 3:10 pm Central
  • 12:00 pm – 2:10 pm Mountain
  • 11:00 am – 1:10 pm Pacific

Closed-captioning available

2025-10-30 14:00:00

Comprehensive guide to revocable and irrevocable trusts covering structure, tax implications, Medicaid planning, and practical administration strategies for estate planners.

March 30, 2026

2 Hour Program

MCLE Credits

Session I – Considerations: Revocable vs. Irrevocable – Georgia Bender

In this session, attorney Georgia Bender will present a brief analysis of the structures and considerations involved in revocable and irrevocable trusts and when each type of trust may be appropriate. Next, Ms. Bender will go into a broad discussion of revocable trusts and the advantages they bring in flexibility of administration, probate avoidance, and estate tax planning. She’ll then review who might be an ideal candidate for this type of trust.

Key topics to be discussed:

  • Revocable vs. irrevocable
    • Flexibility
    • Tax treatment
    • Asset protection
    • Life circumstances
  • Revocable trusts
    • Joint vs. his & hers
    • Income taxes
    • Estate taxes
    • Ideal candidates

Session II – Irrevocable Trusts and Trust Administration – Joseph Donohue

In this session, Attorney Joseph Donohue will review four common types of irrevocable trusts and the contexts in which they are best used. Next, Mr. Donohue will offer some helpful drafting tips for trusts. Lastly, he will dive into topics surrounding trust administration from tax reporting to key phases, avoiding trust contests, and drafting documents to protect your fiduciary clients.

Key topics to be discussed:

  • Common types of irrevocable trusts
    • Medicaid asset protection
    • Spousal lifetime access
    • Irrevocable life insurance
    • Special needs
    • Drafting tips
  • Trust administration
    • Separate EIN needs
    • 4 key phases of trust administration
    • Avoiding trust contests
    • Protecting your fiduciary

Date / Time: December 11, 2025

  • 1:00 pm – 3:10 pm Eastern
  • 12:00 pm – 2:10 pm Central
  • 11:00 am – 1:10 pm Mountain
  • 10:00 am – 12:10 pm Pacific

Closed-captioning available

2026-03-30 14:00:00

FAQ

Get answers before you ask

Are all CLE programs included with an unlimited pass purchase?

Yes — the Basic Unlimited Pass gives members access to all online live, replay, and on-demand CLEs, excluding only the live conferences. With the Premium Unlimited Pass, members receive access to over 11 multi-day live conferences as well.

Yes — myLawCLE is an officially accredited CLE provider and seeks CLE approval in all 50 states. Our live webinars, on-demand programs, and replays meet or exceed state bar requirements, ensuring your CLE credits are fully recognized wherever you practice.

Yes — after completing the CLE webinar, attendees select their state for CLE credit and fill out an online evaluation form. Once submitted, a CLE certificate is emailed to them and uploaded to their dashboard.

Yes — myLawCLE develops CLE programs meeting all required CLE types, including mental health, ethics, professionalism, technology, substance abuse, and elimination of bias.

myLawCLE maintains all CLE programs in its library for 12 months following the original broadcast date. Attendees can access any program that remains available in the system during this period.

Yes — all of myLawCLE’s programs are originally broadcast live, with a chat box available for attendees to submit questions during the webinar. Additionally, replays and on-demand versions offer email correspondence with the presenters for any follow-up questions.

Expand Your Legal Expertise

Expanding practice
Expand your expertise and grow your client reach with new practice areas.
Live conferences
Join live events with top attorneys and real-world case insights.
Live webinars
Attend expert-led sessions in real time and earn accredited CLE credit from anywhere.
Legal Bootcamps
Deep-dive training programs designed to build advanced, practical legal skills fast.
Expanding practice
Expand your expertise and grow your client reach with new practice areas.
Live conferences
Join live events with top attorneys and real-world case insights.
Live webinars
Attend expert-led sessions in real time and earn accredited CLE credit from anywhere.
Legal Bootcamps
Deep-dive training programs designed to build advanced, practical legal skills fast.

MCLE Credits

Alabama
Pending
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
Approved
Iowa
Pending
Kansas
Approved
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
Approved
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
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