Irrevocable Trusts in Practice: Drafting Strategies, Sample Provisions, Key Language, and Fiduciary Risk Management (Including 1hr. on Ethics)

Jonathan G. Blattmarchr
Jonathan G. Blattmarchr
Pioner Wealth Partners LLC

Jonathan G. Blattmachr is Director of Estate Planning for Peak Trust Company (formerly Alaska Trust Company) and a Director/Principal of Pioneer Wealth Partners, LLC in a boutique wealth advisory firm located in Chicago and New York. He is a Principal at Interactive Legal Services Management, LLC, serving as its Editor-in-Chief and Co-Author of its cornerstone products, Wealth Transfer Planning™ and Elder Law Planning™ and a retired member of Milbank (formerly Milbank Tweed Hadley & McCloy LLP) and of the New York, Alaska and in California bars.

L. Paul Hood Jr.
L. Paul Hood Jr.
Paul Hood Services

Paul is an author, speaker and consultant on tax, estate and charitable planning. A native of Louisiana (and a double LSU Tiger), Paul Hood obtained his undergraduate and law degrees from Louisiana State University and an LL.M. in taxation from Georgetown University Law Center before settling down to practice tax and estate planning law in the New Orleans area. Paul also spent almost six years running the planned giving operations for two higher-end state institution foundations.

Live Video-Broadcast: July 31, 2025

3.5 hour CLE

Tuition: $245.00
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Program Summary

Session I – Trusts and Taxes: Drafting Strategies, Sample Provisions, and Key Language for Modern Estate Plans - Jonathan G. Blattmachr

This presentation will cover some of the major tax advantages of transmitting property in trust both during lifetime and after death of the property's owner. It will explain how trusts may reduce income taxes including avoiding state income tax and avoiding the highest Federal tax rates on trust income. The presentation will cover efficient ways to draft a revocable trust. Sample provisions will be offered including key language to include in the trust instrument and point out common problems when the instrument is not properly drafted. It will explain how trusts can change how property is taxed even after the close of the current tax year. It will go over how charitable contributions may produce better results if made by a trust than by individuals. Also, it will explain how a trust may provide an opportunity to secure the so-called income tax free step-up on the basis of death even if the property is not included in the former owner's gross estate. The presentation will also discuss how trust can be used to help carry out the family goals and provide a framework for flexibility in our fast-changing world.

Key topics to be discussed:

  • First, it will cover some of the tax advantages and disadvantages of using trusts to safeguard property and build wealth
  • Second, it will briefly focus on protection of a family's wealth by using trust
  • Third, it will discuss how flexibility in disposition of wealth is of supreme importance in carrying out a family's goals for its members, keeping in mind that attitudes toward diversification in our ever-changing world are developing more quickly than ever before in human history
  • How to draft a revocable trust
  • Sample trust documents
  • Key language that should be included in trusts
  • Common issues that arise when trusts are not drafted properly

Session II - Drafting and Administering Irrevocable Trusts: Fiduciary Risk, Contested Matters, and the Road to Resolution - L. Paul Hood Jr.

This session will cover curated considerations that arise during the administration of an irrevocable trust along its life cycle, i.e., from commencement of the trust all the way to the conclusion of a trust and points along the way, all with a view toward helpful and practical drafting considerations. The session also will discuss how a trustee’s state law fiduciary obligations impact trust administration as well as any future proposed changes to an irrevocable trust, including, without limitation, terminations, commutations, amendments and decanting’s. Finally, this session will address issues that can arise in a contested trust.

Key topics to be discussed:

  • A synopsis of curated considerations during each phase of an irrevocable trust
  • A review of the types of state law fiduciary duties that the trustee of an irrevocable trust must observe
  • Selected issues that a trustee must face in a contested trust

Session III - Legal Ethics in Irrevocable Trusts – L. Paul Hood Jr.

This presentation will cover curated considerations that arise during the administration of an irrevocable trust where the interests of the family beneficiaries and trustees are “complex,” e.g., blended families or families where at least one beneficiary has capacity or impairment problems or are young as well as ethics considerations, all with a view toward helpful and practical drafting considerations. The session also will discuss how a trust settlor’s legal capacity can impact trust administration. Finally, this session will address issues that can arise in management and oversight of irrevocable trust.

Key topics to be discussed:

  • A synopsis of curated considerations that arise during the formation and administration of an irrevocable trust for complex families, e.g., so-called “blended families.” and will address pertinent rules in the Model Rules of Professional Conduct (MRPC), including without limitation, MRPC Rules 1.1, 1.2, 1.7-1.9, 4.3, and 5.1
  • A review of the types of state law fiduciary duties that the trustee of an irrevocable trust must observe
  • Selected issues involving the oversight of all fiduciaries of an irrevocable trust, including agents under the property powers of attorney, trustees (including co-trustees) and trust protectors

Date / Time: July 31, 2025

  • 12:30 pm – 4:20 pm Eastern
  • 11:30 am – 3:20 pm Central
  • 10:30 am – 2:20 pm Mountain
  • 9:30 am – 1:20 pm Pacific

Closed-captioning available

Speakers

Speaker_Jonathan G. BlattmarchrJonathan G. Blattmarchr | Pioner Wealth Partners LLC

Jonathan G. Blattmachr is Director of Estate Planning for Peak Trust Company (formerly Alaska Trust Company) and a Director/Principal of Pioneer Wealth Partners, LLC in a boutique wealth advisory firm located in Chicago and New York. He is a Principal at Interactive Legal Services Management, LLC, serving as its Editor-in-Chief and Co-Author of its cornerstone products, Wealth Transfer Planning™ and Elder Law Planning™ and a retired member of Milbank (formerly Milbank Tweed Hadley & McCloy LLP) and of the New York, Alaska and in California bars. He is recognized as one of the most creative trusts and estates lawyers in the country and is listed as The Best Lawyers in America in. He graduated from Columbia University School of Law, cum laude, where he was recognized as a Harlan Fiske Stone Scholar.

He has written and lectured extensively on estate and trust taxation and charitable giving and is author or co-author of nine books and more than 500 articles on estate planning and tax topics. Jonathan was on active duty in the US Army from 1970 to 1972, rising to the rank of Captain and was awarded the Army Commendation Medal. He is an instrument rated land and seaplane pilot and a licensed hunting and fishing guide in the Town of Southampton, New York.

 

Speaker_L. Paul Hood Jr.L. Paul Hood Jr. | Paul Hood Services

Paul is an author, speaker and consultant on tax, estate and charitable planning. A native of Louisiana (and a double LSU Tiger), Paul Hood obtained his undergraduate and law degrees from Louisiana State University and an LL.M. in taxation from Georgetown University Law Center before settling down to practice tax and estate planning law in the New Orleans area. Paul also spent almost six years running the planned giving operations for two higher-end state institution foundations.

Paul has taught at the University of New Orleans, Northeastern University, The University of Toledo College of Law and Ohio Northern University Pettit College of Law. Paul has authored or co-authored nine books and over 200 professional articles on estate, charitable and tax planning and business valuation. Paul’s ninth book, Yours, Mine & Ours: Estate Planning for People in Blended or Stepfamilies, is now out. His website is www.paulhoodservices.com.

A “recovering tax lawyer,” Paul’s often quoted in publications that include Forbes magazine, USA TODAY, and The Wall Street Journal, and he’s been a frequent contributor to Leimberg Information Services, Inc. since its inception, Paul is a highly sought-after speaker and consultant because of his innate ability to see through the complexity and explain difficult and even boring subjects in understandable and entertaining language with his insightful and biting sense of humor, and he minces no words in doing so. Along the way, Paul’s been a father, husband, uncle, Godfather, lawyer, coach, mentor, trustee, member, director, president, partner, trust protector, director of planned giving, expert witness, agent, professor, judge, juror, respondent, and a defendant, and he uses his experience in these myriad roles to guide others.

I’ve written and spoken about legal ethics for over 30 years at many conferences, including the NYU Tax Institute.

Agenda

Session I – Trusts and Taxes: Drafting Strategies, Sample Provisions, and Key Language for Modern Estate Plans | 12:30pm – 2:10pm

  • First, it will cover some of the tax advantages and disadvantages of using trusts to safeguard property and build wealth
    Second, it will briefly focus on protection of a family’s wealth by using trust
  • Third, it will discuss how flexibility in disposition of wealth is of supreme importance in carrying out a family’s goals for its members, keeping in mind that attitudes toward diversification in our ever-changing world are developing more quickly than ever before in human history

Break | 1:30pm – 1:40pm

  • How to draft a revocable trust
  • Sample trust documents
  • Key language that should be included in trusts
  • Common issues that arise when trusts are not drafted properly

Session II – Drafting and Administering Irrevocable Trusts: Fiduciary Risk, Contested Matters, and the Road to Resolution | 2:10pm – 3:10pm

  • A synopsis of curated considerations during each phase of an irrevocable trust
  • A review of the types of state law fiduciary duties that the trustee of an irrevocable trust must observe
  • Selected issues that a trustee must face in a contested trust

Break | 3:10pm – 3:20pm

Session III – Legal Ethics in Irrevocable Trusts| 3:20pm – 4 :20pm

  • A synopsis of curated considerations that arise during the formation and administration of an irrevocable trust for complex families, e.g., so-called “blended families.” and will address pertinent rules in the Model Rules of Professional Conduct
  • (MRPC), including without limitation, MRPC Rules 1.1, 1.2, 1.7-1.9, 4.3, and 5.1
  • A review of the types of state law fiduciary duties that the trustee of an irrevocable trust must observe
  • Selected issues involving the oversight of all fiduciaries of an irrevocable trust, including agents under the property powers of attorney, trustees (including co-trustees) and trust protectors

Credits

Alaska

Approved for CLE Credits
2.5 General, 1 Ethics

Our programs are CLE-eligible through Alaska’s recognition of multi-jurisdictional reciprocity.
Alabama

Approved for CLE Credits
2.5 General, 1 Ethics

Arkansas

Approved for CLE Credits
2.5 General, 1 Ethics

Arizona

Approved for CLE Credits
2.5 General, 1 Professional Responsibility/Ethics

California

Approved for CLE Credits
2.5 General, 1 Ethics

Colorado

Pending CLE Approval
2.5 General, 1 Ethics / Professionalism

Connecticut

Approved for CLE Credits
2.5 General, 1 Ethics / Professionalism

District of Columbia

No MCLE Required
3.5 CLE Hour(s)

Delaware

Pending CLE Approval
2.5 General, 1 Enhanced Ethics

Florida

Approved via Attorney Submission
3 General Hours, 1 Ethics Hours

Receive CLE credit in Florida via attorney submission.
Georgia

Pending CLE Approval
2.5 General, 1 Ethics

Hawaii

Approved for CLE Credits
3 General, 1.2 Ethics or Professional Responsibility Education

Iowa

Pending CLE Approval
2.5 General, 1 Ethics

Idaho

Pending CLE Approval
2.5 General, 1 Ethics / Professionalism

Illinois

Pending CLE Approval
2.5 General, 1 Ethics, Civility, Professionalism

Indiana

Approved for Self-Study Credits
2.5 General, 1 Ethics

Kansas

Pending CLE Approval
2.5 Substantive, 1 Ethics / Professionalism

Kentucky

Pending CLE Approval
2.5 General, 1 Ethics

Louisiana

Pending CLE Approval
2.5 General, 1 Ethics

Massachusetts

No MCLE Required
3.5 CLE Hour(s)

Maryland

No MCLE Required
3.5 CLE Hour(s)

Maine

Pending CLE Approval
2.5 General, 1 Ethics / Professionalism

Michigan

No MCLE Required
3.5 CLE Hour(s)

Minnesota

Pending CLE Approval
2.5 General, 1 Ethics

Missouri

Approved for CLE Credits
3 General, 1.2 Ethics

Mississippi

Pending CLE Approval
2.5 General, 1 Ethics

Montana

Pending CLE Approval
2.5 General, 1 Professional Fitness and Integrity

North Carolina

Pending CLE Approval
2.5 General, 1 Ethics

North Dakota

Approved for CLE Credits
2.5 General, 1 Ethics

Our programs are CLE-eligible through North Dakota’s recognition of multi-jurisdictional reciprocity. Section 1, Policy 1.14
Nebraska

Pending CLE Approval
2.5 General, 1 Professional Responsibility

myLawCLE reports attendance to Nebraska on each attorney’s behalf for all programs. Please do not self-report.
New Hampshire

Approved for CLE Credits
150 General minutes, 60 Ethics / Professionalism minutes

As of July 1, 2014, the NHMCLE Board no longer provides pre- or post-approval of courses. Attendees must self-determine whether a program is eligible for credit, and self-report their attendance online at www.nhbar.org, based on qualification provisions of Rule 53.
New Jersey

Approved for CLE Credits
3 General, 1.2 Ethics / Professionalism

Our programs are CLE-eligible through New Jersey’s recognition of multi-jurisdictional reciprocity, except for the courses required under BCLE Reg. 201:2
New Mexico

Approved for CLE Credits
2.5 General, 1 Ethics / Professionalism

Nevada

Approved for CLE Credits
2.5 General, 1 Ethics / Professionalism

New York

Approved for CLE Credits
3 General, 1.2 Ethics / Professionalism

Our programs are CLE-eligible through New York’s Approved Jurisdiction Group “B”.
Ohio

Approved for CLE Credits
2.5 General, 1 Professional Conduct

Oklahoma

Pending CLE Approval
3 General, 1 Ethics / Professionalism

Oregon

Pending CLE Approval
2.5 General, 1 Ethics

Pennsylvania

Approved for CLE Credits
2.5 General, 1 Ethics / Professionalism

Rhode Island

Pending CLE Approval
3 General, 1 Ethics / Professionalism

South Carolina

Pending CLE Approval
2.5 General, 1 Ethics / Professionalism

South Dakota

No MCLE Required
3.5 CLE Hour(s)

Tennessee

Pending CLE Approval
2.5 General, 1 Dual

Texas

Approved for CLE Credits
2.5 General, 1 Ethics / Professionalism

Utah

Pending CLE Approval
2.5 General, 1 Ethics / Professionalism

Virginia

Not Eligible
2.5 General Hours, 1 Ethics / Professionalism Hours

Vermont

Approved for CLE Credits
2.5 General, 1 Ethics

Washington

Approved via Attorney Submission
2.5 Law & Legal Hours, 1 Ethics Hours

Receive CLE credit in Washington via attorney submission.
Wisconsin

Pending CLE Approval
3 General, 1 Ethics

West Virginia

Pending CLE Approval
3 General, 1.2 Ethics / Professionalism

Wyoming

Pending CLE Approval
2.5 General, 1 Ethics / Professionalism

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