Planning and Drafting Techniques for Updating Irrevocable Trust Structures (2024 Edition)

Leslie A. Share
Leslie A. Share
Packman, Neuwahl & Rosenberg, P.A.

Leslie A. Share is a shareholder in Packman, Neuwahl & Rosenberg, P.A., and a member of the firm’s international tax team, specializing in the areas of tax, estate and wealth preservation planning.

Eric A. Feldhake
Eric A. Feldhake
Kulzer & DiPadova, P.A.

Mr. Feldhake is a shareholder with the law firm of Kulzer & DiPadova. He earned his J.D. at Temple University School of Law, where he was a senior editor of the Temple University International and Comparative Law Journal.

On-Demand: April 17, 2024

2 hour CLE

Tuition: $195.00
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Program Summary

Session I - Planning and Drafting Techniques for Updating Irrevocable Trust Structures - Leslie A. Share

This session will review a number of the most flexible and advantageous methods that may be utilized in appropriate situations to effectively modify the terms of an irrevocable trust. The techniques to be considered will include “built-in” language included in the original trust document, how to modify existing trust language in otherwise unamendable trusts and changing the trust asset holding structure to account for previously unanticipated issues. The potential planning devices to be discussed will include moving the trust or its investments to another jurisdiction, swapping trust assets for “outside” assets, and how a trustee may use all or part of the trust principal to create or fund another trust.

Key topics to be discussed:

  • Powers of Appointment
  • Decanting
  • “Back Door” Powers
  • Judicial and Non-Judicial Modification

Session II - Ethical Considerations for Estate Planning Counsel – Eric A. Feldhake

This session will cover ethical duties of counsel towards clients while preparing trusts and providing estate planning counsel. An overview of specific issues commonly faced by estate planning practitioners will include to whom is a duty owed; with whom and how counsel may communicate regarding the client; and what is required if capacity is in question. The New Jersey Rules of Professional Conduct and American Bar Association Model Rules will be the guidelines.

Key topics to be discussed:

  • Who is the client?
  • Duties to all beneficiaries
  • Incapacitated Clients

Closed-captioning available

Speakers

Leslie A. Share_ Packman, Neuwahl & Rosenberg, P.A._myLawCLELeslie A. Share | Packman, Neuwahl & Rosenberg, P.A.

Leslie A. Share is a shareholder in Packman, Neuwahl & Rosenberg, P.A., and a member of the firm’s international tax team, specializing in the areas of tax, estate and wealth preservation planning. Mr. Share has advised clients for over forty years in numerous and diverse areas such as Broadway theatrical productions, real estate like – kind exchanges, and cryptocurrency issues. He frequently speaks on subjects ranging from Florida and offshore trust law, advanced wealth preservation techniques, U.S. tax treaties, representing a foreign investor in an Internal Revenue Service examination, the role of the Internet in U.S. tax planning, and preferred structures for U.S. persons investing overseas and engaging in foreign business activities. He is a member of the Society of Trust and Estate Practitioners (STEP).

 

Eric A. Feldhake_myLawCLEEric A. Feldhake | Kulzer & DiPadova, P.A.

Mr. Feldhake is a shareholder with the law firm of Kulzer & DiPadova. He earned his J.D. at Temple University School of Law, where he was a senior editor of the Temple University International and Comparative Law Journal. He earned his LL.M. in Taxation and M.B.A. from Temple University.

Mr. Feldhake is licensed to practice in the State of New Jersey, Commonwealth of Pennsylvania, United States Tax Court, and United States Supreme Court. Mr. Feldhake is a member of the Bars of the State of New Jersey and Commonwealth of Pennsylvania. He is a member of the American Bar Association, New Jersey State Bar Association, Burlington County Bar Association, Cape May County Bar Association, and Camden County Bar Association, where he serves as a Co-Chairperson on the Tax Committee and as a Trustee for the Bar Foundation.

Mr. Feldhake is a retired Major in the Judge Advocate General Corps of the Army Reserves. He taught Trust and Estate Taxation at the Judge Advocate General School and University of Virginia School of Law from 2006-2017. He also serves as a Trustee for the American Wine Society Educational Foundation since 2017 and as Vice President for the American Wine Society.

Agenda

Session I – Planning and Drafting Techniques for Updating Irrevocable Trust Structures | 12:00pm – 1:00pm

  • Powers of Appointment | 12:00pm – 12:15pm
  • Decanting | 12:15pm – 12:30pm
  • “Back Door” Powers | 12:30pm – 12:45pm
  • Judicial and Non-Judicial Modification | 12:45pm – 1:00pm

Break | 1:00pm – 1:10pm

Session II – Ethical Considerations for Estate Planning Counsel | 1:10pm – 2:10pm

  • Who is the client? | 1:10pm – 1:30pm
  • Duties to all beneficiaries | 1:30pm – 1:50pm
  • Incapacitated Clients | 1:50pm – 2:10pm

Credits

Alaska

Approved for CLE Credits
1 General, 1 Ethics

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

Pending CLE Approval
1 General, 1 Ethics

Arkansas

Approved for CLE Credits
1 General, 1 Ethics

Our programs are CLE-eligible through Arkansas's recognition of multi-jurisdictional reciprocity.
Arizona

Approved for CLE Credits
1 General, 1 Ethics

California

Approved for CLE Credits
1 General, 1 Ethics

Colorado

Approved for Self-Study Credits
1 General, 1 Ethics

Connecticut

Approved for CLE Credits
1 General, 1 Ethics

District of Columbia

No MCLE Required
1 General hour, 1 Ethics hour

Delaware

Pending CLE Approval
1 General, 1 Ethics

Florida

Approved for CLE Credits
2.5 General, 1 Ethics

Georgia

Approved for CLE Credits
1 General, 1 Ethics

Hawaii

Approved for CLE Credits
1 General, 1 Ethics

Iowa

Pending CLE Approval
1 General, 1 Ethics

Idaho

Pending CLE Approval
1 General, 1 Ethics

Illinois

Approved for CLE Credits
1 General, 1 Ethics

Indiana

Pending CLE Approval
1 General, 1 Ethics

Kansas

Pending CLE Approval
1 General, 1 Ethics

Kentucky

Pending CLE Approval
1 General, 1 Ethics

Louisiana

Pending CLE Approval
1 General, 1 Ethics

Massachusetts

No MCLE Required
1 General hour, 1 Ethics hour

Maryland

No MCLE Required
1 General hour, 1 Ethics hour

Maine

Pending CLE Approval
2 General

Michigan

No MCLE Required
1 General hour, 1 Ethics hour

Minnesota

Approved for Self-Study Credits
1 General, 1 Ethics

Missouri

Approved for CLE Credits
1.2 General, 1.2 Ethics

Mississippi

Pending CLE Approval
1 General, 1 Ethics

Montana

Approved for CLE Credits
1 General, 1 Ethics

North Carolina

Pending CLE Approval
1 General, 1 Ethics

North Dakota

Approved for CLE Credits
1 General hour, 1 Ethics hour

Nebraska

Pending CLE Approval
1 General, 1 Ethics

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

Approved for CLE Credits
60 General minutes, 60 Ethics 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
1.2 General, 1.2 Ethics

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 Self-Study Credits
1 General, 1 Ethics

Nevada

Pending CLE Approval
1 General, 1 Ethics

New York

Approved for CLE Credits
1.2 General, 1.2 Ethics

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

Approved for Self-Study Credits
1 General, 1 Professional Conduct

Oklahoma

Pending CLE Approval
1 General, 1 Ethics

Oregon

Approved for Self-Study Credits
1 General, 1 Ethics

Pennsylvania

Approved for Self-Study Credits
1 General, 1 Ethics

Rhode Island

Pending CLE Approval
1 General, 1 Ethics

South Carolina

Pending CLE Approval
1 General, 1 Ethics

South Dakota

No MCLE Required
1 General hour, 1 Ethics hour

Tennessee

Approved for Self-Study Credits
1 General, 1 Dual

Texas

Pending CLE Approval
1 General, 1 Ethics

Utah

Pending CLE Approval
1 General, 1 Ethics

Virginia

Not Eligible
1 General hour Hours, 1 Ethics hour Hours

Vermont

Approved for CLE Credits
1 General, 1 Ethics

Washington

Approved for Self-Study Credits
1 Law and Legal, 1 Ethics

Wisconsin

Approved for Self-Study Credits
2 General

Ethics credits can ONLY be earned through Live-Webcast programs, the Wisconsin Board of Bar Examiners does not approve Ethics through On-Demand sessions.
West Virginia

Pending CLE Approval
1 General, 1 Ethics

Wyoming

Pending CLE Approval
1 General, 1 Ethics

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