Sketching Legacies: A guide to drafting wills and trusts

Russell T. Cook
Russell T. Cook
Cook Tillman Law Group

Russ is the first attorney to be recognized as an estate planning specialist by the Tennessee Board of Certification and Specialization and holds the Accredited Estate Planner and Estate Planning Law Specialist designations with the National Association of Estate Planners and Councils.

Aaron B. Morales
Aaron B. Morales
Cook Tillman Law Group

Aaron works with the partners of the Cook Tillman Law Group in estate planning.

On-Demand: August 29, 2024

2 hour CLE

Tuition: $195.00
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Program Summary

This seminar will familiarize you with the essential instruments of an effective estate plan, wills and trusts. Cores to estate planning are transfer of assets, retention and administration thereof, succession and control, and contingencies. In that vein, we first discuss the modes to transfer assets to beneficiaries at the decedent’s death depending on the nature and ownership of each particular asset and the instruments that may be relied upon. Second, we consider ways in which an estate plan may preserve assets, such as when planning for blended families, or government benefits, such as when planning for special needs beneficiaries, or benefit more than one successive generation, for which we describe potential tax and liability protection advantages and drawbacks thereof. Third, and relatedly, we strategize about how to craft succession plans for closely held organizations (especially if family is involved) and family heirloom assets. Fourth, we address initial appointment of fiduciaries, removal and appointment of successor fiduciaries, and fiduciary duties and liability. Finally, once a client has an estate plan in place, we discuss numerous facts that will influence future updates to the plans, including change in domicile, tax planning, updates in law, and other major life events.

Key topics to be discussed:

  • Understanding Wills and Revocable Living Trusts
  • Preparing Documents
  • Asset Preservation, Creditor Protection and Succession Planning
  • Fiduciaries
  • Updating Estate Plans

Closed-captioning available

Speakers

Russell T. Cook_myLawCLERussell T. Cook | Cook Tillman Law Group

Russ is the first attorney to be recognized as an estate planning specialist by the Tennessee Board of Certification and Specialization and holds the Accredited Estate Planner and Estate Planning Law Specialist designations with the National Association of Estate Planners and Councils.

He received his B.A. degree from the State University of New York at Albany in 1984 and his J.D. degree from the Washington College of Law at American University, Washington, D.C. He also attended the University of Copenhagen in Denmark enrolled in their International Business Studies Program. Russ is a member of the National Association of Estate Planners and Councils, the Middle Tennessee Estate Planning Council, and the Tennessee Bar Association.

Russ conducts various seminars for clients, financial consultants, and attorneys. He has been accepted by the CFP Board as a Continuing Education Sponsor and provides seminars eligible for Continuing Education credits for Certified Financial Planners.

He is also recognized by the Tennessee Bar Association as a Continuing Legal Education Speaker. He is the former co-host on the Retirement Report television show on Channel 5 and has appeared on 99.7 WWTN, 1510 WLAC and 107.9 WMSR radio.

 

Aaron B. Morales_myLawCLEAaron B. Morales | Cook Tillman Law Group

Aaron works with the partners of the Cook Tillman Law Group in estate planning. He also enjoys preparing continuing education presentations for legal and financial professionals. He earned his B.A. from Cal Poly, San Luis Obispo and J.D. from Golden Gate University in San Francisco, where he was the editor of the Tax and Estate Planning Review.

Agenda

I. Understanding Wills and Revocable Living Trusts | 11:00am – 11:30am

  • Date of Effectiveness
    • Wills
    • Trusts and Funding
    • Revocation, Codicils and Amendments
  • Estate Administration
    • Probate
      • Publicity
      • Creditor Notification
    • Limited Probate
    • Muniment of Title
    • Ancillary Probate
  • Trust Administration

II. Preparing Documents| 11:30am – 12:00pm

  • Mode to Transfer Assets Upon Death
    • Transfer on Death Designation
    • Beneficiary Designation
    • Operation of Law
    • Probate Estate
    • Revocable Living Trust
  • Testator’s or Grantor’s Intentions
    • Consider dead hand controls
      • Limited Powers of Appointment
      • Executor and Trustee Appointments
      • Distributions
      • Substance Abuse, Gambling Provisions
    • Consider the beneficiaries
      • Family only
      • Individuals
      • Charities
  • Estate Tax and Generation-Skipping Transfer Tax
    • Preserving Exemptions: QTIP Election
    • Utilizing Exemptions at Death
    • Charitable Gifts
    • Lifetime Gifts
      • Annual Exclusions
      • Lifetime Exemptions
  • Income Tax
    • Grantor Trusts
    • Cost Basis Step-Up
    • Community Property

Break | 12:00pm – 12:10pm

III. Asset Preservation, Creditor Protection and Succession Planning | 12:10pm – 12:40pm

  • Testamentary Trusts
    • Asset Preservation
      • Marital Trusts
      • Credit Shelter Trusts
      • House or Land Trusts
      • Discretionary Distributions
      • Contingent Beneficiaries
      • Ultimate Beneficiaries
    • Creditor Protection
    • Beneficiary Tax Considerations
      • Income Tax
        • Trust Income Versus Distributable Net Income
          • Federal Taxes
          • State Taxes
        • Net Investment Income
        • Cost Basis and Capital Gains
        • General Powers of Appointment
      • Estate Tax and Generation-Skipping Transfer Tax
        • Decedent’s Exemptions
        • General Powers of Appointment
  • Asset Retention
  • Asset Allocation: in cash or kind
  • Purchase Options
  • Rights of First Refusal
  • Buy/Sell Agreements
  • Trust Modification

IV. Fiduciaries | 12:40pm – 12:55pm

  • Executors
  • Trustees
  • Investment Counselors
  • Trust Protectors and Advisors
  • Removal and Appointment of Successor
  • Fiduciaries Duties and Liabilities

V. Updating Estate Plans | 12:55pm – 1:10pm

  • Trust Nexus
  • Secure Act
  • General Powers of Appointment
  • Planning for Reduced Exemptions
  • Planning for Emotional Life Events

Credits

Alaska

Approved for CLE Credits
2 General

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

Pending CLE Approval
2 General

Arkansas

Approved for CLE Credits
2 General

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

Approved for CLE Credits
2 General

California

Approved for CLE Credits
2 General

Colorado

Approved for Self-Study Credits
2 General

Connecticut

Approved for CLE Credits
2 General

District of Columbia

No MCLE Required
2 General Hours

Delaware

Approved for CLE Credits
2 General

Florida

Approved for CLE Credits
2.5 General

Certification Credits Approved:
2.5 Wills, Trusts and Estates

To request these credits, attorneys must contact us to issue a manual certificate.
Phone: (877) 406-8636
Email: registration@mylawcle.com
Georgia

Approved for CLE Credits
2 General

Hawaii

Approved for CLE Credits
2 General

Iowa

Pending CLE Approval
2 General

Idaho

Pending CLE Approval
2 General

Illinois

Approved for Self-Study Credits
2 General

Indiana

Approved for Self-Study Credits
2 General

Kansas

Pending CLE Approval
2 General

Kentucky

Pending CLE Approval
2 General

Louisiana

Pending CLE Approval
2 General

Massachusetts

No MCLE Required
2 General Hours

Maryland

No MCLE Required
2 General Hours

Maine

Pending CLE Approval
2 General

Michigan

No MCLE Required
2 General Hours

Minnesota

Approved for Self-Study Credits
2 General

Missouri

Approved for CLE Credits
2.4 General

Mississippi

Pending CLE Approval
2 General

Montana

Pending CLE Approval
2 General

North Carolina

Pending CLE Approval
2 General

North Dakota

Approved for CLE Credits
2 General

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

Pending CLE Approval
2 General

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

Approved for CLE Credits
2 General

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
2.4 General

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
2 General

Nevada

Approved for Self-Study Credits
2 General

New York

Approved for CLE Credits
2.4 General

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

Approved for Self-Study Credits
2 General

Oklahoma

Approved for Self-Study Credits
2.5 General

Oregon

Pending CLE Approval
2 General

Pennsylvania

Approved for Self-Study Credits
2 General

Rhode Island

Pending CLE Approval
2.5 General

South Carolina

Pending CLE Approval
2 General

South Dakota

Pending CLE Approval
2 General Hours

Tennessee

Approved for Self-Study Credits
2 General

Texas

Approved for CLE Credits
2 General

Utah

Pending CLE Approval
2 General

Virginia

Not Eligible
2 General Hours Hours

Vermont

Approved for CLE Credits
2 General

Washington

Approved for Self-Study Credits
2 Law and Legal

Wisconsin

Approved for Self-Study Credits
2 General

West Virginia

Pending CLE Approval
2 General

Wyoming

Pending CLE Approval
2 General

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