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Trusts and Taxes: Hidden Liabilities Every Attorney Should Anticipate

Master trust taxation strategies across jurisdictions, including state tax planning, asset protection, and emerging tools like community property trusts.

2025-11-18 13:00:00

Program Details

2025-11-18 13:00:00

Program Details

2025-11-18 13:00:00

Over 1,000+ webinars

2025-11-18 13:00:00

Course Overview

Navigating Trust Tax Footprints Across Jurisdictions

2025-11-18 13:00:00

Participants will learn to identify and mitigate trust tax consequences across federal, state, and international jurisdictions. Strategies for jurisdiction selection, fiduciary compliance, and asset protection enable immediate application in client planning.

Format

CLE Credit

2h CLE Credits

Level

Intermediate

Length

2

Key topics that will be covered

01
Trust Classification
Grantor versus non-grantor trust distinctions drive both federal and state tax consequences.
02
State Taxation
States vary dramatically in approaches to taxing trusts based on settlor residence.
03
Dynasty Trusts
Properly structured trusts can eliminate death taxes across multiple generations.
04
Jurisdiction Selection
Choosing the right trust jurisdiction should be the starting point for planning.
05
Decanting
Decanting allows total revision of trust terms when circumstances change.
06
Asset Protection
Domestic asset protection trusts are self-settled trusts providing creditor protection.

Program schedule

clock 1:00 pm - 1:30 pm EST

Foundations of Trust Taxation and Federal Considerations

This session explores the fundamental distinction between grantor and non-grantor trusts, examining how each classification impacts income tax treatment and estate planning. Participants will learn about DNI calculations, compressed tax brackets, and the strategic use of completed versus incomplete gift trusts to optimize tax outcomes.

David A. WarrenDavid A. Warren
William LipkindWilliam Lipkind
clock 1:30 pm - 2:00 pm EST

State and Multistate Tax Issues and Evolving Law

Examine the critical importance of jurisdiction selection and how states vary dramatically in their approaches to trust taxation. This session covers landmark cases including Kaestner and Fielding, plus practical strategies for navigating New York and California’s aggressive tax statutes.

David A. WarrenDavid A. Warren
William LipkindWilliam Lipkind
clock 2:00 pm - 2:10 pm EST

Networking Break and Refreshments

Take a short break to refresh and connect with fellow attendees. Use this time to reflect on the material covered and prepare questions for upcoming sessions.

David A. WarrenDavid A. Warren
William LipkindWilliam Lipkind
clock 2:10 pm - 2:30 pm EST

International and Cross-Border Trust Implications

This session addresses the complexities that arise when trusts have international dimensions, particularly the treatment of foreign trusts. Participants will explore the income throwback rules triggered at a grantor’s death and potential workarounds for high-net-worth clients with cross-border considerations.

David A. WarrenDavid A. Warren
William LipkindWilliam Lipkind
clock 2:30 pm - 2:50 pm EST

Fiduciary Duties and Emerging Planning Tools

Explore the fiduciary duty to consider jurisdiction selection and modern planning tools including decanting, community property trusts, and private placement life insurance. Learn how the South Dakota Community Property Trust provides a 100% step-up in basis and how SLATs can be optimized.

David A. WarrenDavid A. Warren
William LipkindWilliam Lipkind
clock 2:50 pm - 3:10 pm EST

Domestic Asset Protection and Advanced Tax Strategies

Discover how domestic asset protection trusts work in conjunction with tax planning, supported by powerful case law including the Cleopatra decision. This session distinguishes ethical planning for unknown future risks from problematic asset concealment while examining self-settled spendthrift trust structures.

David A. WarrenDavid A. Warren
William LipkindWilliam Lipkind
David A. Warren

David A. Warren

Bridgeford Trust Company

William Lipkind

William Lipkind

Wilson Elser

David A. Warren

David A. Warren

Bridgeford Trust Company

David Warren is Co-Founder and Chairman of Bridgeford Trust Company, with extensive experience as an attorney practicing law and working in the financial services industry. He has dedicated his career to serving the trust and wealth management needs of high-net-worth and ultra-high-net-worth families, focusing on leveraging South Dakota’s modern trust laws for personalized solutions prioritizing privacy, asset protection, and tax efficiency.

Experience

Before founding Bridgeford Trust Company, David transitioned from a prestigious Mid-Atlantic law firm to serve as Vice President and Senior Trust Administrator in the Wealth Management/Trust Department of a large regional bank, working extensively with affluent families on trust and fiduciary matters. He later joined Bank of New York Mellon, where he specialized in working with ultra-high-net-worth families on tax planning, asset protection, and legacy planning needs. He is also President and CEO of Bridgeford Advisors and Co-Founder of Bridgeford Global.
William Lipkind

William Lipkind

Wilson Elser

William Lipkind is chair of Wilson Elser’s Tax Planning & Controversies practice, concentrating in wealth preservation, asset protection, and state and federal income taxation. He counsels closely held businesses and their owners on optimal tax structures, internal governance, mergers and acquisitions, and high-net-worth individuals on intergenerational issues.

Experience

Bill served as law secretary to Justice Nathan Jacobs, Supreme Court of New Jersey. He is experienced in the laws, regulations and nuances surrounding gift and estate taxation and tax controversies.
David A. Warren

David A. Warren

Bridgeford Trust Company

David Warren is Co-Founder and Chairman of Bridgeford Trust Company, with extensive experience as an attorney practicing law and working in the financial services industry. He has dedicated his career to serving the trust and wealth management needs of high-net-worth and ultra-high-net-worth families, focusing on leveraging South Dakota’s modern trust laws for personalized solutions prioritizing privacy, asset protection, and tax efficiency.

Experience

Before founding Bridgeford Trust Company, David transitioned from a prestigious Mid-Atlantic law firm to serve as Vice President and Senior Trust Administrator in the Wealth Management/Trust Department of a large regional bank, working extensively with affluent families on trust and fiduciary matters. He later joined Bank of New York Mellon, where he specialized in working with ultra-high-net-worth families on tax planning, asset protection, and legacy planning needs. He is also President and CEO of Bridgeford Advisors and Co-Founder of Bridgeford Global.
William Lipkind

William Lipkind

Wilson Elser

William Lipkind is chair of Wilson Elser’s Tax Planning & Controversies practice, concentrating in wealth preservation, asset protection, and state and federal income taxation. He counsels closely held businesses and their owners on optimal tax structures, internal governance, mergers and acquisitions, and high-net-worth individuals on intergenerational issues.

Experience

Bill served as law secretary to Justice Nathan Jacobs, Supreme Court of New Jersey. He is experienced in the laws, regulations and nuances surrounding gift and estate taxation and tax controversies.

Credits by state

AK2.0
AL2.0
AR2.0
AZ2.0
CA2.0
CO2.0
CT2.0
DC
DE2.0
FL2.0
GA2.0
HI2.0
IA2.0
ID2.0
IL2.0
IN2.0
KS2.0
KY2.0
LA2.0
MA2.0
MD2.0
ME2.0
MI2.0
MN2.0
MO2.4
MS2.0
MT2.0
NC2.0
ND2.0
NE2.0
NH120.0
NJ2.0
NM2.0
NV2.0
NY2.0
OH2.0
OK2.5
OR2.0
PA2.0
RI2.5
SC2.0
SD2.0
TN2.0
TX2.0
UT2.0
VA2.0
VT2.0
WA2.0
WI2.0
WV2.4
WY2.0

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

10,000+

Trusted by Legal Professionals

1000+

Live stream programs

24/7

Access to live webinars & recordings

70,000+

Trusted by Legal Professionals

MCLE Credits

Alabama
Pending
Alaska
Approved
Arizona
Approved
Arkansas
Approved
California
Approved
Colorado
Approved
Connecticut
Approved
Delaware
Pending
District of Columbia
No Required
Florida
Approved
Georgia
Approved
Hawaii
Approved
Idaho
Pending
Illinois
Approved
Indiana
Approved
Iowa
Approved
Kansas
Pending
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