Not every irrevocable trust ends up serving its intended purpose or is financially viable. Many unforeseen events can occur – laws change, deep conflicts arise among beneficiaries, there’s deep downturn in the general economy or markets, or in an specific industry in which the trust is heavily invested. In these and many other circumstances trusts are broken and need to be “fixed” – fiduciary powers adjusted, distributions balanced, trusts divided or merged, or even terminated early.
Wednesday, January 3, 2018
12:00 PM - 1:00 PM CT
Nebraska Activity #151981, 1.0 hours CLE (Distance Learning)
Not every irrevocable trust ends up serving its intended purpose or is financially viable. Many unforeseen events can occur – laws change, deep conflicts arise among beneficiaries, there’s deep downturn in the general economy or markets, or in an specific industry in which the trust is heavily invested. In these and many other circumstances trusts are broken and need to be “fixed” – fiduciary powers adjusted, distributions balanced, trusts divided or merged, or even terminated early. The process of accomplishing these fixes are necessarily limited and come with risks, including tax liability and potentially liability to future beneficiaries. This program will provide you with a practical guide to techniques for fixing broken irrevocable trusts. Original speakers will be available for questions.
Benjamin S. Candland is a partner in the Richmond, Virginia office of McGuireWoods, LLP, where his practice focuses on estate planning, administration, estate and gift taxation, and litigation. He provides individual clients with advice on various estate planning matters involving estate, gift, and generation-skipping transfer taxes. He is a member of the ABA Real Property and Probate Section and the Virginia Bar Association Trusts and Estate Section. Mr. Candland received his B.A. from Brigham Young University and his J.D. from the College of William and Mary School of Law.
- Why trusts become broken – beneficiary conflicts, changing law, changing economy/markets
- Modifying irrevocable trusts – material v. non-material terms
- Dealing with principal and income distribution issues and problems
- Merger and division of irrevocable trusts
- Early termination of trusts
- Permissibility and practical uses of “decanting” broken trusts
- Avoiding pitfalls – liability to future beneficiaries and tax concerns
Stephen W. Murphy is an attorney in the Charlottesville, Virginia office of McGuireWoods, LLP, where his practice concentrates primarily on estate planning, trust and estate administration, real estate, and business law. He is a lecturer-in-law at the University of Virginia School of Law where he teaches trust and estate administration and professor of law at Washington & Lee University School of Law where he teaches statutory interpretation. Mr. Murphy received his B.A. from the University of Maryland, his M.Phil. from the University of Cambridge, his PhD from University of Virginia, and his J.D. from the University of Virginia School of Law.
To Register:Cost $89.00
- Click on above link
- Click “Login to add to cart” button at the bottom of the program page
- This will take you to the log in page, FIRST time users will need to create a user name and password that is separate and distinct from any information you may have used for the Nebraska State Bar website
- Please be sure to use the attorney name and contact information of the person who is to receive the CLE credit
- Once completed click “Update & Proceed to Payment”
- The final step is to click “Submit Payment”
- At this point you will receive an email confirmation of the purchase
- The day before the Program you will receive the dial in information and program materials
- We will submit the program participation information to the Nebraska State Bar Association within 48 hours of the program completion
If you need additional information on your CLE credits please contact:
Amy Prenda, Nebraska State Bar Association
(402) 475-7091 ext # 131; firstname.lastname@example.org