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Calendar

9/29/2016
Estate Planning for Liquidity (Telephone)

9/30/2016
Ethics, Remote Networks, the Cloud, Smartphones & Working from Anywhere (Telephone)

10/3/2016
Fantasy Supreme Court League 2016 (Webinar)

10/4/2016
Indemnification Provisions in Contracts (Telephone)

Drafting Trust Distribution Clauses: Health, Education & Maintenance (Telephone)
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One of the most problematic areas of trust planning is defining the distribution powers of a trustee. Drafting broad discretionary distribution powers or tightly defined powers each come with their own challenges. Broad discretionary powers are the often the source of dispute and litigation as beneficiaries challenge trustee decisions.

6/1/2016
When: Wednesday, June 1, 2016
12:00 PM - 1:00 PM

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MCLE Accreditation
Nebraska Activity #124841, 1.0 hour CLE

One of the most problematic areas of trust planning is defining the distribution powers of a trustee. Drafting broad discretionary distribution powers or tightly defined powers each come with their own challenges. Broad discretionary powers are the often the source of dispute and litigation as beneficiaries challenge trustee decisions.  Tightly defined powers, however, often fail to accommodate changing circumstances – economic, tax, life circumstances of beneficiaries – becoming too inflexible to be functional. Incorporation of “HEM” – or health, education and maintenance – standards is helpful but still fall short of providing a clear guide to trustees and being dispute-proof.  This program will provide you with a real-world guide to drafting distribution clauses in trust documents, the practical tradeoffs and risks of each approach, and common traps to avoid. 

  • Drafting distribution provisions in trusts – tradeoffs, risks, and traps
  • Statutory and common law framework for discretionary distributions
  • Discretionary powers – how to provide flexibility without fostering disputes
  • Limits and risks of drafting narrow distribution powers – shifting law, economics, and life circumstances
  • Interpreting trust documents to discern objective, measurable standards for discretionary distributions
  • Understanding “HEM” – health, education and maintenance – standards and how they operate in practice
  • Balancing the tension between income beneficiaries and beneficiaries with remainder interests

Daniel L. Daniels is a partner in the Greenwich, Connecticut office of Wiggin and Dana, LLP, where his practice focuses on representing business owners, corporate executives and other wealthy individuals and their families.  A Fellow of the American College of Trust and Estate Counsel, he is listed in “The Best Lawyers in America,” and has been named by “Worth” magazine as one of the Top 100 Lawyers in the United States representing affluent individuals. Mr. Daniels is co-author of a monthly column in “Trusts and Estates” magazine.  Mr. Daniels received his A.B., summa cum laude, from Dartmouth College and received his J.D., with honors, from Harvard Law School.




To Register:
Cost $89.00

http://ne.webcredenza.com/catalog.aspx?browse=ViewProg&catid=22500

  • 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:
Sara Weber, Nebraska State Bar Association
(402) 475-7091 ext # 131; sweber@nebar.com

Nebraska State Bar Association, 635 S. 14th St., Suite 200, Lincoln, NE 68508
(402) 475-7091; Toll Free (800) 927-0117; FAX (402) 475-7098