Benefits
Think of how far society and trusts have evolved in just the last 100 years. How can we anticipate what changes lie ahead of us from both a tax and nontax perspective? Is the movement toward multigenerational trusts pushing the planning horizon many years past the point most estate planners were trained to envision? This teleconference will identify those unintended consequences and discuss how designing a trust with a trust protector, or an equivalent role and function, can protect against or deal with many of those problems. We will discuss the pioneering concept of rigid flexibility, offer illustrations of eight potential situations where a trust protector could be extremely helpful, and explain the difference between a fiduciary and nonfiduciary role for the trust protector. Finally, you will learn who the ideal candidate is to be your client's trust protector, and what qualifications and criteria might be used to find that individual or entity. Agenda
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Why a Trust? Why a Trust Protector? |
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The History of the Role of Trust Protectors |
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- Common Law Origin
- Domestic Statutes
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Brief Introduction to the Possible Purposes for the Role of the Trust Protector |
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- Decanting and the Power to Amend
- The Hot Potato (Tough Love) Decisions
- The Bad Cop or Babysitter Role
- The Solomonic Role
- To Terminate or Not to Terminate
- Removing and Replacing
- Exercising Tax Sensitive Powers
- Remodeling
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Is It a Bird? Is It a Plane? No, It's a Trust Protector |
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- What Size or Shape Do You Want Your Trust Protector In?
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The Fiduciary Model Please |
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Is He or Is He Not? The Trust Protector as a Fiduciary |
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I'd Like My Trust Protector in a Nonfiduciary Teflon Coating |
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If the Trust Protector Isn't a Fiduciary, Can Liability Stick? |
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- Who Is That Masked Trust Protector?
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The Dormant (On Call) Trust Protector vs. the Always Defending Against Evil Trust Protector |
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The Advantages of Inactive Status From the Trust Protector's Standpoint |
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The Pros and Cons of Inactive Status From the Trust Standpoint |
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Who Makes the Ideal Trust Protector? |
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- A General Word on Qualifications and Eligibility
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The 'I Want You to Be Close to My Family but Not Too Close' Problem |
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Where Did You Say That School for Trust Protectors Was? |
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Can and Should the Role of the Trust Protector Evolve Over Time? |
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Who Watches the Trust Protector? |
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- What Is a Protective Committee?
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How Do the Trustee and Trust Protector Interface? |
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- Does the Trustee Have a Duty to Review the Actions of the Protector or the Exercise of the Protector's Powers?
- Should a Trustee Follow a Protector's Direction Which Is Patently Improper Though Technically Within the Protector's Powers?
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Is the Trust Protector Subject to Court Supervision? |
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The Tax Man Cometh! What Are the Tax Implications of the Role of Protector? |
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Forms and More Forms |
Faculty
John A. Warnick, Esq., Law Office of John A. Warnick
John A. Warnick, Esq.
- Founder of the Purposeful Planning Collaboration in 2009, an advisory organization which supports estate planning attorneys, financial planners, CPAs, trustees, wealth psychologists and family business consultants who want to not only offer the best technical advise to their clients but also provide best practices to make sure clients are passing much more than money on to their heirs and the impact of the family’s affluence will be a positive force in the lives of the next generations
- Emphasizes multigenerational trust and tax planning
- Balances enthusiasm for tax savings with insightful questions, insuring the planning is congruent with the client’s core values and vision
- Trains lawyers, financial planners, trustees and wealth managers in the Seven Secrets of Purposeful Trusts™ and the Six Paradigms of Purposeful Planning
- Previously a partner with Holme Roberts & Owen LLP and chaired the Private Client Service Group
- Fellow of the American College of Trust and Estate Counsel, member of Attorneys for Family Held Enterprises and Advisors in Philanthropy, chairman of the Go For It! Foundation, member of the Board of Elders of the Collaboration for Family Flourishing and on the advisory board of the Family Building Institute
- Assisted numerous families in choosing the most favorable trust situs for the tax and nontax objectives of existing trusts as well as in designing and drafting new trusts which have the flexibility to adapt to changing legal and tax climates
- Worked with a team of nationally recognized family wealth coaches and psychologists to explore the intersection of wealth and emerging adulthood
- Pioneered new trust distribution and governance models which assist trust makers and trustees in their quest to assure that wealth contributes to positive growth in the lives of heirs and beneficiaries
- Author of two Bureau of National Affairs Tax Management portfolios
- Co-editor of a book on best practices for trusts and large gifts titled The Generative Trust, and Trustee and Trust Advisor, and is working on two other books titled The New Vocabulary of Family Wealth and Beyond Ethical Wills – The Secrets of Creating Purposeful Trusts
- B.A. degree, Brigham Young University
- J.D. degree, George Washington University
- Can be reached at johna.warnick@gmail.com
Continuing Education Units
- CBC
- CFP
- CLE (Please check the "Detailed Credit Information" page for states that have already been approved)
- CPE
- Enrolled Agents
- Additional credit may be available upon request. Contact Lorman at 866-352-9540 for further information.
Detailed Credit Information
Additional credit may be available upon request. Please call 1-866-352-9540 for more information. Only registered attendee will receive continuing education credit.
Who Should Attend
This teleconference is designed for accountants, CPAs, attorneys, controllers, CFOs, presidents, vice presidents, trust officers, bankers, financial and estate planners, insurance professionals and enrolled agents.
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