Fundamentals of Spousal Lifetime Access Trust planning.
Estate planning has progressed well beyond the basic will and powers of attorney. Use of trusts permit detailed and comprehensive planning. Of course, there are many purposes and types of trusts that can be immediately funded during the lifetime of the property owner that will both shield the assets against creditors and still permit a married couple to enjoy the use and income from property. This can be accomplished in every state, not just those domestic assets protection trust states (DAPT states) that permit self-settled trusts. Trusts that name the spouse as the beneficiary (and even with the spouse as trustee to retain control of the property) can be immune from creditors of both spouses. In addition, trusts can be designed to avoid estate tax as well as be surprisingly adaptable and changeable. The topic and materials will describe the issues, opportunities, and methods to maximize the use of trusts to accomplish the above, and sidestep the many pitfalls that could defeat a well-intentioned plan.
Agenda
Faculty
Les Raatz
Dickinson Wright PLLC
- Member of the law firm of Dickinson Wright PLLC in Phoenix
- Practices primarily in the areas of estate planning, probate and trust administration, divorce tax and asset planning, and entity structuring, and taxation
- Has significant experience representing thousands of business clients and their families in connection with estate and tax planning
- National author and speaker at numerous seminars on areas of income, estate and gift taxation, probate and trust issues, and selection of business entities, and has been engaged as an expert witness in numerous tax and estate and trust related matters
- Listed as Best Lawyers “Lawyer of the Year – Trust and Estates” in Phoenix for 2016, 2018 and 2020; also listed in Southwest Superlawyers in the fields of tax, estate planning & probate, estate & trust litigation and listed in Chambers and Partners - high net worth field
Gregory V. Gadarian
Gadarian & Cacy, PLLC
- Partner in Gadarian & Cacy, PLLC in Tucson, Arizona
- Has been admitted to the State Bar of Arizona and the State Bar of Florida
- From 1978 - 1980 he was a legislation attorney on the staff of the Joint Committee on Taxation, U.S. Congress
- Prior to that, he was an attorney-advisor to Judge Cynthia H. Hall of the U.S. Tax Court
- Former chair of the Fiduciary Income Tax Committee and former Arizona State chair of the American College of Trust and Estate Counsel, and is an adjunct professor at the University of Arizona College of Law
- L.L.M. degree in taxation, New York University; J.D. degree, cum laude, Northwestern University School of Law; B.A. degree, Northwestern University
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