The Optimal Basis Increase Trust (“OBIT”) Legal Form & Clauses Package
Turn Capital Gains Into Planning Opportunities with the OBIT Strategy
Thanks to the Tax Act of 2010, the “permanent” estate tax exemption has shifted many clients’ focus away from estate tax planning. Today, with higher income tax rates and the additional tax on net investment income, clients are far more concerned with minimizing capital gains taxes.
That’s where the Optimal Basis Increase Trust (“OBIT”) comes in.
This powerful estate planning strategy offers the best of both worlds: it preserves the traditional benefits of A-B or Irrevocable Trusts while also allowing for a step-up in basis for trust assets at the death of the trustmaker or beneficiary. This can significantly reduce — or even eliminate — capital gains taxes.
What This Means for Your Practice
As an estate planning attorney, you now have a valuable opportunity to update both new and existing A-B Living Trusts and Irrevocable Trusts with the OBIT strategy, offering greater tax efficiency and added value to your clients.
We’re proud to have collaborated with Edwin Morrow, J.D., LL.M., MBA, CFP®, RFC®, to develop a comprehensive package of legal forms and clauses you can immediately use in your practice — all available for a reasonable one-time licensing fee.
Click the “Details” tab to see everything included in this strategic package!
What’s Included in The Optimal Basis Increase Trust (“OBIT”) Legal Forms & Clauses Package?
The OBIT Legal Forms & Clauses Package provides everything you need to incorporate the Optimal Basis Increase Trust strategy into your estate planning practice. Designed for experienced practitioners, this package includes practical drafting tools, technical training, and client-facing marketing materials — all in fully editable Microsoft Word format.
Included in the Package:
✅ OBIT Legal Forms & Clauses
A 28-page modifiable Word document containing all the key clauses and detailed drafting instructions to implement the OBIT strategy with your existing Living Trust documents. (Note: This is not a complete trust form — these are clauses to be integrated into your current drafting system.)
Key provisions include:
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Formula testamentary GPOA with ordering rules and non-adverse party consent
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Formula testamentary GPOA with GST exclusion tracking
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Simple formula GPOAs (with and without ordering rules)
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Sample LPOA language (including Delaware Tax Trap triggers)
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Sample lifetime and collateral powers of appointment
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Decanting language and beneficiary notice templates
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Proposed statute for opt-in Delaware Tax Trap triggering
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Checklist for evaluating existing Irrevocable Trusts for basis step-up opportunities
📘 OBIT Technical Training Outline
A comprehensive 126-page training guide covering the legal theory, tax implications, and planning strategies behind the OBIT trust — perfect for deepening your technical knowledge and ensuring confident implementation.
📣 OBIT Marketing Materials
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A modifiable one-page client flyer explaining the OBIT strategy in simple, compelling language
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A PowerPoint presentation to use with clients, prospects, and professional referral sources
These tools help you clearly communicate the value of OBITs and generate interest in this tax-saving strategy.
🎓 Bonus Educational Content
Two 90-minute recorded presentations by Edwin Morrow, J.D., LL.M., MBA, CFP®, RFC®:
“Everything You Need to Know About Optimal Basis Increase Trusts (OBITs)”
Includes:
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MP3 audio files
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Complete handout materials
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Practical insights directly from one of the nation’s top OBIT experts
Important Notes:
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All forms are provided in Microsoft Word format for easy customization
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This package is not a software program — there are no automated or macro-enabled features
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All materials are digitally delivered
The Optimal Basis Increase Trust (“OBIT”) Legal Form & Clauses Package
Includes: Digital download of the Microsoft Word sample legal clauses, Technical Training Outline, client marketing letter, and 90-minute educational program (including PDF handouts and MP3 audio recording).
SKU OBITDOC
3 MONTHLY INSTALLMENTS OF $331
Just one new engagement will more than return your investment —
and everything else will be pure profit!
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