Do You Know the Difference Between a
Well-Drafted and Poorly-Drafted
IRA Beneficiary Trust?

(And How Do You Advise Your Clients With Sizeable IRAs
and Draft for Them
After the SECURE Act?)

Are you drafting (or thinking about drafting) IRA Beneficiary Trusts without knowing about the many technical issues and traps?

The new “10-Year Payout” rule created by the SECURE Act for inherited IRAs appears on its surface, to be quite simple.  But, a deeper dive into this new law reveals great complexity - - both in what planning advice is best for each client and then implementing that planning through trust and beneficiary form drafting.

If you’re an estate planning attorney, and you have clients with IRAs of between $200,000 to $1 million (or more), you will definitely want to join two of the nation’s leading authorities on IRA planning and drafting beneficiary trusts, attorneys Philip J. Kavesh and Ed Morrow, for this special presentation entitled, “The Traps & Tricks of Drafting IRA Trusts & Beneficiary Forms After the SECURE Act”.

In this 90-minute program you will learn:

  • How do you draft an accumulation trust to both maximize income tax savings and asset protection?
    • Using discretionary “HEMS” language with special “directions”?
    • Using Limited Powers of Appointment, with special “directions?”
    • What about adding “BDOT” withdrawal powers?
  • For any beneficiaries that may still qualify for stretchout, how do you draft “EDB sub-trusts” to achieve maximum tax savings and asset protection?
    • What are the special multiple beneficiary trust rules you need to address and how?
  • What other beneficiary trust provisions now need to be revised and how?
  • What special “flex” provisions (such as “Trust Protector” and “Toggle Switch” language) should you now put in a Living Trust or standalone Beneficiary Trust to adapt to later IRS guidance, as well as changed circumstances and needs of individual beneficiaries?
  • How should your clients update their BDF forms?
  • And much more, including some helpful model trust and form language!

This presentation is chock full of practical, “down-in-the-trenches” information that you will able to use right away in your practice to better service your clients.

Your purchase includes: Downloadable PDF handout materials and MP3 audio recording. A PDF transcript may be added on for an additional fee during the checkout process.

Edwin P. Morrow III

J.D., LL.M., MBA, CFP®, CM&AA®
Edwin P. Morrow III

Ed is currently the Regional Wealth Strategist for the eastern U.S. for U.S. Bank’s Private Wealth Management, where he concentrates on thought leadership and planning ideas for high net worth clientele in tax, asset protection and estate planning areas. Previously, he was a Director in Key Private Bank’s Family Wealth Advisory Group, analyzing tax, trust and estate planning needs of ultra high net worth clients of Key Private Bank nationwide in conjunction with local teams of credentialled financial planners, trust officers, investment specialists and private bankers.

Ed was previously in private law practice working in taxation, probate, estate and business planning. Other experience includes research and writing of legal memoranda for the U.S. District Court of Portland, Oregon as a law clerk. He is a Fellow of the American College of Trust and Estate Counsel (ACTEC). He is a Board Certified Specialist (through the Ohio State Bar Assn) in Estate Planning, Trust and Probate Law, a Certified Financial Planner (CFP) professional and a Certified Merger & Acquisition Advisor (CM&AA). He is also a Non-Public Arbitrator for the Financial Industry Regulatory Authority (FINRA) and a member of the Editorial Advisory Board of the Probate Law Journal of Ohio.

Ed is a frequent speaker at CLE/CPE courses on asset protection, tax and financial and estate planning topics, and recently co-authored, with Stephan Leimberg, Paul Hood, Martin Shenkman and Jay Katz, the 18th Edition of The Tools and Techniques of Estate Planning, a 997-page practice-based resource on estate planning.

Education:

  • Bachelor of Arts (B.A.), History, Stetson University
  • Juris Doctorate (J.D.), Northwestern School of Law at Lewis & Clark College
  • Masters of Law (LL.M.) in Tax Law, Capital University Law School
  • Masters of Business Administration (MBA), Xavier University

Professional Accreditations:

  • Licensed to practice in all Ohio courts, U.S. District Court of Southern Ohio and U.S. Tax Court
  • Board Certified Specialist  through Ohio State Bar Association in Estate Planning, Trust and Probate Law
  • Certified Financial Planner (CFP®), Certified Merger and Acquisition Advisor (CM&AA®)
  • Non-Public Arbitrator for the Financial Industry Regulatory Authority (FINRA)

Philip J. Kavesh

J.D., LL.M. (Taxation), CFP®, ChFC, California State Bar Certified Specialist in Estate Planning, Trust & Probate Law
Philip J. Kavesh

Philip J. Kavesh is a nationally recognized attorney, authority, speaker, educator and technical innovator in estate planning.

Phil has earned significant recognition and accolades over his approximately 33 years of practice as an estate planning attorney. Phil holds a Master’s Degree (LL.M.) in Tax Law and is a California State Bar Certified Specialist in Estate Planning, Trust and Probate Law. He also has been awarded the Certified Financial Planner and Chartered Financial Consultant designations. Phil has served his fellow estate planning and financial professionals by teaching in the Golden Gate University Graduate Tax Degree and Certified Financial Planner programs. Phil was also selected by his peers and served on their behalf as the California Legislative Liaison for the International Association of Financial Planners and has represented the estate planning attorney community in testifying before State legislative committees seeking to regulate the estate and financial planning professions and to eliminate “trust mills”. In fact, several of the practice forms and client disclosure pieces created by Phil have been incorporated into new legislation and regulations. Furthermore, Phil was one of three attorney co-founders of the American Academy of Estate Planning Attorneys.  He has also been an honorary member of the National Network of Estate Planning Attorneys and is an active member of WealthCounsel.

Phil has been recognized and quoted as an estate and tax planning authority in numerous national, prestigious publications, including Money Magazine, Investors Daily, Personal Finance Magazine, Los Angeles Times, Los Angeles Business Journal, Consumer Reports Magazine, Journal of Retirement Planning, Ed Slott’s IRA Newsletter, Investment Advisor Magazine, Life Insurance Selling, and PacQuarterly. He has appeared on several television and radio programs and his weekly TV show, “Preserve Your Estate”, was broadcasted on local Los Angeles TV for over six years.

Additionally, Phil has created or co-created numerous technical advances in estate planning, including the Personal Asset TrustSM and the IRA Inheritance Trust®. His unique legal documents have been licensed to hundreds of attorneys all across the country, through his company, The Ultimate Estate Planner, Inc.  He has also authored or co-authored several outstanding consumer publications including “The Ten Biggest Mistakes People Make When Setting Up a Living Trust”, “The Top Ten Estate Planning Mistakes Wealthy People Make”, and “21st Century Wealth”.

Even more impressive are Phil’s accomplishments as a speaker and educator of the public and his professional peers. Phil has personally presented over 2,000 seminars on estate, tax and financial planning to the general public, to various major corporations and their employees, and to CPAs, financial planners and attorneys.  His renowned seminars have been duplicated and sold to thousands of estate planning professionals and financial advisors in the U.S. and Canada.  Phil has devoted substantial efforts to improving the standards in the estate planning and financial planning industries by personally training over 4,000 attorneys and financial planners.

IMPORTANT NOTICE REGARDING CE CREDIT

The Ultimate Estate Planner, Inc. and the presenter are not registered Continuing Education Sponsors and this program is not pre-approved for continuing education credit for any state or regulatory agency.

However, please note that each program includes a Certificate of Completion and, depending on the license and the regulatory agency for which governs a participant’s CE credit, some professionals may be able to self-report his or her participation and receive credit. It is the responsibility of the participant to complete any process necessary to seek self-reported CE credit for his or her participation. By registering for a teleconference (or purchasing on On-Demand program), you understand that CE credit is not guaranteed or warranted by the presenter or The Ultimate Estate Planner, Inc.

Reviews

  1. Linnea Levine, Attorney

    Great program! I give it a 10! Easy to follow handouts!

  2. Cheryl Sanfilippo, CPA

    Great presentation! Right on point!

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2-Part Series: What Every Attorney Needs to Know to Advise Clients and Draft Under the SECURE Act

This program is Part 2 of a special 2-part series.  You can purchase each program individually or together for an additional discount.