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Incentive Trusts in Estate Planning: Promise and Peril (Teleseminar)
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Incentive Trusts in Estate Planning: Promise and Peril (Teleseminar)

1 CLE hour

When: 10/15/2014
1:00 PM to 2:00 PM
Contact: (404) 521-0781

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One-hour CLE programs are just a phone call away
Convenient, affordable, timely and informative
An 800 number connects you to nationally recognized practice leaders who will speak on important issues and emerging trends in the law. You can also pose your own questions to the speakers. Written materials and other details are emailed in advance to pre-registrants.

Incentive Trusts in Estate Planning: Promise and Peril - 1 CLE hour

Incentive trusts are a mechanism by which the settlor tries to “incentivize” or control the behavior of beneficiaries.  Settlors may want to encourage children or grandchildren to achieve certain educational milestones, maintain a job, get married or have children, or remain free of substance abuse or other risky behaviors. A beneficiary’s attainment of these behavioral benchmarks triggers certain distributions. In a sense, it is an estate planning mechanism for awarding settlor cash for good beneficiary behavior.  But there are serious limits. There are the limits of what the law will allow a settlor to demand of a beneficiary or a trustee to enforce.  There are also practical limits, including how to objectively judge a beneficiary’s behavior when making distributions.  Incentive trusts are decidedly a mixed bag. This program will provide you with a real-world guide to drafting incentive trusts, counseling clients about their effectiveness and limits, and understanding what the law will (or won’t) allow.  
Uses and limitations – practical and legal – of incentive trusts 
Types of incentive trusts – and rates of success or failure in achieving settlor goals
Increasing the enforceability of incentive trusts – and what’s not enforceable
Structuring incentives so they can be objectively measured and administered by trustees
Drafting distribution provisions 
Alternatives to incentive trusts, including “principle trusts”
Counseling clients about downsides of incentive trusts


John A. Warnick
is an attorney and wealth counselor in Denver, Colorado, with a national estate and trust planning practice. He is widely recognized for his counseling of high net worth families on purposeful giving, the process of not only transferring wealth but creating a lasting legacy. He is also the managing collaborator of the Purposeful Planning Institute and a wealth consultant with Family Wealth and Transition Solutions.  Mr. Warnick is a Fellow of the American College of Trust and Estate Counsel and formerly practiced law with Holme, Roberts & Owen, LLP in Denver.  He received his B.A. from Brigham Young University and his J.D. from The George Washington University Law School.

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