The Beneficiary Flexible Trust (from Annual Advanced Estate Planning 2014) (Online Seminar)

MCLE Credits: 1.0
Ethics Credits Included: 0.0

MCLE Credit: 1.0 (Ethics: 0.0)
Live-Interactive Credit: 0.0
Price: $70 (Includes a downloadable audio version.)
Viewable Through: 5/31/2017


A pre-recorded streaming VIDEO replay of one session from the May 2014 live seminar, 35th Annual Advanced Estate Planning and Administration Seminar.

By definition, the purpose of a trust arrangement is to limit freedom and impose constraints on the use and enjoyment of property. Trusts can produce sub-optimal results if the terms are too flexible or too inflexible. The purpose of this presentation is to posit a trust in which the goal is to give the greatest degree of flexibility to the beneficiary while still achieving the objectives of (i) removing the property from the gross estate of both the settlor and beneficiary; (ii) allowing the beneficiary to control distributions; (iii) protecting trust property from creditors’ claims; (iv) protecting trust property from spousal claims; (v) allowing the beneficiary to control investments; and (vi) minimizing administrative and fiduciary obligations while the beneficiary serves as trustee. The presentation will cover the various situations that might call for the Beneficiary Flexible Trust and how to balance flexibility and constraint to achieve the best results.


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John F. Bergner, Winstead, P.C / Dallas, TX

John F. Bergner is a shareholder in the Dallas, Texas office of Winstead PC. Mr. Bergner has been with Winstead for more than 28 years and serves as chairman of the wealth preservation practice group. Mr. Bergner is a specialist in estate planning and probate law certified by the Texas Board of Legal Specialization. His practice involves complex tax, estate, and business succession planning, as well as administration of estates. He earned a B.B.A. and J.D. form Washburn University and an M.L.T. from Georgetown University Law Center.

Mr. Bergner is active in the American Bar Association and is the current Chair of the Continuing Education Committee and past Chair of the Estate and Gift Tax Committee of the ABA’s Tax Section. He is a Fellow of the American College of Trust and Estate Counsel. He has lectured at numerous tax and estate planning seminars and is a visiting adjunct professor at the University of Miami Law School. He serves on the Editorial Board of the Practical Tax Lawyer.


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