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Why Our Trusts Are Different than All Other Trusts



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Gassman, Crotty & Denicolo, P.A. have been developing their trust forms since 1984, and have accumulated and assembled a great many provisions and structures within revocable and irrevocable trusts that can be of great use to practitioners in all states. In their exclusive LISI Webinar, Alan and Chris have agreed to share over 30 pages of forms and clauses that can have great utility for planners, and facilitate more opportunities to serve clients and to provide customized features that will be much appreciated. 

Key takeaways from their webinar are as follows: 

·      Safety latch and Ulysses provisions to prevent a revocable trust from being amended without consent of trusted individuals or physician clearance;

·      Provisions to discourage troublesome beneficiaries from challenging trust provisions or pursing possible causes of action against trustees and advisors;

·      Preventing the horrific situation of client who may have signed a living trust, but not an adequate or working pour-over Will;

·      Clauses that can enable trust and estate lawyers to be selected to serve as fiduciaries by the beneficiaries if and when appropriate;

·      Overflow provisions so that excess contributions to trusts that would cause federal estate tax can instead go to marital or charitable savings trusts;

·      Provisions to provide that a beneficiary of a trust that makes a contribution to it will not have the right to benefit from the assets or income resulting from such contribution;

·      Thorough time-tested language for comprehensive handling of trusts for addicted or special needs beneficiaries;

·      Scrivener protector provisions which enable a drafting law firm to correct ambiguities and clerical or other errors without court involvement or consent of troublesome beneficiaries; 

·      Effective Trust Protector and trust advisor language, and limitations that must be placed on powers given to Trust Protectors for income and other tax-planning purposes.

 

·      Language to allow for forced inclusion to generate a step-up in income tax basis in situations where the estate tax is not a concern.



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Alan S. Gassman, J.D., LL.M., is a partner in the law firm of Gassman, Crotty & Denicolo, P.A., and practices in Clearwater, Florida. He is a frequent contributor to LISI, and has published numerous articles and books in publications such as BNA Tax & Accounting, Estate Planning, Trusts and Estates, Interactive Legal and Haddon Hall Publishing. The Alan Gassman Channel at Interactive Legal has recently opened, and features many books and resources, including many Florida and Federal based materials, forms and resources. He is also the Moderator for Bloomberg BNA's 2017 Estate Planning Webinar Series. On February 24th Alan and his partners Christopher Denicolo and Ken Crotty will present a Bloomberg BNA Webinar at 12:30 EST on Innovative Trust Planning for Uncertain Times.

Christopher Denicolo, J.D., LL.M., is a partner at the Clearwater, Florida law firm of Gassman, Crotty & Denicolo P.A., where he practices in the areas of estate tax and trust planning, taxation, physician representation, and corporate and business law. He has co-authored several handbooks that have been featured in Bloomberg BNA Tax & Accounting, Steve Leimberg's Estate Planning and Asset Protection Planning Newsletters and the Florida Bar Journal. is also the author of the Federal Income Taxation of the Business Entity Chapter of the Florida Bar's Florida Small Business Practice, Seventh Edition Mr. Denicolo received his B.A. and B.S. degrees from Florida State University, his J.D. from Stetson University College of Law and his LL.M. (Estate Planning) from the University of Miami.



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