Trusts 101- Bozeman, MT December 6, 2019


JASON HARBY is an attorney with St. Peter Law Offices P.C., in Missoula. Mr. Harby’s practice emphasizes general estate planning, as well as federal estate tax, gift tax, and generation skipping transfer tax planning; estate and trust administration; entity formation and taxation; business planning; low income housing tax credit projects; corporate and commercial transactions; employee benefits; general tax planning; and tax controversies and procedure. Mr. Harby earned his undergraduate degree from the University of Montana, his J.D. degree from Montana School of Law, and his Masters of Law in taxation (LL.M.) degree, with honors, from the University of Washington School of Law.

Program Description

Provide your clients with the full spectrum of wealth preservation options.

When assessing complex information, it often helps to break items into basic building blocks. The same approach can be successful when dealing with asset protection. Be prepared for specific challenges associated with various types of trusts by understanding their unique characteristics. Our intensive full-day primer will provide you with a comprehensive overview of the wide variety of trusts available. Register today!

  • Determine what role the settlor will play by weighing the pros and cons of establishing an irrevocable trust over a revocable trust.
  • Learn what not to do when selecting and drafting a revocable trust to avoid common mistakes.
  • Learn how to choose the most beneficial vehicle for preserving your client’s wealth: understand the purpose behind the various types of irrevocable trusts.
  • Explore the powers and duties of personal representatives in irrevocable trusts.
  • Save money on taxes with effective use of defective trusts.
  • Learn why it’s important to know when to file the tax return for grantor trusts.
  • Determine whether a client qualifies as a beneficiary of a special needs trust.
  • Don’t reinvent the wheel – modify our sample trust documents and use our drafting tips to create airtight trusts.

Who Should Attend

This basic level seminar is designed for the professionals involved in creating, administering and terminating trusts:

  • Attorneys
  • Accountants and CPAs
  • Trust Officers
  • Financial Planners
  • Tax Professionals
  • Paralegals

Course Content

  1. Where to Begin? – An Overview of Trusts
  2. Revocable Living Trusts
  3. Trusts Used for Tax Reduction
  4. Grantor Trusts
  5. Estate Planning for the Disabled
  6. Ethical Considerations

Agenda / Content Covered

    8:30 – 9:40, Jason Harby
    1. Main Terms Defined
    2. Major Laws Governing Creation and Administration of Trusts
    3. Who Are the Main Parties? Their Duties and Responsibilities to a Trust
    4. Revocable vs. Irrevocable
    5. Determining Your Client’s Planning Needs
    6. Reasons for Drafting a Trust
    7. Deciding Which Type of Trust to Use
    9:55 – 11:05, Jason Harby
    1. Traditional Estate Planning vs. Revocable Trust Planning
    2. Credit Shelter Trusts
    3. Marital Deduction Trusts
    4. Qualified Terminable Interest Trusts (QTIPs)
    5. Funding the Trust
    6. Drafting Tips and Samples
    7. Common Mistakes to Avoid
    8. Tax Consequences
    11:05 – 12:10, Drew Moore Gaertner
    1. Charitable Remainder Trusts
    2. Qualified Domestic Trusts
    3. Qualified Personal Residence Trusts (QPRTs)
    4. Defective Trusts
    5. Education Trusts for Children and Grandchildren
    6. Generation Skipping Trusts
    7. Funding the Trust
    1:10 – 2:20, Drew Moore Gaertner
    1. What Grantor Trusts are Used for
    2. Types of Grantor Trusts
    3. Provisions Triggering Grantor Trust Status
    4. Funding the Grantor Trust – Who is the Grantor?
    5. Drafting Tips and Samples
    6. Taxation Considerations – When to File the Return?
    7. Administrative Power
    2:35 – 3:40, Thomas J. Stusek
    1. The Types of Special Needs Trusts and Their Specific Purposes
    2. Who Can be the Beneficiary
    3. Drafting Tips and Samples
    3:40 – 4:40, Thomas J. Stusek
    1. Who is Your Client?
    2. Confidentiality in Third Party Communications
    3. Assessing the Client’s Capacity
    4. Avoiding Fraudulent Transfers

Continuing Legal Education
MT CLE – 6.50

including – Ethics: 1.00

Approved for 6.50 hours of CLE credit by the Montana Commission on Continuing Legal Education, including 1.0 hour of ethics.


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