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Back Door SLATs – Issues When the Grantor Becomes a Beneficiary or Appointee

March 27, 2023 @ 4:00 pm 5:30 pm EDT

Jonathan G. Blattmachr Esq., Edwin P Morrow III Esq. and Martin M. Shenkman Esq.
Backdoor SLATs

Spousal Lifetime Access Trusts (“SLATs”) are ubiquitous in estate planning. As clients plan to use the exemption before it is reduced by half in 2026, the issue of access to SLAT assets is key. Those with sufficient wealth may avoid any form of access. But for most clients some type of access is essential to assure that their financial position remains secure in future years. Thus, SLATs are a balancing act. Sufficient access should be provided (and that is not a simple determination) but each additional means of access creates some additional, though unmeasurable, risk of estate inclusion and reach by creditors. This webinar will explore this key SLAT and estate planning challenge.

  • How do the UTC §505(a)(2), common law rules, the Restatement, and various state statutory fixes to Inter vivos QTIPs (and sometimes SLATs) impact this analysis?
  • What about the impact on access versus estate inclusion/creditor risk of Hybrid-DAPTs, Power Trusts, SPATs, or a trust protector’s ability to add grantor as beneficiary on this analysis?
  • IRC §2036 is always a factual issue, be it DAPT or other vehicle. What should practitioners consider?
  • What about divorce concerns and the use of a “floating spouse”?
  • What other ways can SLAT benefits be undermined?
  • What about grantor trust tax reimbursement clauses?
  • Can a trustee go back to inception?

Continuing Education Credits

InterActive Legal is not an approved Continuing Education (CE) Sponsor. However, several states and regulatory agencies for a variety of professionals that participate on our teleconferences may still receive continuing education credit for their participation. If a participant wishes to receive CE credit for their participation in these teleconferences, they must apply to receive credit on their own and through their individual states and regulatory authorities. It is the responsibility of the participant to file for CE credit and is not guaranteed by the webinar sponsors.

Webinar Sponsors

Mr. Blattmachr is a Principal in ILS Management, LLC and a retired member of Milbank Tweed Hadley & McCloy LLP in New York, NY and of the Alaska, California and New York Bars. He is recognized as one of the most creative trusts and estates lawyers in the country and is listed in The Best Lawyers in America. He has written and lectured extensively on estate and trust taxation and charitable giving.

Mr. Blattmachr graduated from Columbia University School of Law cum laude, where he was recognized as a Harlan Fiske Stone Scholar, and received his A.B. degree from Bucknell University, majoring in mathematics. He has served as a lecturer-in-law of the Columbia University School of Law and is an Adjunct Professor of Law at New York University Law School in its Masters in Tax Program (LLM). He is a former chairperson of the Trusts & Estates Law Section of the New York State Bar Association and of several committees of the American Bar Association. Mr. Blattmachr is a Fellow and a former Regent of the American College of Trust and Estate Counsel and past chair of its Estate and Gift Tax Committee. He is author or co-author of eight books and more than 500 articles on estate planning and tax topics.

Among professional activities, which are too numerous to list, Mr. Blattmachr has served as an Advisor on The American Law Institute, Restatement of the Law, Trusts 3rd; and as a Fellow of The New York Bar Foundation and a member of the American Bar Foundation.

Edwin Morrow

Ed is currently a regional wealth strategist for Huntington Bank Private Wealth Management, analyzing tax, trust and estate planning needs of high net worth and ultra high net worth clients.

Formerly he had similar positions with U.S. Bank Private Wealth and KeyBank's Family Wealth Advisory Group.  Prior to that he was in private law practice, concentrating in the estate planning, probate, tax and trust areas. 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 Board Certified Specialist (Ohio State Bar Assn) in Estate Planning, Trust and Probate Law, a Fellow in the American College of Trust and Estate Counsel, a Certified Financial Planner (CFP) and a Certified Mergers and Acquisitions Advisor (CM&AA). He is also a Non-Public Arbitrator for the Financial Industry Regulatory Authority (FINRA).

Ed is a frequent speaker at CLE/CPE courses on asset protection, tax, and various financial and estate planning topics and is a co-author of the 19th Edition of the Tools and Techniques of Estate Planning, along with distringuished co-authors Steve Leimberg and Paul Hood.

Martin Shenkman

Martin M. Shenkman is an attorney in private practice in Fort Lee, NJ, and New York City.  His practice concentrates on estate and tax planning, planning for closely held business, and estate administration.  Mr. Shenkman is an author of over 42 books and more than 1,000 articles.  He is an editorial board member of Trusts & Estates Magazine and the Matrimonial Strategist, and an advisor for InterActive Legal.  He is the recipient of many awards including being a 2013 recipient of the prestigious Accredited Estate Planners (Distinguished) award from the National Association of Estate Planning Counsels.  Mr. Shenkman was named Financial Planning Magazine 2012 Pro-Bono Financial Planner of the Year for his efforts on behalf of those living with chronic illness and disability.  Investment Adviser Magazine featured him on the cover of its April 2013 issue naming as the lead of their “all-star lineup of tax experts.”

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