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Drafting Powers of Appointment in InterActive Legal

March 31, 2023 @ 12:00 pm 1:00 pm EDT

Teresa L. Bush Esq.
Drafting Webinar

Subscriber Drafting Webinars provide continued training on various aspects of using the InterActive Legal software, usually focusing on drafting particular documents or using certain drafting options.  These webinars are free to ILS subscribers. They provide insight and training regarding specific documents and options available within the drafting systems. Subscribers will receive an email outlining the topic of each drafting webinar with instructions for registration.

Webinar Description

Powers of Appointment are one of the most common ways of adding flexibility to an estate plan. Allowing a beneficiary to redirect trust property at death or to direct a distribution from their trust to another person during lifetime can give the beneficiary a sense of control and involvement, and can also permit revisions to an estate plan when circumstances or law changes warrant. The exercise of a power of appointment, and in some cases its mere existence, can trigger tax consequences as well, some of which may be the reason for including the power itself, and others which could be unintended.

This webinar will examine the options available in all InterActive Legal practice systems to add powers of appointment to trusts. Powers of appointment are available in all practice systems, with some additional options in Wealth Transfer Planning that relate to generation-skipping transfer taxation, which we will discuss briefly. We will also cover:

  • Adding and designing lifetime powers of appointment
  • Creating testamentary powers of appointment
  • Which trusts do not have the option for powers of appointment
  • Drafting general vs. limited (or “special”) powers of appointment
  • Selecting the permitted appointees
  • Contingent powers of appointment
  • Hybrid powers for GST planning purposes
  • And more

Don’t miss this bonus training on how to add flexibility to your estate planning documents.

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.

Speaker Bio

Teresa Bush joined InterActive Legal in 2007 and serves as Director of Education and Support Services. Ms. Bush has been licensed to practice law since 1991, and focused her practice exclusively on issues of estate and gift tax planning, probate, charitable planning, and estate and trust administration. She began her practice in a small law firm, planning for clients of all levels of wealth. Thereafter, she practiced for a number of years in the Tax Section of Kelly, Hart and Hallman, P.C. in Fort Worth, Texas, and as an estate and gift tax consultant for the Dallas office of Ernst & Young, in both cases focusing on planning for very high net worth clients. Ms. Bush received her J.D. from the University of Texas School of Law, where she was a research assistant for Professor Stanley M. Johanson. She studied at Edinburgh University and the London School of Economics prior to obtaining a B.A. in Economics and Political Science from Rice University in Houston. While studying abroad, she worked as an intern for a Member of Parliament in the British House of Commons. Ms. Bush taught legal research and writing as a Teaching Quizmaster in law school, and later taught estate planning extension courses for American College of Financial Services CLU candidates. She has presented several online webinars on estate planning and drafting topics, and is the author or co-author of a variety of estate planning articles.

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