Wills, Trusts & Estates Prof Blog

Editor: Gerry W. Beyer
Texas Tech Univ. School of Law

Tuesday, May 1, 2012

Course on Beneficiary Flexible Trusts

CLEThe Section of Real Property, Trust and Estate Law of the American Bar Association will sponsor a 90-minute teleconference and live audio webcast on May 16, 2012 entitled The Beneficiary Flexible Trust. A description of the program is below:

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 creditor’s 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.

This 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.


John F. Bergner, Winstead PC, Dallas, TX


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