Learn to properly oversee the administration of a trust or estate while marshalling and distributing assets.
For an estate plan to work, the plan must be properly funded. In this topic, you will learn the thought processes, practical impediments, and solutions to ensure that a client's plan is well-funded. Specifically, we will discuss identifying assets, determining what assets should and should not be funded into a trust, dealing with assets that pass by beneficiary designation, and funding logistically. This material will provide you with an understanding of what is necessary to properly fund a client's estate plan.
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Agenda
What Is Marshalling Assets? (Trust Funding)
- Ascertain the Assets of the Estate
- The Process of Gathering, Organizing, Ranking, and Dispersing Assets in a Manner That Determines Value, Discharges Debt, and Prepares for Distribution Under the Trust Instrument's Instructions
Process of Marshalling Assets
- Marshalling Assets Is Important in Estate Planning (Discussed Below)
- Marshalling Assets Is Also Important in Trust and Estate Administration
- Trustee and Counsel Are Responsible for Marshalling in Trust Administration
- Discussion of Role of Attorney and Role of Client
Why Marshalling Assets Is Important
- If There Is a Trust, It Must Be Funded
- It Is Impossible to Manage the Estate Until the Assets Are Identified and Collected
- Important to Safeguard the Assets Because Sometimes They Tend to 'Walk off' or Disappear After Death
What Assets Should Be Considered
- Discussion of How to Marshal the Following Assets
- Real Estate
- Bank, Savings, Loan Accounts and Securities
- Business Interests
- Insurance and Related Benefits
- Joint Tenancy Assets
- Digital Assets
- Tangible Personal Property
Handling Unusual Assets
- Consider That Some People May Have Hidden Cash or Other Valuables in Odd Places Around Their Homes or in Clothing Pockets
- Access to Safe Deposit Boxes
- Pets? Some People Devise the Pet and Money to Care for the Pet Upon Their Death
- Firearms
Guidelines for Marshalling Assets in an Estate Plan
- Clients Sometimes Forget What Assets They Have - Ask Probing Questions to Try to Uncover Things They May Have Missed
- Encourage the Need for Ongoing Maintenance of the Trust
- Marshalling Assets Can Be Very Time Consuming; Incorporate 'Time Suck' Into Your Fee (If Flat Fee)
Complications and Misunderstandings
- Confusion About Who Does What Between Attorney and Client
- Marshaling Assets Can Be Particularly Complex When Multiple Fiduciaries Are Named to Serve Different Roles
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Credits
OnDemand Course
This course was last revised on December 3, 2024.
Call 1-866-352-9540 for further credit information.
- AK CLE 1.0
- Alaska attorneys may receive 1.0 hours of continuing legal education for completing this program. Please contact the Alaska Bar Association or go to www.alaskabar.org for details regarding reciprocity with other states.
- AL CLE 1.1
- This course or a portion thereof has been approved by the Alabama State Mandatory Continuing Legal Education Commission for a maximum of 1.1 hours credit.
- AR CLE 1.0
- This course has been approved for 1.0 hours of CLE by the Arkansas CLE Board.
- Arizona CLE 1.0
- The Arizona State Bar does not pre-approve or pre-certify MCLE programs. However, records of this program and attendance will be maintained by Lorman Education Services for auditing purposes. This activity may qualify for up to 1.0 hours toward your annual CLE requirement for the State Bar of Arizona.
- CA MCLE 1.0
- Lorman Education Services is a State Bar of California approved MCLE sponsor and this course qualifies for 1.0 CLE hours of participatory credit.
- CT CLE 1.0
- Neither the Connecticut Judicial Branch nor the Commission on Minimum Continuing Legal Education approve or accredit CLE providers or activities. This course has been approved for CLE credit in jurisdictions aside from CT and therefore it automatically meets the content and delivery requirements in Connecticut. Credit is based on a 60 minute credit hour and shall be awarded as follows: 1.0 CLE credit(s).
- GA CLE 1.0
- This program has been approved by the Georgia Commission on Continuing Lawyer Competency for 1.0 CLE hours.
- HI CLE 1.0
- This program was approved by the Hawaii State Board of Continuing Legal Education for 1.0 CLE credit hours.
- IL CLE 1.0
- This course was approved for a total of 1.0 hours of MCLE Credit by the Illinois MCLE Board.
- MO CLE 1.3
- This course qualifies for self-study CLE credit in Missouri.
- MS CLE 1.1
- This program has been approved by the Mississippi Commission on Continuing Legal Education for a maximum of 1.1 credit hours.
- ND CLE 1.0
- North Dakota CLE policy does not allow for pre-approval of any self-study courses. This course may qualify for up to 1.0 hours of CLE credit.
- NH MCLE 1.0
- NH MCLE does not approve or accredit CLE activities for the NH Minimum CLE requirement. Lorman Education Services believes this Ondemand course meets the requirement of NH Supreme Court Rule 53 and may qualify for CLE credit(s). Program Length: 64 Minutes.
- NJ CLE 1.3
- This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 1.3 hours of total CLE credit.
- NM CLE 1.0
- This program has been approved by the New Mexico Minimum Continuing Legal Education Board for 1.0 hours of credit.
- NV CLE 1.0
- This program has been approved by the Nevada Board of Continuing Legal Education for 1.0 CLE hours.
- NY CLE 1.0 including Areas of Professional Practice 1
- This course has been approved in accordance with the requirements of the New York Continuing Legal Education Board for up to a maximum of 1.0 credit hours in the area(s) of Areas of Professional Practice for 1.00 hour. Each hour may be counted only as satisfying one category of credit. Duplicate credit for the same hour of instruction is not permitted. This course qualifies for both established and newly admitted attorneys. Lorman Education- Noggin Guru, Inc. has a financial hardship guideline. Please contact customer service at 1.866.352.9539 for instructions on how to apply.
- PA CLE 1.0
- This Distance Learning program has been approved by the Pennsylvania Continuing Legal Education Board for 1.0 hours of substantive law, practice and procedure CLE credit.
- RI CLE 1.0
- This program has been approved by the Rhode Island Mandatory Continuing Legal Education Commission for 1.0 hours of CLE credit.
- TN CLE 1.07
- This program has been approved as a distance learning format by the Tennessee Commission on Continuing Legal Education for a maximum of 1.07 hours of credit.
- WI CLE 1.0
- This program qualifies for 1.0 hour(s) of ondemand CLE through the WI Board of Bar Examiners.
- WV MCLE 1.3
- This program has been approved by the West Virginia State Bar MCLE Commission for 1.3 MCLE hours.
To earn each credit Lorman offers through the OnDemand learning platform, you need to watch 100% of the program. Also, for certain credits you will need to fulfill additional requirements which will be displayed on the "credits" tab when viewing the course.
This program does NOT qualify, nor meet the National Standard for NASBA accreditation.
Audio & Reference Manual
- AK CLE 1.0
This program does NOT qualify, nor meet the National Standard for NASBA accreditation.
MP3 Download
- AK CLE 1.0
- Arizona CLE 1.0
- CA MCLE 1.0
- CT CLE 1.0
- HI CLE 1.0
- MO CLE 1.3
- NJ CLE 1.3
- NM CLE 1.0
- NY CLE 1.0 including Areas of Professional Practice 1
- VT CLE 1.0
- WA CLE 1.0
- WV MCLE 1.3
This program does NOT qualify, nor meet the National Standard for NASBA accreditation.
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Faculty
Vanessa M. Terzian
Lagerlof, LLP
- Partner at Lagerlof, LLP
- Specializing in estate planning, trust administration, and probate
- Adjunct professor of trust and wills, Southwestern Law School
- Rising Star, Super Lawyers, 2015 - 2017
- Wrote ‘Trustee’s, Executors and Beneficiaries’, published by the Institute for Preparing Heirs
- Active member of the California State Bar and member of the Trusts and Estates section
- J.D. Degree, dean’s honors and recipient of dean’s full tuition academic scholarship, Loyola Law School; B.A. Degree, magna cum laude, UCSD
- Can be contacted at 626-683-7234, [email protected], or lagerlof.com
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
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