Wealth and Law

Clauses Every Trust Should Have: Part 1

Apr 9, 2025
Brent chats with T.J. Ryan, a Senior Partner at Frazer Ryan Goldberg & Arnold LLP, specializing in family estates and trust administration. They delve into crucial trust components like settlor intent, the role of HIPAA releases, and property characterization as community or separate. T.J. highlights the importance of strategic co-trustees and proper distribution provisions, discussing unique scenarios like drug testing beneficiaries. This conversation emphasizes the need for clear communication and thorough planning in trust management.
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ADVICE

Clearly State Settlor Intent

  • Clearly express settlor intent in a dedicated section of the trust document to guide trustees effectively.
  • This clarity helps trustees understand whether to be liberal or conservative with trust distributions.
ADVICE

Include HIPAA Authorization Clause

  • Always include a strong HIPAA authorization in trust documents for successor trustees to access medical information.
  • This allows them to determine incapacity without a prolonged court battle.
ADVICE

Distinguish Community and Separate Property

  • Identify and maintain accurate records of community versus separate property when creating trusts.
  • Avoid improper classification that causes litigation by not automatically treating all trust assets as community property.
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