Education

Tax Issue Spotting for Lawyers who Draft Trusts
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Teresa L. Bush, Esq.
February 25, 2026
Description:

Estate Planning and Elder Law attorneys often advise clients to restructure assets – often putting them in trust.  Whether the goal is to avoid probate, reduce future transfer taxation, or minimize countable resources, transferring assets means changing legal ownership, and any change in ownership could have tax consequences that the planner cannot ignore.  Some transfers might have no tax impact at all, others might have an impact that is insignificant, and others might have substantial tax consequences, which become a larger problem if they are a surprise to the client. Recommending and implementing trust planning without considering all potential tax consequences is a recipe for disaster.

In this webinar, we will focus on spotting the tax issues that matter – or could matter – when trusts are being considered.  We will cover:·       

  • What taxes we need to worry about and why
  • Tax benefits that clients won’t want to lose (and how not to lose them)
  • The basics of trust income taxation
  • The relationship between grantor trust status and estate inclusion (and how to trigger either, neither, or both)
  • And more.

We will poll the audience on some issues and fact-check a few hypothetical trusts to see what issues we can spot and which issues are easy to miss.  After this presentation, attendees should understand the basics of the taxes that can impact clients who create trusts, how to preserve the best tax results in various situations, and how to trigger grantor trust status and estate inclusion.  Like it or not, we are all tax lawyers at some level, and we need to be familiar with the basics to avoid unexpected surprises.

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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.
Teresa L. Bush, Esq.
Teresa L. Bush, Esq. thumbnail

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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