Matrimonial Issues and Trust Planning
- Using a separate/special revocable trust to preserve the separate property characterization of particular assets and to avoid commingling.
- Using a domestic asset protection trust (DAPT) before marriage to segregate pre-marital assets.
- How these techniques can be planned and implemented.
- What provisions should you include in a revocable trust or DAPT?
- What schedules should be attached to each type of trust?
- What provisions might be included in a prenuptial or postnuptial agreement?
- When might it be appropriate to use each type of trust?
- Inheritance considerations
- The importance of keeping separate property separate and practical issues that often arise.
- Why it is advisable to use an independent trustee for divorce protection.
- Potential for decanting and change of jurisdiction on existing trusts and how that may be used to bolster matrimonial planning.
- Sample language and an article on DAPTs and prenuptial agreements will be provided.
Speaker Bios
Michael L. Graham is Chairman of InterActive Legal and practices law with the Houser Firm in Dallas, Texas.
Mike has been continuously Board Certified in Estate Planning and Probate by the Texas Board of Legal Specialization for 40 years. He became a full partner at age 30 in one of the largest, most respected law firms in the US, Baker & Botts, and became a Fellow of the American College of Trust and Estate Counsel at age 34. MIke has served as Chair of the Texas Bar Association’s Real Property, Probate and Trust Law Section, the Houston Bar Association’s Probate Section, and the Dallas Bar Association’s Probate Section. Other professional contributions include Supervisory Council Member of the American Bar Association’s Real Property, Probate and Trust Law Section and President of the Texas Academy of Probate and Trust Lawyers.
In his practice at the Houser Law Firm, Mike limits his current focus to matters involving business and estate planning, administration of estates and trusts, and fiduciary based litigation. He has practiced at both large, international firms and small boutique firms over the last 44 years. He received his J.D., cum laude, from Baylor School of Law (1972), and his BBA from Baylor University (1971).
Sean P. Healy, Esq. is an attorney in private practice. He has presented numerous continuing legal education seminars on Firearms Law and National Firearms Act Trusts to both judges and lawyers, and has given televised interviews on firearms matters and other subjects. He is also a concealed handgun instructor and an NRA-Certified Instructor and Training Counselor, with multiple certifications.
Mr. Healy’s law practice focuses on business law, civil litigation, family law, representation of property owners’ associations, and firearms and aviation matters. He is a co-author of The Legal Guide to NFA Firearms and Gun Trusts: Keeping Safe at the Range and in the Courtroom – The Definitive Guide to Forming and Operating a Gun Trust, and a co-author of InterActive Legal’s Firearms Trust Planning drafting system.
Amanda joined InterActive Legal in August 2020 and serves as a Content Support Specialist. Amanda holds a B.S. in Paralegal Studies, A.S. in Paralegal Studies Magna Cum Laude and a Paralegal Certificate from Liberty University and Bristol Community College.
She has worked as a Paralegal for six years with experience in Estate Planning, Probate of Estates, Estate and Trust Administration, Guardianships, Conservatorships, Health Care Proxy Affirmations and Commitments.
