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Maryland State Bar Association
Planning and Drafting for Smooth Estate Plan Administration; A Fiduciary's Perspective
Planning and Drafting for Smooth Estate Plan Administration;
The need for a modern-day estate planning process is upon us. Rather than a focus on strictly testamentary intent, today a plan must include the "administrative workability" of the documents to address intent versus interpretation! For smooth administration on behalf of your clients, the roles and responsibilities of the fiduciaries are critical. Serving as a fiduciary is a human business that is sometimes too strictly governed by impractical and cumbersome language in the documents. What the client wants isn’t always realistic, efficient, or practical. Good planners do their clients a disservice by not anticipating how quirky or micromanagement provisions can derail an estate or trust. We will examine important drafting considerations, discretionary language, and common provisions susceptible to challenging interpretation and possible litigation. The Maryland State Bar Association (MSBA) is committed to making its online and in-person services, products, and events accessible to everyone, including people with disabilities. To request an accommodation, please complete this
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