In my opinion, the best drafting is tax efficient, flexible, and protects assets from creditors. I think it’s fair to say this represents my philosophy when it comes to estate planning. As I review documents, I use these three criteria to determine whether or not a document is well-crafted. With that philosophy in mind, I want to discuss two often-used provisions that are ill-conceived, even when properly drafted. In other words, these are two examples of a drafting attorney who has created a document that successfully implements her intentions. There’s nothing wrong with the drafting; these are just terrible ideas.
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