Continuing Legal Education

TELESEMINAR: Funding Unfunded Testamentary Trusts in Estate Planning – A National Perspective

February 6, 2014
12:00 – 1:00 p.m.
1.00 MCLE hours


One of the most common problems in estate planning is creating a trust that goes unfunded. This may happen through a failure to adequately plan a funding mechanism, a misdirection or misuse of funds, shifting circumstances in a family or a failure of communication. If a trust goes unfunded, it may dramatically scuttle the expectations of the trust’s settlor and cause a substantial loss of any tax benefits. There may also be adverse fiduciary consequences for the trustee.  This program will provide you a practical discussion of circumstances giving rise to unfunded trusts, practical techniques for recovering misdirected funds and otherwise funding trusts, and limiting the possibility of adverse practical, tax and fiduciary consequences.


  • Practical, tax and fiduciary issues in unfunded trusts
  • Relationship of bypass trusts and unfunded testamentary trusts
  • Mechanisms for recovering misdirected funds or otherwise funding trusts
  • Tax and fiduciary issues in unfunded trusts
  • Drafting techniques for avoiding unfunded trusts


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Program Speaker:
William Kalish
, Akerman Senterfitt, LLP, Florida



William Kalish is a partner in the Tampa office of Akerman Senterfitt, LLP.  His practice focuses on advising individual clients and their families on their estate and trust plans, including wills, revocable trusts, irrevocable trusts, charitable trusts, private foundations, and limited partnerships. He also practices in probate administration, asset preservation, business succession planning for family-owned entities, and the division of business interests in the context of divorce.  He is a Fellow of the American College of Trust and Estate Counsel, formerly served as chair of ABA Tax Section, and has served as an Adjunct Professor of Law at Stetson Law School teaching estate planning.  Mr. Kalish received his B.A. from the University of Pittsburg and his J.D. with honors from George Washington University Law School.