The presentation will address the constitutional prohibition on devise, and how an inter vivos conveyance to a properly drafted irrevocable trust can preserve homestead benefits and bypass the constitutional restrictions on devise. A specimen form of an irrevocable trust will illustrate the issues and drafting approaches. In addition, there will be a discussion of some practical issues in the use of homestead trusts, as well as a discussion of the ethical issues which arise when an attorney represents both spouses in estate planning.
