Potential Problems with the Use of Personal Guarantees to Back Loans to Family Trusts

Date: Wednesday, February 19, 2025
Time: 7:30am - 9:00am
Location: Gleneagles Country Club
Speaker: Eric Reis

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ESTATE PLANNING COUNCIL OF NORTH TEXAS

BREAKFAST MEETING 

WEDNESDAY, FEBRUARY 19

Breakfast served 7:30-8:00 a.m.

Program 8:00-9:00 a.m.

GLENEAGLES COUNTRY CLUB (5401 West Park Blvd., Plano)

Registration Deadline: FEBRUARY 11 (5:00 p.m.)

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I (DON'T) GUARANTEE IT:
POTENTIAL PROBLEMS WITH THE USE OF PERSONAL
GUARANTEES TO BACK LOANS TO FAMILY TRUSTS

ERIC REIS

Sponsored by Value, Inc., Prosperity Bank and Saville

In a common estate-planning transaction, a client will create a trust for her descendants and then sell a valuable asset to the trust in exchange for a promissory note. The client's advisors may suggest that the client make a substantial gift to the trust first, so that the trust's loan-to-value ratio will not exceed 90%. Alternatively, advisors may suggest that the client ask another family member or beneficiary to guarantee the trust's debt, to help give the transaction substance. This presentation explores some of the risks associated with such guarantees.

Eric Reis is a full-time law professor at the University of North Texas at Dallas College of Law, where he focuses primarily on tax and related topics. He is also a past chair of the Real Estate, Probate & Trust Law section of the State Bar of Texas and a Fellow of the American College of Trust and Estate Counsel. In addition to serving as a professor, Mr. Reis is a business attorney in Holland & Knight's Dallas office. He focuses his practice on novel or unusually complex matters related to estate planning, probate, charitable planned giving and tax-exempt organizations. Mr. Reis is Board Certified in both Tax Law and Estate Planning & Probate Law by the Texas Board of Legal Specialization.

There are pending continuing education credits for this meeting. The handout will be available on the website under the document library a few days prior to the presentation.

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We would like to thank the following Sponsors for their support for 2024-2025: Argent Trust, Armanino, Communities Foundation of Texas, Frost Bank, Glast Phillips & Murray, Lindquist Eisenberg LLP, North Dallas Bank & Trust, Regions Bank, Texas Bank & Trust, Security National Bank, The Catholic Foundation, Value, Inc, American National Bank & Trust, Texas Health Resources Foundation, Prosperity Bank, Heritage Auctions, Saville and Farmers National Company.

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