The American College of Trust and Estate College News | The American College of Trust and Estate Counsel

The IRS is Here to Help: How Does That Happen?

T&E experts offer recommendations regarding IRS guidance: Private Letter Rulings (PLRs), Technical Advice Memorandums (TAMs), and Chief Counsel Advice (CCAs).

The Dangers of Deferring Estate Tax

Explore the risks of deferring estate tax, including secret IRS liens, credit implications, and alternatives with insights from ACTEC experts.

Impact of the Connelly v. United States Decision

An estate planning attorney discusses the implications of Connelly v. US, buy-sell agreement, valuation of life insurance proceeds, Section 2703, and more.

A New Decision on Adequate Disclosure of Gifts

Understand the taxpayer victory and tax court decision in Schlapfer v. Comm'r that strict compliance with adequate disclosure regulations may not be necessary.

The Intersection of Well-Being and Trust Planning

T&E practitioners are introducing Well-Being theory into estate planning by encouraging clients to add Well-Being provisions into the drafting process.

Practical Considerations in Representing the (Un)Happily Married (Pt. 3 of 3)

An estate lawyer discusses tax traps, creative planning techniques, and practice tips for situations when trusts may be on the divorce balance sheet. Pt. 3 of 3

Practical Considerations in Representing the (Un)Happily Married (Pt. 2 of 3)

An estate lawyer shares how to analyze if trust assets might be on the table in divorce and how to review the history of the trust administration. Pt. 2 of 3

Practical Considerations in Representing the (Un)Happily Married (Pt. 1 of 3)

An estate lawyer offers eight questions to ask clients about trust assets to see what is vulnerable in divorce in Part 1 of 3 of this topic.

Considerations for Nonprofits in Accepting Crypto Donations

Estate planning and banking investment professionals explain what nonprofits need to understand before accepting donations of cryptocurrency, crypto.

Best Practices for Virtual Court and Legal Proceedings

A litigation expert offers best practices for virtual hearings, online legal proceedings and guidance for navigating this relatively new environment.

Tips for Winding Up Charitable Entities

What happens to charities upon the death of a founder, or is deemed a risk by those in control? Estate planners share tips for winding down charitable entities.

SECURE Act 2.0 and Charitable Remainder Trusts

A legal scholar explains a new law allowing IRA owners to transfer up to $50,000 directly to a charitable gift annuity or Charitable Remainder Trust.

Directed Trusts Laws and Related Uniformed Acts

Uniform Directed Trust Act in action. A review of the act enacted in 16 states, the latest on directed trusts from the perspective of trustee, planner, and litigator.

QSBS Planning and Potential Pitfalls

A legal expert in QSBS, Qualified Small Business Stock, explains the planning opportunities, what advisors need to know, redemption, and adding it to an estate.

The Complexity of Dealing with a Holographic eWill

A trust and estate expert shares the interesting case of a holographic eWill in Mississippi written in the testator’s handwriting on an iPad.

Understanding the Kittler E-Will Case in Pennsylvania

A Pennsylvania Fellows explains the issue of the case of Susan Kittler, who, during COVID in 2021, drafted a will and executed it using an electronic signature.

Recent IRS Challenges to Grantor Retained Annuity Trusts (GRAT)

An overview of two recent IRS cases regarding Granter Retained Annuity Trusts, GRAT, the significance of the cases for estate planners and the IRS rulings.

Patagonia Purpose Trusts

The founder of Patagonia clothing transferred $3B of stock to a Purpose Trust. What is a Purpose Trust and how does it meet Patagonia's corporate objectives?

Tips for Joint Representation of Spouses: Part 2 of 2

Podcast two of joint representation offers four more tips for lawyers and the red flags to watch out for as they ensure both spouses are represented equally.

Tips for Joint Representation of Spouses: Engagement Letters Pt. 1 of 2

Four tips practitioners need to keep in mind when providing joint representation to spouses and where to find sample attorney engagement letters.

Non-Grantor Irrevocable Complex Discretionary Spendthrift Trusts

Don't get fooled by non-grantor irrevocable complex discretionary spendthrift trust scams. An expert warns about questionable trust structures marketed online.

Considerations for U.S. Owners of Canadian Real Property

Guidance for Americans purchasing real property in Canada, including tax traps, LLC and personal ownership considerations, non-resident prohibitions and more.

Hiring, Examining, and Being an Expert Witness

T&E experts offer their advice to lawyers and professionals when retaining an expert witness or determining if you want to be an expert witness in a court proceeding.

Summary of Hot Trust & Estate Topics from 2022 and Early 2023

Estate planning experts review recent T&E cases, IRS rulings, SECURE Act 2.0, DAF and CRT cautions, and other recent developments impacting estate planners.

Civil Law Concepts in American Family and Inheritance Laws

A law professor shares ways civil and common law systems have influenced each other, particularly in matters relating to adoption, family and inheritance laws.

Supreme Court Rules on Bittner v. United States

Supreme Court ruling in Bittner v. United States, with input from ACTEC's amicus brief, regarding the Bank Secrecy Act and Foreign Bank Account Reporting.

Lessons From Lisa Marie Presley's Estate: Why Use a Corporate Trustee

Drama in the Estate of Lisa Marie Presley may be due to the absence of a corporate trustee. Understand the benefits of using an experienced corporate trustee.

Relief for S Corporation Mishaps

Expert tax advice on the relief provided in IRS Revenue Rulings for S Corporation to address mistakes and mess-ups in tax filing or ownership restrictions.

The Importance of Treating Life Insurance as an Asset and Maximizing Value

Life insurance may be a client’s most valuable asset. Understand how to identify a policy’s value and sell it for other estate needs instead of letting it lapse.

The Separate Shares Rules and Their Nuances

An explanation of how and when separate share rules and the nuances involved with Income in Respect to the Decedent, IRD, and S Corporation stock.

Income Taxation of Joint Revocable Trusts

An estate expert explains the options and complexity for the surviving spouse in a joint revocable trust following the death of the other spouse.

Witness Depositions of Valuation Experts

An expert shares best practices for T&E attorneys when preparing for a valuation, taking the deposition, and defending the witness.

Corporate Transparency: US Joins the Rest of The World

Update on Corporate Transparency Act final regulations: experts explain requirements by the reporting company, beneficial owner, and applicants.

Understanding and Managing the Rights of Lifetime Creditors Following Death

Estate planning attorneys discuss differences in legal traditions and post-mortem rules with creditors, probate, and trust administrations in different states.

Considerations in the Possible Liquidation of a Closely Held Entity and Other Alternatives (Pt. 4 of 4)

The final part of the Closely Held Entities series explores potential liquidation, including audit, valuation and tax issues.

Considerations in the Possible Liquidation of a Closely Held Entity and Other Alternatives (Pt. 4 of 4)

The final part of the Closely Held Entities series explores potential liquidation, including audit, valuation and tax issues, and where it may make sense not to liquidate.

The Administration of a Closely Held Entity (Pt. 3 of 4)

In part 3 of Closely Held Entities, estate planners examine critical issues as well as discuss conducting a lifetime stress test for those entities.

Formation of a Closely Held Entity (Part 2 of 4)

With part 2 of the Closely Held Entities, ACTEC's trust and estate experts dig a bit deeper into issues of the formation of LLCs and limited partnerships.

An Illuminating Look at Closely Held Entities: Series Overview

Trust and estate experts introduce a 4-part podcast series on the main phases of the closely held entity: formation, administration, and possible liquidation.

Moving Your Firm to the Cloud

Lawyers share tips for planning and successfully moving your firm's data and software to a cloud solution. Understand the benefits and risks in this podcast.

Supporting and Mentoring Female Estate Planning Attorneys

An experienced mentor and estate planning attorney offers tips on work-life balance, mentorship, and supporting women in trust and estate law.

Work-Life Balance: Recommendations for Attorneys

An attorney shares his recommendations for work-life balance and tips for setting boundaries, reducing stress, and setting an example for younger employees.

What You Need to Know About Authenticating Cross-Border Documents and the Importance of Electronic Apostilles (e-APP)

International estate planning experts explain ACTEC’s support of electronic apostilles, e-APPs, and the importance of apostilles to the trusts and estates practice.

Top 10 Recommendations for Planning Retirement Benefits under the SECURE Act

Planning for retirement benefits under the SECURE Act is complicated. Hear the top ten recommendations from a trust and estate expert when planning distributions.

ACTEC's Comments on Section 2053 - Proposed Estate Tax Regulations

ACTEC comments on proposed regulations under IRS Code Section 2053, and the effects on estates seeking to deduct funeral and administrative expenses and loans.

ACTEC's Supreme Court Amicus Brief in Alexandru Bittner v. United States

Understand the Foreign Bank and Financial Account Report, FBAR, issues under review at the Supreme Court in Bittner v. United States and ACTEC's amicus brief.

The Corporate Transparency Act: The Clock has Started

Learn what estate planners need to know about reporting requirements of the Corporate Transparency Act from FinCEN’s final rules issued on September 29, 2022.

Unconscionability of Premarital Agreements - Pt 2 of 2

An estate lawyer explores case disputes of premarital agreements, aka post-nuptial agreements, based on unconscionability under the Uniform Premarital Act.

Unconscionability of Premarital Agreements - Pt 1 of 2

An estate lawyer explains the Uniform Premarital Act and the limitations of premarital agreements, aka post-nuptial agreements, based on unconscionability.

When to Pursue a Trust Reformation Action

Understand ways to amend an irrevocable trust under the Uniform Trust Code (UTC), including a decanting transaction from a trust and estate expert.

Understanding Funding Agreements

Learn key elements that should be included in funding agreements including five essential recommendations to help them stand up to court scrutiny.

Migrating Clients from Common Law to Community Property States (and Vice-Versa)

Hear guidance for clients moving from a common law to a community property state, how to avoid common mistakes, and differences between community property states.

Cryptocurrency in Retirement Accounts

Can retirement accounts hold cryptocurrency? Guidance on what’s allowed, the legal uncertainties, risks and benefits of cryptocurrency in IRA and 401k accounts.

IRS Proposes Mortality Assumptions Update for Section 7520

Updated IRS mortality assumptions have arrived. An overview of the updated tables, how the numbers work, and actions to consider before regulations become final.

Paying and Reducing Estate Tax with a Graegin Loan

Learn how to use a Graegin loan to pay for and reduce estate tax when interest rates are high, and how to avoid Graegin loan missteps.

Estate Planning Opportunities in a Time of Rising Interest Rates

A trust and estate expert shares insights on opportunities available for planners and their clients during the current rising interest rate environment.

The Intersection of S Corps., ESBTs, California Tax and Beer

When it comes to trust planning, ESBTs, and S Corps, sometimes you can do everything right and still be subject to California Entity Tax.

Electronic Will Legislation in the US

A trust and estate expert advises extreme caution when using an e-will or electronic will. Understand why in this podcast.

Removal of Trustees

How do you remove a trustee? A review of what to expect, the standard of proof, grounds and the role of equity court determinations.

Navigating the Choppy Waters of Cross-Border Estate Administration

One will or two? The impacts of forced heirship on assets in civil law jurisdictions and benefits of EU Succession Regulation in cross-border estate planning.

An Update on Asset Protection Cases Where Lawyers Overstepped Their Boundaries

Overstepping boundaries in asset protection exposes practitioners to civil, professional, misdemeanor, and even criminal RICO liabilities.

The Calling of the Counselor in Counseling Families - Final Podcast

The conclusion of the 2022 Trachtman Memorial Lecture by Ron Aucutt, where he shares his wisdom and offers closing thoughts for estate counselors.

The Calling of the Counselor in Counseling Families Part 2 of 3

Ron Aucutt shares his recommendations to trust and estate professionals on how to help clients nourish their family legacies in Part 2 of 3 of the Trachtman Lecture.

The Calling of the Counselor in Counseling Families - Part 1 of 3

Part 1 of 3 of 2022 Trachtman Memorial Lecture by Ron Aucutt, encouraging practitioners to help clients identify and build a legacy of shared family values.

The Calling of the Counselor in Counseling Families - Overview

A synopsis of the 2022 Trachtman Lecture by Ronald D. Aucutt, where he encourages practitioners and shares strategies to help clients build a legacy.

The Accidental Private Foundation - Non-Exempt Charitable Trusts Under Section 4947

Trusts used for exclusively charitable purposes may be subject to the Private Foundation Rules. Understand how to avoid the tax consequences of IRS section 4947.

An Introduction to the Corporate Transparency Act

An overview of how wealth planners and T&E practitioners can comply with the proposed anti-money laundering rules of the Corporate Transparency Act.

2022 Hot Topics in Trust and Estate Law

An overview of proposed regulations to the SECURE Act, and the critical T&E tax court cases of Levin, Smaldino, and Connolly.

The Law, Professional Responsibility and the Future of T&E

Celebrating 200 podcasts, two ACTEC leaders discuss issues and forces shaping the future of the practice and the ability of practitioners to impact lives.

The Future of Digital Assets and the Dollar

The foundation of the global financial order is set for significant changes as demand for digital assets and cryptocurrencies upsets governments' reliance on the dollar.

Mistakes Made in Premarital Agreements by Estate Planning and Family Law Lawyers

Estate planning and family law attorneys share what to be aware of and some pitfalls when drafting premarital agreements and prenups.

California Tax Trap and Residency for Trusts

Words of caution for trust fiduciaries, beneficiaries and residents; CA has liberal definitions of who is considered a resident and subjected to tax on trusts.

Understanding Rights of Publicity or Name, Image, Likeness (NIL)

An overview of publicity rights, property rights, name, image, likeness (NIL) and how they differ by state.

ACTEC Law Journal: Dedicated to Trust and Estate Topics for Nearly 50 Years

ACTEC Law Journal Coordinating Editor shares insights on the publication process, the contributions of the student editors, and the importance of the journal to T&E law.

Estate Planning for Principals of Private Equity and Hedge Funds

Recommendations for what principals of investment strategies and what to keep in mind regarding carried interest of private equity and hedge funds.

Advising Transgender Clients on Estate Planning and Vital Records

Tips for financial and estate planning professionals working with transgender clients to their legal name and/or gender marker, identify documents, and powers of attorney.

Estate Planning Excellence: The American College of Trust and Estate Counsel

An overview of ACTEC’s resources for professionals and how it impacts the legal profession, legislation and the law by Past-President John A. Terrill II.

Top Estate Planning and Estate Tax Developments of 2021

ACTEC Fellow Ronald Aucutt shares his 2021 top estate planning developments and what estate planners should be aware of regarding tax changes and court decisions.

Dealing with Unwanted Irrevocable Trusts and Basis Issues

Practical questions that estate planning lawyers should ask when evaluating the value of irrevocable trusts when circumstances have changed.

Uniform Electronic Transactions Act and Recent Developments

Expert lawyers discuss the use of electronic signatures and remote notarization in recent Pennsylvania decisions affecting its legal use in wills and documents.

Understanding Serious Mistakes and Planning Implications in the Smaldino Tax Court Case

Estate lawyers discuss the Smaldino Tax Court ruling and the mistakes made in the transactions, as well as the estate planning implications.

The SECURE Act and Retirement Account Planning Opportunities

A T&E expert offers an overview of the SECURE Act and what has changed once enacted with retirement account planning and trust beneficiaries.

A Discussion of Chief Counsel Advice 202152018 and its Effect on the Administration of GRATs

Trust and estates experts discuss recent IRS Chief Counsel Advice’s impact on difficult to value assets in Grantor Retained Annuity Trusts (GRAT).

The Mysteries and Misunderstandings Related to Code Section 678

A trust and estate expert explains the complexities and ins and outs of IRS Code Section 678, BDIT, and BDOT.

Adultery Penalties in Premarital Agreements

Does infidelity void a premarital agreement? A law professor discusses adultery provisions, infidelity clauses, and no-fault divorce as public policy.

Spousal Support Provisions in Premarital Agreements

An explanation and examples of spousal support in premarital agreements, especially helpful in states that litigate fault in divorce and tie it to alimony.

Conflict of Laws and Relation-Back of Powers of Appointment

ABA RPTE Law Journal author offers an overview on his new article “Conflicts of Laws and the Transitivity of the Relation-Back of Special Powers of Appointment.”

The Interplay Between Trust Accounting and Statute of Limitations

Litigation can be costly. Understand the special considerations attorneys should be aware of when reviewing trust accounting to avoid litigation.

The Basics of the Estate Administration Exception to Avoid Self-Dealing Prohibitions

A review of the rules, probate and estate administration exceptions to avoid issues regarding self-dealing transactions between a foundation and a donor.

An Update on NFTs - Non-fungible Tokens

An overview of non-fungible tokens, NFT, for estate planning professionals including creation, management, and protection.

An Overview of Tennessee Trust Law

A review of changes to Tennessee trust laws that make the state a desirable trust jurisdiction, streamlined trust statutes, and made it difficult for creditors.

Uses of Exculpatory Clauses in Wills and Trusts

An overview of the uses of exculpatory clauses in estate planning, enforceability under state law and advice for litigators.

Traps Await for Beneficiary-Owned Trusts Under Section 678

Understand how well drafted beneficiary trusts can go wrong under IRS Code Section 678 and how to avoid pitfalls from a T&E expert.

Closely Held Business, Tiered Entities and Propose Revisions to Section 6166

ACTEC proposes a major update to a 40-year-old IRS Code 6166 that provides estate tax deferral for family businesses but has aged poorly.

Don't Guess and Mess When Planning with QSBS

Expert discusses proposed legislation that retroactively takes aim at the tax benefits of QSBS and offers estate planning suggestions to prepare.

Exempt Status of Retirement Plan Distributions

Florida lawyers discuss strategies for preserving inherited retirement plan assets and address uncertainties related to state laws and the SECURE Act.

An Analysis of Wyoming Asset Protection Provisions

A review of asset protection code in Wyoming, Wyoming’s Uniform Trust Code, and how it compares to other states.

Creditors' Rights vs. Trustees' Protections

Laws governing creditor rights vary from state to state. Understand the differences in trust provisions and corresponding effects against creditor claims.

Estate Planning for Special Purpose Acquisition Company Founders

Insights into Special Purpose Acquisition Company, SPAC, estate planning opportunities for founders, their capital structures, valuation and more.

Lessons From the Tax Court Decision in the Estate of Michael Jackson

Understanding the tax court’s decision in the Estate of Michael Jackson and postmortem right of publicity.

Migrating a Law Firm's Software and Data to the Cloud

Practical advice from a tech-savvy lawyer for law firms migrating software and data to a cloud server.

Electronic Wills and Remote Execution

An update on electronic wills, remote witnessing, and notarization legislation in Illinois. The act became law on July 26, 2021.

Non-Fungible Tokens: What Every Estate Planner Needs to Know

An overview of NFTs, non-fungible tokens, how they work and what do estate planning professionals need to know.

Cryptocurrency Regulation and Qualified Custody

Experts discuss what trustees and fiduciaries need to know regarding cryptocurrency regulation.

Proving a Will in the Age of COVID

The COVID pandemic caused many states to accelerate their laws regarding electronic wills. Learn what’s working and what’s not.

Modernizing Section 6166

An overview of ACTEC’s recommendations to revise IRC Section 6166, which hasn’t been updated in 40 years.

Taxes Emerging in Europe to Pay the Cost of COVID

An overview of the Organization for Economic Co-operation and Development, OECD, report and debate on inheritance tax.

Economic Rights of Unmarried Cohabitants

Co-chair of the ULC’s Cohabitants Economic Remedies Act Committee explains the importance of having laws concerning unmarried cohabitants.

Voidable Transfers in Self-Settled Spendthrift Trusts

An overview of Self-Settled Spendthrift Trust statutes of limitations and review of Wyoming’s legislation, House Bill 64.

Joint Representations with Prenuptial Agreements

Does joint representation during a prenuptial agreement violate professional rules of conduct? Professor Carter reviews Prenuptial and Postnuptial Agreements.

Supported Decision-Making

A general overview of supported decision-making, update on progress around the world and in the US, particularly in New York State.

Using Multiple Non-Grantor Trusts for Multiple Tax Benefits

Five reasons why tax and estate attorneys might want to recommend multiple non-grantor trusts for tax benefits for their clients.

Protecting Your Attorney's Fees to Benefit Your Client and Yourself

A presentation of how to discuss legal fees and expenses during trust and estate litigation and guidance from courts on the matter.

Protecting Yourself and your Clients from Cyberattack

Tips for wealth managers to share with clients to prevent cybercrime and identity theft, from a former FBI cybersecurity agent.

An Update of Qualified Opportunity Funds and Zones

A summary of IRS guidance issued due to COVID-19, Notice 2021-10, to qualified opportunity funds investors and qualified opportunity fund zones.

Defined Value Purchase Agreements

Advice to help your business clients transfer their business interests using a defined purchase agreement.

Silent Trusts

What are the issues posed by silent trusts? Are designated representatives a solution to silent trusts? Learn more.

Trust Protectors

A discussion of the benefits and pitfalls of trust protectors from trust and estate experts.

Bitcoin Craze: Investment and Fiduciary Implications

What bitcoin investment considerations should estate planners study and what are the fiduciary responsibilities around those investments?

Electronic Wills in Florida

A review of Florida’s Electronic Wills legislation including who’s a qualified custodian of e-wills and what is a vulnerable adult.

New Corporate Transparency Act

Important takeaways of what lawyers and estate planners need to know about the Corporate Transparency Act, CTA.

The Senate Went Blue, What Should Estate Planners Do?

Leaders in the T&E field offer estate planning tips for 2021, insight into possible changes to the tax code and options for tax planning.

Uniform Trust Code Cases from 2020

An update on how Kansas, Kentucky and Nebraska have applied Uniform Trust Code, UTC, in 2020 cases.

Charitable Giving: Remembering the Basics

This podcast offers a reminder of charitable giving basics, what to pay attention to, and takeaways from 2020 Tax Court cases on the topic.

Video Games and Money Laundering

A look into video games, online gaming, and how bad actors are using these platforms for money laundering in this evolving and fast moving industry.

Attorney-Client Privilege - Waivers and Exceptions

Learn from ACTEC trust and estate planning experts when attorney client privilege can be waived or except.

Biometric Recognition Cases

Learn about the latest legal developments with regard to the Biometric Information Privacy Act, biometric recognition and an individual’s personal privacy.

Litigation Issues in Buying and Selling Art

An expert on art law, Nicholas O’Donnell, offers his tips and questions to avoid litigation when selling or buying fine art.

Litigation Issues in Art Law

Tips that dealers, buyers, and collectors can use to determine their art’s provenance risk exposure.

Estate Planning with Art

Estate planning art expert explains the options art owners have to dispose of their assets - selling, gifting or donating art collections.

How to Protect Inherited Assets from a Beneficiary's Creditors in the Event of a Divorce

How to help clients structure trusts so that the inheritances to beneficiaries are protected in the event of a divorce.

Treasury and IRS's Priority Guidance Plan

A recap of the Treasury Department and IRS’s Priority Guidance Plan for the 12 months from July 2020 through June 2021.

ERISA, Qualified Plans and Divorce

An explanation of beneficiary designations and income tax consequences related to ERISA and qualified plans during divorce.

ACTEC Comments on Treasury's Proposed Regulations Under Section 1061

An overview of comments ACTEC submitted to Treasury on 10/5/20 issues regarding proposed regulations under IRS Code Section 1061.

COVID-19 in America's Nursing Homes

COVID-19 has ravaged U.S. nursing homes. Professor David English offers valuable information, resources and guidance for 2020 and beyond.

Gifts to Married Beneficiaries Living in Community Property States

Gifts of assets, securities or cash to beneficiaries in community property states can be complicated. Here’s what you need to know.

Potential Anti-Abuse Rules and a Client's Remaining Gift Tax Exemption

Learn about the risks of using gift and estate tax exemption potential anti-abuse regulations that are set to expire in 2025 from guest presenter Katie Lynagh of Milbank in NYC.

Truth, Transparency, and the Right of Privacy | Part 3 of 3

The conclusion of the lecture “Truth, Transparency, and the Right of Privacy.” Duncan E. Osborne shares his views on balancing attorney-client privilege and an individual’s right to privacy.

Truth, Transparency, and the Right of Privacy | Part 2 of 3

Part 2 of the lecture “Truth, Transparency, and the Right of Privacy.” Duncan E. Osborne, a chair of the Financial Action Task Force (FATF) and past-president of ACTEC, shares lessons learned from FATF.

Truth, Transparency, and the Right of Privacy - Part 1 of 3

Part 1 of the Annual Trachtman Lecture: “Truth, Transparency, and the Right of Privacy” from Duncan E. Osborne, a chair of the Financial Action Task Force (FATF) and past-president of ACTEC.

Truth, Transparency, and the Right of Privacy | Synopsis

A discussion of how truth, transparency, and an individual’s right to privacy affect attorney-client privilege and the law

How DNA Testing is Shaking Up Estate Plans

A discussion of the impact of DNA testing on inheritance, intestacy laws, surrogacy, and use of frozen embryos postmortem.

Family Office Investment Partnerships

An estate planning expert explains the potential business planning issues when giving a family office an interest in an investment partnership it manages.

Enforcement of Charitable Donation Restrictions

An explanation of what donors need to consider when making a charitable donation to a nonprofit? What restrictions need to be thought through?

Charitable Endowment Fund Restrictions on Borrowing

A review of the dangers of borrowing from a charitable endowment fund during the 2020 pandemic and financial crisis.

Ante-Mortem Probate as the Ultimate Will Contest Prevention Technique

What is ante-mortem probate? How does it differ from premortem probate and is it the ultimate will contest prevention technique?

The Ethics of Disclosure and Testimony by Estate Planners

A discussion of disclosure, attorney–client privilege, work-product doctrine, and what to keep in mind in the event of a will or trust contest.

Trusts for Disabled and Chronically Ill Beneficiaries under the SECURE Act

An explanation of how the SECURE Act impacts special needs trusts, AMBTs, and disabled and chronically ill beneficiaries from experts in the subject.

Pending Transfer Tax Legislation in an Election Year

Unique insight into possible estate and gift tax legislation, transfer tax legislation, during and following the 2020 election year.

Ancillary Estate Planning Documents in the Pandemic

Reviewing and creating estate planning documents - POA, medical directives and living wills during the COVID-19 pandemic.

Estate Planning Strategies in the Pandemic

2020 estate planning strategies including the gift tax annual exclusion, IRS code 2503(e), low interest loans to family, SLATs and CLTs.

Grantor Trusts: Tax Returns, Reporting Requirements and Options

An expert estate planning attorney reviews the options available for reporting the income tax from grantor trusts.

Naming Foreign Persons in Your Estate Planning Documents

Information for estate planners when a will or trust includes a beneficiary who resides abroad including residents of Israel and the UK.

Tax Tips and Traps Related to Foreign Gifts

An explanation of how gifts from non-US persons can pass completely free of US gift tax if they are done correctly.

Utilization of Section 7872

A deep dive into IRS Code Section 7872 and how to utilize the code in intrafamily loans and split-dollar loans.

The Uses and Abuses of Charitable LLCs

An overview of how Charitable LLCs can be used legitimately and possibly abused when pushed too far.

Drafting Charitable Gift Agreements

A trust and estate expert discusses charitable gift agreements and the necessary preparation for negotiating and drafting an agreement to protect the client, whether representing a charity or a donor.

Estate Planning for Entertainment Clients

ACTEC Fellow Chang H. Chae discusses issues related to clients in the entertainment industry, such as name and likeness rights and house trusts and how terms of their planning specifically relate to the assets or the rights that they have.

Lending and Estate Planning

Estate planning lending techniques including a Graegin loan, GRAT, IDGT, and life insurance premium financing.

Estate Transfer Planning for the Moderate Estate

Estate planning experts discuss the gifting risks for moderate estates that want the flexibility to access assets in the future.

An Update on Electronic Wills Statutes

A discussion of The Uniform Law Commission’s new Electronic Wills Act from ACTEC Fellows that chaired the drafting committee.

What Estate Planners Need to Know About Medicare

An explanation of how Medicare benefits work, especially Medicare Parts A, B, D, disability requirements and the penalties associated with not enrolling on time.

Charitable Planning and the SECURE Act

Understanding the pitfalls and tax traps when donating from an IRA to a charity under the SECURE Act. An explanation of how Charitable Remainder Trusts (CRTs) and charitable giving has changed.

Planning for Disabled or Chronically-Ill Beneficiaries Under the SECURE Act

The new SECURE Act provides tailored treatment for special needs and disabled beneficiaries. Learn how the SECURE Act impacts these special beneficiary categories.

Designing and Drafting Trusts in Light of the SECURE

Conduit and accumulation trusts have changed under the SECURE Act. Learn how to mix and match under the new law.

Planning for Common Scenarios Under the SECURE Act

Understanding the SECURE Act’s impact on common estate planning issues such as naming surviving spouses and adult children as beneficiaries.

Updating Existing Estate Plans Under the SECURE Act

ACTEC Fellow offers recommendations for trust and estate attorneys as to what to discuss with clients and next steps following the SECURE Act.

Autonomy in Estate Planning | Opportunity Grant

Experts discuss how to build autonomy in estate planning with next-generation beneficiaries through trust, purpose and opportunity grants.

Looking Back at Our Most Popular Podcasts | 100th Special

Balancing independence of retirees, the SECURE Act and other 2020 estate planning hot topics are discussed in this special 100th ACTEC Trust and Estate Talk podcast.

The Intersection of Positive Psychology in Estate Planning

ACTEC Fellows discuss the importance of creating positive experiences for beneficiaries in your estate plan.

Resolving Trustee Deadlocks

What can you do when co-trustees disagree? How can you resolve trustee deadlocks? Learn more in this podcast.

Alternative Investments: An Investment Dream - A Planning Nightmare

An explanation of the characteristics of alternative investments, the risks associated with them, and how the risks can be addressed in the estate planning process.

How Guardians Make Decisions on Behalf of Their Wards

Learn about the guardianship policies of substituted judgment and best interest that guardians should consider when making decisions for a vulnerable person.

Cross-Border Recognition of Powers of Attorney and Guardianships

Powers of Attorney and Guardianship vary from state to state and internationally. Learn more about their portability and what’s recognized overseas.

What Estate Planners Need to Know About Social Security, Medicare, and the Self-Employment Tax

Social Security and Medicare, the federal and state income taxation of Social Security, the ability of dependents to receive those benefits, self-employment tax and more in this podcast.

Judicial Notice of Facts and Judicial Notice of Law

ACTEC Fellows explain the impact of judicial notice of facts and judicial notice of law surrounding evidence and litigation of trusts and estates.

Lay Witness Opinion Testimony

The ins and outs of lay witness option testimony. A discussion of evidentiary issues surrounding lay people and Federal Rules of Evidence.

Intrafamily Business Sales and Loans

What to keep in mind when dealing with intrafamily business transactions, sales, and loans to avoid the scrutiny they receive from the IRS and the courts.

The Remainder Purchase Marital Trust

A detailed analysis of the advantages and considerations when using a Remainder Purchase Marital Trust, RPM Trust.

Business Entity Income Tax: Regulatory Rigidity Verses Flexibility

An explanation of the rigidity and flexibility of different business entities: C corporations, S corporations, partnerships and LLCs by tax experts.

S Corporation Death Traps

What happens when the principal shareholder of an S corporation dies? Solutions are discussed by estate planning experts.

Levitan v. Rosen Case

Are trusts considered marital property? A review of the Levitan v. Rosen and Pfannenstiehl v. Pfannenstiehl cases offer considerations when drafting of marital property provisions in trust documents.

The Life Insurance Transfer for Value Rule After the 2017 Tax Reform Act

What is the Life Insurance Transfer for Value Rule and how has it been changed following the Tax Reform Act? An expert on the topic explains what you need to know.

Update of Asset Protection Trust Litigation

A review of recent asset protection trust court cases - Wacker, Campbell, Cyr and Rensin - and offers the lessons learned from the rulings.

Self-Settled Spendthrift Trusts

Understand how to minimize the risks and avoid fraudulent transfer rulings with creating self-settled spendthrift trusts.

Self-Settled Spendthrift Trusts

Understand how to minimize the risks and avoid fraudulent transfer rulings with creating self-settled spendthrift trusts.

The New Illinois Trust Code

An overview of the new Illinois Trust Code, which is based on the Uniform Trust Code, by a veteran member of the task force.

Deemed Realization of Gains on Gratuitous Transfers

A discussion of ACTEC’s report provided to the US government on proposals to tax the deemed realization of gain on gratuitous transfers of appreciated property.

Qualified Opportunity Funds and Opportunity Zones

A deep dive into the benefits and concerns of Qualified Opportunity Funds and Opportunity Zones proposed regulations.

The SECURE Act

Understand the impacts of the SECURE Act and how it may affect non-spouse beneficiaries of retirement accounts.

The Impact of Tax Reform on Trusts After Divorce

The Tax Cut and Jobs Act had an enormous impact on existing trusts after divorce. Understand the impact and learn about ACTEC’s comments to the government and solutions to consider.

An Introduction to Charitable Pledges

How do charitable pledges work for both the donor and charity? Learn the basics in this podcast from trust and estate experts.

An Introduction to Individual Donor Advised Funds

An introduction to Individual Donor Advised Funds, the rules and advantages when compared to a private foundation.

Deferred and Flexible Charitable Gift Annuities

Understand how Charitable Gift Annuities, CGA, can be structured with predictable and/or flexible payment streams.

Charitable Gift Annuities

A Charitable Gift Annuity is a simple and cost effective estate planning tool that benefits charities and donors during their lifetime. Learn more from an expert on the subject.

A Primer on Charitable Lead Trusts

An overview of Charitable Lead Trusts including CLAT, CLUT, Grantor and Nongrantor Trusts from an estate expert.

Charitable Remainder Trusts (CRT)

Overview of Charitable Remainder Trusts, CRT, including CRAT, CRUT, Split-Interest Trusts and answers to frequently asked questions on the topic.

An Introduction to Private Foundation Excise Taxes

Complying with regulatory restrictions of private foundations can be confusing. Understand the issues that may arise and how to avoid excise taxes from an expert on the subject.

A Primer on Private Foundations

A primer on creating a charitable private foundation, federal tax rules, state laws and required corporate documents.

An Introduction to Individual Charitable Deductions

What you need to know regarding income tax charitable deductions for individuals following the 2017 Tax Cuts and Job Act from an estate planning expert.

Basic Charitable Giving

Overview of the fundamentals of basic charitable giving including income tax, the estate and gift tax, and donating to a foreign charity.

Balancing Independence and Vulnerability of Older Adults - Part 3

Learn what lawyers and society can do to protect an older adult’s independence and reduce stereotypes - especially women – from elder financial abuse.

Balancing Independence and Vulnerability of Older Adults - Part 2

Elder financial abuse and who commits it, how we can help protect the autonomy of older adults and understand what the law can do to protect against such abuses.

Balancing Independence and Vulnerability of Older Adults - Part 1

Many women have a longer lifespan than men. How does the differing longevity impact financial management and potential vulnerabilities?

Balancing Independence and Vulnerability of Older Adults - Synopsis

How do attorneys balance an older client’s independence while protecting their assets? Professor Radford offers a synopsis of her 3-part lecture that begins August 6.

North Carolina v. Kaestner: The Recent US Supreme Court Case on State Fiduciary Income Tax

Understand the effect on trusts and how to minimize state income tax following the Supreme Court’s decision in North Carolina v. Kaestner.

The Uniform Trust Code and the Future of American Trust Law

A discussion of the evolution of the Uniform Trust Code and the changes in trust and estate design and administration.

Depublication of the Special Needs Trust Case Scott v. McDonald

California Supreme Court depublishes Special Needs Trust Case Scott v. McDonald following Amicus Brief by ACTEC.

Marriage, Divorce and Asset Protection

Tips to protect assets in prenuptial agreements, divorce agreements, and how to manage associated estate taxes.

The US-Japan Estate, Inheritance and Gift Tax Treaty

Trust and estate expert explain the importance of the US-Japan Estate, Inheritance and Gift Tax Treaty and how it works.

Investment in UK Real Estate and Protected Settlement Update

Update on UK tax treatment of offshore income gains arising in protected settlements and how investing in UK real estate impact US citizens.

The New Uniform Fiduciary Income and Principal Act

A discussion of the Uniform Law Commission’s new Uniform Fiduciary Income and Principal Act, UFIPA, created in July 2018.

Third-Party Created Irrevocable Trusts: Protections and Pitfalls

Understand the ins-and-outs of third-party created irrevocable trust, examples and how they might vary between states.

The New Rules of Professional Conduct for Lawyers

A discussion of the interplay of four of the ABA’s Model Rules of Professional Conduct surrounding scope of representation, communication, confidentiality, and conflict of interest.

Lawyers as Trustees

How should a trust and estate attorney navigate the ethical and legal dilemma that occurs when a client asks for him or her to serve as a trustee?

Marrying into Elder Abuse

Elder abuse by marrying to obtain wealth is on the rise. Understand the inadequate and new laws surrounding the issue.

Lessons Learned Regarding Firm's Email Communication

Lessons learned after a court email of an order goes into a law firm’s spam filter. Understand what email management steps law firms should follow.

The Future is Here: Dealing with Bitcoins and Cryptocurrencies in Tax and Estate Planning

There are over 2,000 cryptocurrencies! Experts explain what fiduciaries and trust and estate practitioners need to know.

Musings on Contemporary Trust Issues

Issues facing the ULC regarding the Uniform Power of Appointment Act and the Uniform Directed Trust Act with an expert on the subject.

Hot Topics for Trust and Estate Practitioners

A review of 2019 hot topics for trust and estate practitioners including IRS Anti-Clawback and Section 199A regulations, GST Trust modifications and state tax developments.

Qualified Opportunity Funds and Opportunity Zones

ACTEC Fellow Kevin Matz explains how Qualified Opportunity Funds (QOF) and Opportunity Zones work and some of the intricacies as of March 2019.

Horton vs. Jones Case on Electronic Wills

Can a person create a valid will that is not formally executed as required by state law? Find out more about electronic wills through discussion of the Horton v. Jones case.

Introducing a Business Consultant to a Client Family

ACTEC Fellows discuss best practices of how to introduce a client to a new consultant.

The Fate of Settlor Intent in the World of Flexibility

ACTEC Fellows discuss irrevocable trusts historically to present day, recent cases, and what this means for planners, litigators, and trustees.

Effect of Recent Tax Reform Legislation on Divorce

ACTEC Fellow Justin Miller breaks down how the recent changes in tax reform impact divorce and taxes. Learn about the 5 big changes in tax reform on divorce from an expert in trust and estate law.

Trust Residency and State Tax Nexus Planning

ACTEC Fellows David Berek and Raj Malviya discuss the fiduciary income taxation of trusts, trust residency and taxation in light of recent development in Supreme Court and other case law.

The Unintended Consequences for Dynasty Trusts When Adoptions Are Not Recognized

ACTEC Fellow Professor Kristine Knaplund discusses the unintended consequences of adoption language in multi-generational and dynasty trusts in this ACTEC Trust and Estate Talk podcast.

ACTEC's Guide for Agents Acting Under Durable Power of Attorney

A sneak peek into ACTEC’s Guide for Agents Acting Under Power of Attorney, which will be released later this year. Learn more about the duties and responsibilities in this podcast.

Responsible Investing for the Modern Fiduciary

How does sustainable and responsible investing intersect with fiduciary duty? May a trustee consider environmental, social, and governance, ESG, factors?

The Ethical Hazards of Digital Assets

What trust and estate attorneys need to know to keep up with the advances in technology, especially in the area of digital assets is discussed by ACTEC Fellow John Rogers.

2018's Priority Guidance Plan from the IRS and Treasury

Beth Shapiro Kaufman breaks down what wealth advisors need to know about the IRS and Treasury’s release of the 2018 Priority Guidance Plan.

Follow Up on the 2017 Tax Cuts and Jobs Act

Congress enacted the Tax Cuts and Jobs Act of 2017 which doubled the estate, gift, and generation-skipping transfer tax exemption. Hear more about possible follow up legislation.

Section 199A and the 20% Deduction for Qualified Business Income

Discussion regarding the Department of Treasury and the Internal Revenue Service’s proposed regulations under Section 199A regarding 20% deduction for qualified business income.

Estate Planning and Trust Management for a Brave New World | Part 4 of 4

ACTEC Fellow Hugh Magill’s final episode in the lecture series discusses increased life expectancy of grantors, their beneficiaries, and the implications to trusts and estates.

Estate Planning and Trust Management for a Brave New World | Part 3 of 4

ACTEC Fellow Hugh Magill continues his lecture by discussing how trusts need to evolve to serve new family dynamics and issues in designing trusts for contemporary families.

Estate Planning and Trust Management for a Brave New World | Part 2 of 4

A presentation of how changing demographics and multiple generations impact the current world of estate planning and trust management.

Estate Planning and Trust Management for a Brave New World | Part 1 of 4

Estate planning and trust management across multigeneration families. How do lower marriage rate and non-traditional families affect financial planning, estate planning, financial services?

Lending in the Probate Context

What is probate lending and why you should consider including a spendthrift clause in a will is discussed by ACTEC Fellow Professor David Horton.

The Valuation and Reporting of Cryptocurrency on Income, Gift, and Estate Tax Returns

The valuation of cryptocurrency, IRS guidance on tax planning, and how to prepare for an appraisal are discussed by John Varga of MPI Business Valuation and Advisory.

How to Start the Formation of a Business Entity

A discussion of tax considerations when forming a business. Learn more about S corp, C corp, LLC, LLP, and tax reform in this podcast.

Navigating Between the Hard-Knock Life and Easy Street When Passing Assets to Children

The rights of children to receive property from intestate estates and how to pass property effectively to children is discussed by Judge Butts and ACTEC Fellow Jane Ditelberg.

Data Scraping

Data collection, data scraping, people analytics, UFADA and access to a decedent’s digital assets is the topic of this timely podcast.

The Uniform Guardianship, Conservatorship, and Other Protective Arrangements Act

An explanation of the Uniform Law Commission Act covering guardianship, conservatorship, power of attorney, protective arrangements, and guardianship of minors.

How to Sell a Law Practice

A discussion about how to comply with state bar rules, value the practice, and steps for selling a law practice.

Ethical Considerations in Representing Clients in Connection With Family Businesses

What are the ethical legal considerations when representing a family business? Tips on how to avoid conflict and proper estate representation.

Special Industry Concerns as they Relate to Estate Planning for Family Businesses

Franchisees, dealerships, distributorships, and particularly how third-party interests can impact estate planning for a family business.

Owner Control, Operations, and Shareholder Agreements

Understanding the importance of estate planning documents, shareholder and buy-sell agreements in family and owner-controlled businesses.

Best Practices for the Governance, Operation, and Management of a Business Entity

Understanding the legal best practices for governance, operation, and management of closely-held and family businesses as discussed by an expert.

Litigation Issues Involving Children in Estate Planning

What happens when the governing trust or estate is embroiled in litigation with beneficiaries that are children or minors? Learn more about Guardian Ad Litem and other nuances in this podcast.

Funeral Arrangements and Disposition of Human Remains

Legal and practical challenges are evolving with the respect of funeral arrangements and disposition of human remains. Listen to issues that may be avoided with proper estate planning.

Elder Financial Abuse: The Crime of the 21st Century

As the tradition of the close-knit family generation vanishes in America an epidemic of elder financial abuse is sweeping the country. ACTEC Fellows discuss this complicated topic in this podcast.

Situs and the Resident Trust

Is a change of situs a must if there are taxes to be saved? Learn more about issues pertaining to the fiduciary income tax that states impose on Trusts with Rich Greenberg, Dick Nenno, and Margaret Sager.

The Digital Will Revolution

Digital will, electronic will, e-will… no matter what you call it, practitioners will be confronted with this new type of will in the very near future. Learn more in this podcast.

Pre-Contest Planning

There are many techniques that may discourage challenges to your client’s estate planning documents, including steps the planner should take/avoid taking to assure client’s wishes are followed.

9100 Relief: Jumping Through the Hoops When You Learn You have an "Oops!"

9100 Relief for missed or mishandled tax elections is broader, more frequently needed, and thus a lot more useful than many estate planners realize.

State Law Pitfalls: Don't Step in It When Your Client Steps Across State Lines

There are many pitfalls when an estate plan or trust cross state lines. ACTEC Fellows offer things to consider when drafting a will.

Powers of Appointment: From Snoozy to Sexy

Powers of appointment keep long-term trusts evergreen, to be responsive to changing family, tax, and economic landscapes and to transform old assets.

The New Partnership Audit Rules and Why They Are So Important for Estate Planners

New partnership audit rules began in 2018 that have procedural and substantive effects. Learn more from ACTEC Fellows Steve Gorin and James Lee.

Do You Have All the Tools to Deal with Your Client's IRA Custodian?

Hear the ins and outs of issues that may arise with client’s IRA custodian from ACTEC Fellow Svetlana Beckman.

The GoFundMe Revolution

The GoFundMe Revolution: What Happens Once the Money Has Been Raised? Individual fundraising has gone digital and the funds raised are exponentially greater than in the past, however, the legal tax and fiduciary issues facing the money raised remain murky and largely unregulated.

What's in Your Creditor Protection Toolbox for Clients?

There are many tools available to planners to help them achieve client creditors’ protection objectives without the need for a self-settled asset protection trust. Hear ACTEC Fellows discuss asset-protection strategies such as Tenancy by the Entirety, asset protection trusts, discretionary trusts, and more.

Hot Topics in Estate Planning

Hear about the Hot Topics in estate planning regarding the new tax act relating to increased exemption and marital planning in the estate.

Confronting the Challenges of Tax Reform

Highlights of the 2017 tax reform and its challenges in the trust and estate field. Several laws remain untouched from the reform but many others have drastically changed provisions in the estate and gift area until 2026.

Privileged Communication in Estate Planning and Advising

How can estate planners keep privileged communication safe when working with other advisors and professionals? ACTEC Fellows tackle attorney-client privilege and privileged communication issues.

The Security of Clients' Information and What Attorneys Need to Know

Do practicing lawyers have ethical and legal duties with the use of technology in the practice of law? ACTEC Fellows discuss protecting client information and ethical responsibility.

What Estate Planners Need to Know About the Uniform Voidable Transactions Act

ACTEC Fellows discuss what problems trust and estate counselors need to be aware of with the Uniform Voidable Transactions Act when advising clients.

Twenty Years of Domestic Asset Protection Trusts in the United States

ACTEC Fellows Don Sparks and Amy Kanyuk discuss 20 years of Asset Protection Trust Legislation in the United States. What do practitioners need to be aware of when moving assets between states?

Thoughts Regarding the Withdrawal in 2017 of the Proposed Section 2704 Estate Tax Regulations

Ron Aucutt, ACTEC Fellow from Tysons Corner, Virginia shared his perspective in October 2017 of Treasury’s withdrawal of Section 2704 proposed regulations on valuation for transfer tax purposes. There are many valuable insights in this podcast as a revised set of regulations may yet be reproposed at some point by Treasury.

What Should Attorneys Have in Their Engagement Letters?

Engagement Letters or Engagement Agreements are an invaluable tool for attorney’s setting the stage for the representation and managing a client’s expectations. ACTEC Fellows discuss the ins and outs of effective agreements.

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