Who Pays Taxes on a Gift?
Learn about the significance of gift tax exemption and estate tax exemption when considering a lifetime gift in estate planning.
Voices of The ACTEC Foundation: The Commons Law Center
The Commons Law Center is an inspiring program that promotes estate planning services in low income and diverse communities.
Potential Anti-Abuse Rules and a Client’s Remaining Gift Tax Exemption
Learn about the risks of using gift and estate tax exemption that could impact the use of the remaining gift and estate tax exemption.
Giving Tuesday
Consider supporting The ACTEC Foundation on Giving Tuesday. Your donations support trust and estate education and the profession.
Truth, Transparency, and the Right of Privacy | Part 3 of 3
The conclusion of “Truth, Transparency, and the Right of Privacy.” Duncan Osborne shares his views on balancing attorney-client privilege and an individual’s right to privacy.
Voices of The ACTEC Foundation: ACTEC Family Estate Planning Guide
Understand the value of the ACTEC Family Estate Planning Guide videos that explain trust and estate planning basics.
Truth, Transparency, and the Right of Privacy | Part 2 of 3
Pt. 2 of Truth, Transparency, and the Right of Privacy. Duncan Osborne, a chair of the Financial Action Task Force, shares lessons learned from FATF.
Wills for the Underserved Program
An inspiring video that details how law schools can provide estate planning and wills for underserved and vulnerable populations.
Truth, Transparency, and the Right of Privacy | Part 1 of 3
“Truth, Transparency, and the Right of Privacy” – Part 1 – from Duncan Osborne, a chair of the FATF and past-president of ACTEC.
What is a Prenuptial Agreement?
Learn when it’s important to create a premarital agreement and what to consider if you live in a community property state from ACTEC Fellows.
Voices of The ACTEC Foundation: Intestacy Laws Research
Professor Danaya Wright and her team of law students discuss findings regarding their research of intestacy laws and nontraditional families.
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.
Voices of The ACTEC Foundation: Student Writing Competition
Learn how winning first place in the Mary Moers Wenig Student Writing Competition impacted this student’s career in trust and estate law.
Spotlight on Grant Recipient, The Commons Law Center
Learn how the Commons Law Center is providing pro bono legal services to longtime, low-income homeowners in Portland.
The ACTEC Foundation Announces Support for The Commons Law Center
The ACTEC Foundation today announced its support of the Commons Law Center and $23,000 grant to leverage estate planning for low-income homeowners.
Voices of The ACTEC Foundation: Young Leaders
Graduates of the Dennis I. Belcher Young Leaders Program share how the program helped them engage in the trust and estate community.
The ACTEC Foundation 2020 Fall Meeting Newsletter
President's Message In this issue, you will find articles on several Foundation projects, including a recent grant The ACTEC Foundation made to The Commons Law Center. This grant will help provide estate planning services to lower income people in Portland, Oregon. ...
What is Community Property?
Understand what community property is, how it affects assets such as a home or a business, what is quasi-community property and more.
How DNA Testing is Shaking Up Estate Plans | DNA Testing for Inheritance
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.
The ACTEC Foundation Announces 2020-2022 Class of Dennis I. Belcher Young Leaders
Jeffrey C. Thede, President, The ACTEC Foundation and Terrence M. Franklin, Chair, ACTEC Diversity, Equity & Inclusivity Committee are pleased to announce the sixth class of Dennis I. Belcher ACTEC Young Leaders.
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?
The ACTEC Foundation Announces Mary Moers Wenig 2020 Student Writing Competition Winners
The ACTEC Foundation today announced the 2020 winners of the Mary Moers Wenig Student Writing Competition.
Motivating Heirs with an Incentive Trust
Learn the benefits and pitfalls of incentive trusts when motiving heirs or beneficiaries and rewarding behavior.
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.
The ACTEC Foundation Mourns the Death of Past President L. Henry Gissel, Jr.
The ACTEC Foundation is sad to share the news of the death of former President L. Henry Gissel, Jr. Henry served as President of The Foundation from 2017 through March of this year.
2020-2022 Class of Dennis I. Belcher Young Leaders
Announcement of 2020-2022 Class of Dennis I. Belcher Young Leaders that gives young lawyers an opportunity to be involved with RPTE and ACTEC.
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
“Loose Lips Might Sink Ships—The Ethics of Disclosure by Estate Planners,” that is the subject of today’s ACTEC Trust and Estate Talk. Transcript/Show Notes This is Travis Hayes, ACTEC Fellow from Naples, FL. Have you ever received a letter requesting a copy of your...
Gift Tax, the Annual Exclusion and Estate Planning
Understand when gift tax comes into play, how the age of the recipient impacts gift tax, efficient ways to transfer property, the annual exclusion and more from experts.
Trusts for Disabled and Chronically Ill Beneficiaries under the SECURE Act | Special Needs Trust
An explanation of how the SECURE Act impacts special needs trusts, AMBTs, and disabled and chronically ill beneficiaries from experts in the subject.
New Student Editors at the ACTEC Law Journal
The ACTEC Law Journal announces new student Editor-in-Chief from the Maurice A. Deane School of Law at Hofstra University.
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 in the 2020 Election Year
Learn what steps taxpayers may want to consider and how to plan for future legislation, changes in the estate gift tax exemption and charitable giving.
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.
Estate Planning Strategies for Retiring Abroad
Retiring abroad? Learn what estate planning information to keep in mind when moving overseas, such as guardianship considerations.
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.
Estate Planning Considerations for Small Business Owners
Small business owners need to plan for the transition of their company in their estate plan. Learn about the impact of state laws and how to plan for estate taxes.
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 discussion of charitable gift agreements and the necessary preparation for negotiating and drafting an agreement to protect the client.
A Successful Run for the Spring Derby
All seven jockeys crossed the finish line, each raising a minimum of $2,200, with winner Melissa Willms on OverWillms’d making her way around the track twice!
Estate Planning for Entertainment Clients
Discussion is aimed at entertainment industry audience regarding issues related to their assets and rights, such as name/likeness rights and house trusts.
Utilizing Positive Psychology in Your Estate Plan
Learn the role of positive psychology and communication when creating your estate plan and leaving assets to family and beneficiaries.
The ACTEC Foundation Run for The Spring Derby Update III
All three of these first-time winners have met their fundraising goal of $2,200! Now we need to bring the rest of our jockeys and their horses over the finish line.
Lending and Estate Planning
Estate planning lending techniques including a Graegin loan, GRAT, IDGT, and life insurance premium financing.
The ACTEC Foundation Run for The Spring Derby Update II
Do we have a winner for the first running of The ACTEC Foundation’s Run for the Spring Derby? The crowd is holding their breath…
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.
The ACTEC Foundation Run for the Spring Derby Update I
The 2020 ACTEC Foundation Spring Derby is well underway! Jockey Melissa Willms on OverWillms’d is very close to taking the win!
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.
Can I Change My Irrevocable Trust?
Learn what changing an irrevocable trust entails, what it means to decant a trust, what courts can do and other pitfalls from trust and estate experts.
ACTEC Foundation Spring Derby – And they’re off!
And they’re off! The ACTEC Foundation’s Spring Derby has officially opened! Please support your favorite jockey and horse with a donation today.
2020 Summer Newsletter
Jeff Thede is proud to share his first newsletter as President of The ACTEC Foundation.
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 – SECURE Act Special
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.
Special Needs Trusts
Estate planning experts explain the different types of special needs trusts, what to consider to avoid losing public benefits like Medicaid, and other potential pitfalls.
Designing and Drafting Trusts in Light of the SECURE Act
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.
The ACTEC Foundation Presents First Distinguished Service Award
The ACTEC Foundation’s first Distinguished Service Award was presented jointly to Judith W. and Howard M. McCue during the 2020 Annual Meeting in March.
Updating Existing Estate Plans Under the SECURE Act
Recommendations for trust and estate attorneys as to what to discuss with clients and next steps following the SECURE Act.
ACTEC Foundation Supports Development of Mentoring Program Helping Underserved Communities
The ACTEC Foundation today announced the launch of a Wills for the Underserved Program, a mentorship program funded by The ACTEC Foundation.
Advance Medical Directives: Living Will, Medical Orders (MOLST & POLST), DNR
Advance directives are documents that express an individual’s health care wishes. Learn more about a Living Will, Healthcare Proxy, MOLST, POLST, and DNR orders.
Autonomy in Estate Planning
Experts discuss how to build autonomy in estate planning with next-generation beneficiaries through trust, purpose and opportunity grants.
Getting Your Affairs in Order: Essential Legal Documents
What legal documents should we have in place to prepare for an emergency, such as the Coronavirus pandemic?
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.
How the SECURE Act May Impact Your Retirement Plan
The SECURE Act, enacted in December 2019, changes everything in regard to estate planning with retirement benefits. Learn more from the experts.
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 | Resolving Trustee Disputes
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
Experts explain the characteristics of alternative investments, the risks associated with them, and how to identify the estate planning risks.
Estate Planning for a College Student or Young Adult
Understand what documents you should discuss and prepare for your college-bound and young adult when they turn 18, a legal adult.
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.
2020 Annual Meeting Newsletter
The ACTEC Foundation reports on Grant Recipient, Danaya Wright, the Lloyd Leva Plaine Distinguished Lecture by Michael Greenwald and more.
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.
Transferring Assets to a Minor Child
How to transfer assets to minor children, the Uniform Transfers to Minors Act (UTMA), 529 plans, naming a caregiver for a minor child in a Will and more.
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 opinion 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.
A Child’s Right to Information When a Parent Dies
What are your rights to information in a Will after the death of your parent or relative? Do you need a lawyer? Learn these answers and more in this video.
Spotlight on Grant Recipient, Danaya Wright
Article on Danaya Wright’s grant for an empirical study regarding the nature of testamentary disposition of assets by persons in nontraditional families.
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 Versus 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.
Coordinating Beneficiary Designations with the Overall Estate Plan
Assets such as life insurance, annuities, pension plans, 401ks and IRAs have beneficiary designation forms as part of the set-up process.
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.
Digital Asset Management in Life and Death
Understand how to plan and manage your digital assets such as photos, email accounts and passwords during life and in your estate documents.
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 review 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.
Symposium Grant for “Wealth Transfer Law in Comparative and International Perspective”
The ATCEC Foundation was proud to support the Symposium “Wealth Transfer Law in Comparative and International Perspective” through a grant of $20,000.
5 Reasons to Update Your Estate Plan
ACTEC Fellows discuss 5 reasons why you may want to update your Will and Estate Plan, such as after a move or divorce, when your children have grown or have substance abuse problems, or if you own a business.
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.