An overview of how to title property – joint ownership, tenancy in common, joint tenancy with right of survivorship, tenants by the entirety and community property.
Learn from ACTEC trust and estate planning experts when attorney client privilege can be waived or except.
Learn about the latest legal developments with regard to the Biometric Information Privacy Act, biometric recognition and an individual’s personal privacy.
Catch up on The ACTEC Foundation’s accomplishments providing valuable content and supporting law students, professionals and families.
An expert on art law, Nicholas O’Donnell, offers his tips and questions to avoid litigation when selling or buying fine art.
Tips that dealers, buyers, and collectors can use to determine their art’s provenance risk exposure.
Estate planning art expert explains the options art owners have to dispose of their assets – selling, gifting or donating art collections.
Understand when you should take Social Security retirement benefits and how the decision may result in a reduction of income for dependents.
How to help clients structure trusts so that the inheritances to beneficiaries are protected in the event of a divorce.
A recap of the Treasury Department and IRS’s Priority Guidance Plan for the 12 months from July 2020 through June 2021.
An explanation of beneficiary designations and income tax consequences related to ERISA and qualified plans during divorce.
An overview of comments ACTEC submitted to Treasury on 10/5/20 issues regarding proposed regulations under IRS Code Section 1061.
The ACTEC Foundation President, ACTEC Fellow Jeffrey C. Thede wraps up 2020 and thanking donors for their support.
Learn about the significance of gift tax exemption and estate tax exemption when considering a lifetime gift in estate planning.
COVID-19 has ravaged U.S. nursing homes. Professor David English offers valuable information, resources and guidance for 2020 and beyond.
ACTEC Trust & Estate Talk is a product that wealth management professionals and law students rely on to provide substantive T&E information.
Gifts of assets, securities or cash to beneficiaries in community property states can be complicated. Here’s what you need to know.
Learn about the significance of gift tax exemption and estate tax exemption when considering a lifetime gift in estate planning.
The Commons Law Center is an inspiring program that promotes estate planning services in low income and diverse communities.
Learn about the risks of using gift and estate tax exemption that could impact the use of the remaining gift and estate tax exemption.
Consider supporting The ACTEC Foundation on Giving Tuesday. Your donations support trust and estate education and the profession.
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.
Understand the value of the ACTEC Family Estate Planning Guide videos that explain trust and estate planning basics.
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.
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 – from Duncan Osborne, a chair of the FATF and past-president of ACTEC.
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.
Professor Danaya Wright and her team of law students discuss findings regarding their research of intestacy laws and nontraditional families.
A discussion of how truth, transparency, and an individual’s right to privacy affect attorney-client privilege and the law.
Learn how winning first place in the Mary Moers Wenig Student Writing Competition impacted this student’s career in trust and estate law.
Learn how the Commons Law Center is providing pro bono legal services to longtime, low-income homeowners in Portland.
The ACTEC Foundation today announced its support of the Commons Law Center and $23,000 grant to leverage estate planning for low-income homeowners.
Graduates of the Dennis I. Belcher Young Leaders Program share how the program helped them engage in the trust and estate community.
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. ...
Understand what community property is, how it affects assets such as a home or a business, what is quasi-community property and more.
A discussion of the impact of DNA testing on inheritance, intestacy laws, surrogacy, and use of frozen embryos postmortem.
An estate planning expert explains the potential business planning issues when giving a family office an interest in an investment partnership it manages.
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.
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 today announced the 2020 winners of the Mary Moers Wenig Student Writing Competition.
Learn the benefits and pitfalls of incentive trusts when motiving heirs or beneficiaries and rewarding behavior.
A review of the dangers of borrowing from a charitable endowment fund during the 2020 pandemic and financial crisis.
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.
Announcement of 2020-2022 Class of Dennis I. Belcher Young Leaders that gives young lawyers an opportunity to be involved with RPTE and ACTEC.
What is ante-mortem probate? How does it differ from premortem probate and is it the ultimate will contest prevention technique?
“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...
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.
An explanation of how the SECURE Act impacts special needs trusts, AMBTs, and disabled and chronically ill beneficiaries from experts in the subject.
The ACTEC Law Journal announces new student Editor-in-Chief from the Maurice A. Deane School of Law at Hofstra University.
Unique insight into possible estate and gift tax legislation, transfer tax legislation, during and following the 2020 election year.
Reviewing and creating estate planning documents – POA, medical directives and living wills during the COVID-19 pandemic.
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.
2020 estate planning strategies including the gift tax annual exclusion, IRS code 2503(e), low interest loans to family, SLATs and CLTs.
Retiring abroad? Learn what estate planning information to keep in mind when moving overseas, such as guardianship considerations.
An expert estate planning attorney reviews the options available for reporting the income tax from grantor trusts.
Information for estate planners when a will or trust includes a beneficiary who resides abroad including residents of Israel and the UK.
An explanation of how gifts from non-US persons can pass completely free of US gift tax if they are done correctly.
A deep dive into IRS Code Section 7872 and how to utilize the code in intrafamily loans and split-dollar loans.
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.
An overview of how Charitable LLCs can be used legitimately and possibly abused when pushed too far.
A discussion of charitable gift agreements and the necessary preparation for negotiating and drafting an agreement to protect the client.
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!
Discussion is aimed at entertainment industry audience regarding issues related to their assets and rights, such as name/likeness rights and house trusts.
Learn the role of positive psychology and communication when creating your estate plan and leaving assets to family and beneficiaries.
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.
Estate planning lending techniques including a Graegin loan, GRAT, IDGT, and life insurance premium financing.
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 planning experts discuss the gifting risks for moderate estates that want the flexibility to access assets in the future.
The 2020 ACTEC Foundation Spring Derby is well underway! Jockey Melissa Willms on OverWillms’d is very close to taking the win!
A discussion of The Uniform Law Commission’s new Electronic Wills Act from ACTEC Fellows that chaired the drafting committee.
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.
And they’re off! The ACTEC Foundation’s Spring Derby has officially opened! Please support your favorite jockey and horse with a donation today.
Jeff Thede is proud to share his first newsletter as President of The ACTEC Foundation.
An explanation of how Medicare benefits work, especially Medicare Parts A, B, D, disability requirements and the penalties associated with not enrolling on time.
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.
The new SECURE Act provides tailored treatment for special needs and disabled beneficiaries. Learn how the SECURE Act impacts these special beneficiary categories.
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.
Conduit and accumulation trusts have changed under the SECURE Act. Learn how to mix and match under the new law.
Understanding the SECURE Act’s impact on common estate planning issues such as naming surviving spouses and adult children as beneficiaries.
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.
Recommendations for trust and estate attorneys as to what to discuss with clients and next steps following the SECURE Act.
The ACTEC Foundation today announced the launch of a Wills for the Underserved Program, a mentorship program funded by The ACTEC Foundation.
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.
Experts discuss how to build autonomy in estate planning with next-generation beneficiaries through trust, purpose and opportunity grants.
What legal documents should we have in place to prepare for an emergency, such as the Coronavirus pandemic?
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 SECURE Act, enacted in December 2019, changes everything in regard to estate planning with retirement benefits. Learn more from the experts.
ACTEC Fellows discuss the importance of creating positive experiences for beneficiaries in your estate plan.
What can you do when co-trustees disagree? How can you resolve trustee deadlocks? Learn more in this podcast.
Experts explain the characteristics of alternative investments, the risks associated with them, and how to identify the estate planning risks.
Understand what documents you should discuss and prepare for your college-bound and young adult when they turn 18, a legal adult.
Learn about the guardianship policies of substituted judgment and best interest that guardians should consider when making decisions for a vulnerable person.
The ACTEC Foundation reports on Grant Recipient, Danaya Wright, the Lloyd Leva Plaine Distinguished Lecture by Michael Greenwald and more.
Powers of Attorney and Guardianship vary from state to state and internationally. Learn more about their portability and what’s recognized overseas.
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.
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.
ACTEC Fellows explain the impact of judicial notice of facts and judicial notice of law surrounding evidence and litigation of trusts and estates.
The ins and outs of lay witness opinion testimony. A discussion of evidentiary issues surrounding lay people and Federal Rules of Evidence.
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.
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.