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.
Conflicts of Interest When Representing Fiduciaries
Tips for estate planners to avoid and understand potential conflicts of interest that can arise in representing fiduciaries.
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.
529 Plan Pros and Cons
Estate experts answer parents’ and families’ questions about how 529 Plans work and what you need to keep in mind when saving for higher education.
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 – Part 3 of 3
The conclusion of the 2022 Trachtman Memorial Lecture by Ron Aucutt, where he shares his wisdom and offers closing thoughts for estate counselors.
ACTEC Foundation 2022 Summer Meeting Newsletter
Read about the success of the Spring Derby Fundraiser and the recognition of Foundation-supported productions by the Academy of Interactive and Visual Arts.
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 Memorial Lecture by Ronald D. Aucutt, where he encourages practitioners and shares strategies to help clients identify and 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.
The 2022 Spring Derby raised over $32,000 for The ACTEC Foundation!
It was a race for the ages! Throughout the 2022 ACTEC Foundation Run for the Regions, the jockeys vied neck and neck to win the coveted Derby Cup! FINAL RESULTS
ACTEC Foundation Programs Recognized by the Academy of Interactive and Visual Arts
ACTEC received 5 (five) Communicator Awards for programs made possible through the support of The ACTEC Foundation.
An Introduction to the Corporate Transparency Act (CTA)
An overview of how wealth planners and T&E practitioners can comply with the proposed anti-money laundering rules of the Corporate Transparency Act.
Derby Update: Who’s Going to Come in 2nd?
New England’s Janet Moore on Love that Copper Penny is channeling Kentucky Derby winner Rich Strike with a sudden burst to now second place!
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.
When and How to Use a Prenuptial Agreement
Experts in estate planning explain what a prenuptial agreement (a.k.a. premarital agreement) is, why you should get one, when in the marriage planning process to discuss it, and more.
Race of the Regions Update – Win, Place or Show?
Unbelievable! Farhad Aghdami, representing the Southeast Region on Sweet Virginia, is making hay in his flashy riding silks on his SECOND run around the track.
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.
Race of the Regions – Derby Update
The 2022 ACTEC Foundation Spring Derby galloped to a start on Monday, with eight jockeys Riding for the Cup in the third ACTEC Foundation Spring Derby. As of Friday morning, jockeys have raised $10,250 to benefit the important resources the Foundation provides....
Key Roles Involved in an Estate Plan
An explanation of the roles and responsibleness involved in a will, trust, or estate plan such as fiduciary, agent, executor, trustee, and guardian.
Race of the Regions – Derby Update
The 2022 ACTEC Foundation Spring Derby galloped to a start on Monday! As of this afternoon, the Regions have raised over $5,000 to benefit the important resources The Foundation provides.
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.
Can I Do a Will for Myself?
Understand the pros and cons of writing a will for yourself and what should be considered when planning for the disposition of your assets.
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 states.
ACTEC Law Journal: Dedicated to Trust and Estate Topics for Nearly 50 Years
ACTEC Law Journal 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
“Advising Transgender Clients on Estate Planning and Vital Records,” that’s the subject of today's ACTEC Trust and Estate Talk. Transcript/Show Notes This is Natalie Perry, ACTEC Fellow from Chicago, Illinois. Transgender, or trans, people may decide to change their...
How to Talk with Your Family About Estate Planning
Recommendations for how and when to talk with your family about your estate plan, will and other documents by expert trust and estate attorneys.
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.
2022 Annual Meeting Newsletter
Read of the success of the Planning for a Diverse and Equitable Future video series, the student writing competition for law students, and more.
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
“Dealing with Unwanted Irrevocable Trusts and Basis Issues,” that’s the subject of today’s ACTEC Trust and Estate Talk. Transcript/Show Notes This is Travis Hayes, ACTEC Fellow from Naples, Florida. There has been an increase in the use of irrevocable trusts and the...
How to Pay for College for a Grandchild or Someone Else
Tax experts offer recommendations to grandparents and benefactors on how to contribute to a student’s education without jeopardizing grants and paying taxes.
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, T.C. Memo 2021-127, 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.
How to Talk With Your Parents About Estate Planning
Trust and estate lawyers offer recommendations for how to have critical conversations with your parents about end-of-life planning and estate documents.
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, beneficiary defective inheritor trusts BDITs, and beneficiary deemed owner trusts BDOTs.
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.
Understanding Life Insurance Policy Ownership
Answers to life insurance policy ownership questions, insurance options, an explanation of irrevocable life insurance trust and more from an estate expert.
Conflict of Laws and Relation-Back of Powers of Appointment
ABA RPT Law Journal author offers an overview on 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.
Life Insurance Policies and Estate Planning
A general overview of the risks and rewards associated with term and permanent life insurance policies and factors to consider in choosing the right policy.
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
“Traps Await for Beneficiary-Owned Trusts Under Section 678,” that’s the subject of today’s ACTEC Trust and Estate Talk. Transcript/Show Notes This is Travis Hayes, ACTEC Fellow from Naples, Florida. There are some great planning strategies using beneficiary-owned...
Announcing the 2021-2023 Class of Dennis I. Belcher Young Leader
The ACTEC Foundation is pleased to announce the seventh class of Dennis I. Belcher ACTEC Young Leaders.
Estate Tax Returns
Estate Planning experts give a step-by-step overview of the estate tax preparation and filing process. What clients should know about the return, extension, exemption, and IRS response.
What is Estate Administration?
What happens if someone dies without a will? Estate planning experts answer pressing questions for families and beneficiaries.
Closely Held Business, Tiered Entities and Proposed 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.
The ACTEC Foundation Announces Mary Moers Wenig 2021 Student Writing Competition Winners
The ACTEC Foundation today announced the 2021 winners of the Mary Moers Wenig Student Writing Competition.
Don’t Guess and Make a Mess 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.
Postmortem Planning
An overview of what estate planning decisions can be made postmortem and pre-mortem, including taxes, decanting, and portability considerations.
2021 Fall Newsletter
Read about the success of The ACTEC Foundation-funded podcast and video series, Tulane’s symposium, and more.
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.
Symposium on Conflict of Laws in Trusts and Estates
The Conflict of Laws in Trusts and Estates Symposium will be held at the Tulane University School of Law on Friday, October 21, 2022.
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.
The Basics of Fiduciary Income Taxation
An explanation of fiduciary income tax and how it is different from the estate tax.
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.
2021-2022 ACTEC Law Journal Student Editorial Board
Update on 2021-2022 ACTEC Law Journal Student Editorial Board at The Maurice A. Deane School of Law at Hofstra University.
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.
What is Portability for Estate and Gift Tax?
An explanation of portability of the estate and gift tax exemption and what to consider if electing to use it.
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
“Modernizing Section 6166,” that’s the subject of today’s ACTEC Trust and Estate Talk. Transcript/Show Notes This is Stacy Singer, an ACTEC Fellow from Chicago. ACTEC’s Tax Policy Study Committee has submitted to Congress a proposal regarding revision to Internal...
Taxes Emerging in Europe to Pay the Cost of COVID
“Taxes Emerging in Europe to Pay the Costs of COVID,” that’s the subject of today’s ACTEC Trust and Estate Talk. Transcript/Show Notes This is Doug Stanley, ACTEC Fellow from St. Louis, Missouri. During the COVID pandemic in many jurisdictions in Europe, there had...
Economic Rights of Unmarried Cohabitants
Co-chair of the ULC’s Cohabitants Economic Remedies Act Committee explains the importance of having laws concerning the economic rights of unmarried cohabitants.
Pitfalls of Do-It-Yourself Estate Planning
A discussion of what consumers need to know about using do-it-yourself estate planning documents and DIY wills.
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.
What to Expect After Hiring an Attorney
Tips on what to keep in mind when working with an attorney, including the difference between individual, joint and family representation.
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.
How to Choose an Estate Planning Attorney
Finding and choosing an estate planning attorney can be intimidating. Learn where you can go online to find qualified estate planning attorneys.
The ACTEC Foundation 2021 Summer Meeting Newsletter
Read the Summer update of the ACTEC Foundation.
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
Summary of IRS guidance issued due to COVID-19, Notice 2021-10, to qualified opportunity funds investors and qualified opportunity fund zones.
Alternatives to Guardianship
Learn about alternatives to guardianship including revocable trusts, POA, medical orders and social security options from experts.
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.
Down to the Wire – 2021 L. Henry Gissel Jr. Race of the Yearlings
Read about the exciting final leg, a race to the wire of The ACTEC Foundation Spring Derby.
L. Henry Gissel, Jr. Race of the Yearlings – Home Stretch!
This race is coming down to the wire and ends on Monday, May 3 at noon. Support your favorite rider today.
Trust Protectors
A discussion of the benefits and pitfalls of trust protectors from trust and estate experts.
Supported Decision-Making
Experts on supported decision-making explain how this alternative to guardianship works and answer many questions families may have.
L. Henry Gissel, Jr. Race of the Yearlings – April 21 Derby Update
Derby Update - April 21, 2021 All five jockeys have run the track once and are on their way around again! By barely a nose, Benetta Park on BeastNoRest has stolen the lead once again from The Patriot Gissel, ridden by jockey Lora Davis. These fillies are burning up...
Bitcoin Craze: Investment and Fiduciary Implications
What bitcoin investment considerations should estate planners study and what are the fiduciary responsibilities around those investments?