Lessons Learned from the Estate of Lisa Marie Presley
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.
Managing Guns in Your Estate
Estate planning experts explain the complexity of transferring firearms and guns in your will and offer tips regarding what to consider when bequeathing weapons.
ACTEC Foundation 2023 Annual Meeting Newsletter
Help spread the news about the incredible work of The ACTEC Foundation and its grants supporting student writing, publications, young leaders and more!
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 Special Needs Trusts
Estate planning experts explain the different types of Special Needs Trusts (SNT) and offer tips to families to determine which one they should use.
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, 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 (Pt. 1 of 4)
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 offer 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.
Consider supporting The ACTEC Foundation on Giving Tuesday. Your donations support trust and estate education and the profession.
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.
ACTEC Foundation 2022 Fall Meeting Newsletter
Learn about the future of The ACTEC Foundation, what President Jeff Thede calls “Foundation 3.0” and recent program successes.
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, Thoughts in a UTC State
Understand ways to amend an irrevocable trust under the Uniform Trust Code (UTC), including a decanting transaction from a trust and estate expert.
Mary Moers Wenig 2022 Student Writing Competition Winners
The American College of Trust and Estate Counsel (ACTEC) Foundation today announced the 2022 winners of the Mary Moers Wenig Student Writing Competition.
Common IRA Beneficiary Scenarios
There are no do-overs with IRA beneficiaries! Understand the typical IRA beneficiary scenarios and why it’s critical to review every time you set up an IRA.
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.
Understanding Cryptocurrency in Estate Planning
Understand how to manage cryptocurrency in your estate and plan for the succession of your digital assets from estate planning experts.
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
What is 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.
Tips for Managing Digital Assets of a Deceased or Disabled Person
Tips for adding a legacy contact to email/social media accounts; recommendations for executors accessing digital property of disabled/deceased persons with no legacy contact.
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.
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 Leaders
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.