Owning Property and Titling Assets
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.
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 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.
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
“An Analysis of Wyoming’s Asset Protection Provisions,” that’s the subject of today’s ACTEC Trust and Estate Talk. Transcript/Show Notes I’m Stacy Singer, an ACTEC Fellow from Chicago. Wyoming has had recent changes to its state law primarily related to asset...
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?
L. Henry Gissel, Jr. Race of the Yearlings – April 14 Derby Update
Current race results from week two of The ACTEC Foundation’s Spring Derby fundraiser.
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
“The New Corporate Transparency Act,” 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. The Corporate Transparency Act, or CTA, was enacted on January 1st, 2021 as part of the...
The L. Henry Gissel, Jr. Race of the Yearlings – April 2 Update
The L. Henry Gissel, Jr. Race of the Yearlings kicked off yesterday, April 1, with five stellar jockeys! As of Friday, April 2 at 2:00 pm, Lora Davis, riding The Patriot Gissel, is in the lead with and Bruce Ross, riding ACTECrox is in second place.
Should your Adult Child be a Co-Signer on your Bank Account?
Estate planning experts explain why it is a bad idea to have an adult child as a co-signer on a bank account.
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.
Inheritance and Estate Settlement
Experts in estate planning answer common questions regarding when beneficiaries of a will or trust will receive their inheritance.
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.
2021 Annual Meeting Newsletter
Catch up on The ACTEC Foundation’s accomplishments providing valuable content and supporting law students, professionals and families.
Common Ways to Title Your Home
Understand your options when titling your home Tenancy by the Entirety (TBE), Joint Tenants with Rights of Survivorship (JTWROS) and Tenancy in Common (TIC), and more.
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.
Social Security Retirement Age and Benefits
Understand when you should take Social Security retirement benefits and how the decision may result in a reduction of income for dependents.
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.
Voices of The ACTEC Foundation: President Jeffrey Thede
The ACTEC Foundation President, ACTEC Fellow Jeffrey C. Thede wraps up 2020 and thanking donors for their support.
Gift Tax Exemption
Learn about the significance of gift tax exemption and estate tax exemption when considering a lifetime gift in estate planning.
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.
Voices of The ACTEC Foundation: ACTEC Trust and Estate Talk
ACTEC Trust & Estate Talk is a product that wealth management professionals and law students rely on to provide substantive T&E information.
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.
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.