AI-Related Practice Management Considerations for Law Firms
A discussion for law firms about how to incorporate AI in their practice management, including staff considerations, the “billable hour,” and more.
The Ethical Use of Artificial Intelligence in Trust & Estate Law
A law professor offers insights into the risks, rewards, duties and ethical considerations of lawyers using AI in their T&E practices.
The ACTEC Foundation Announces Six New Directors
The ACTEC Foundation announced that six ACTEC Fellows were elected to The Foundation’s Board of Directors during ACTEC’s 2024 Annual Meeting.
What Is Artificial Intelligence and the Impact on T&E Law in 2024 and Beyond?
A primer on the types and uses of AI, then a deeper dive into the impact on trust and estate law from types to applications to ethical considerations.
Request for Proposals for 2025-2026 Academic Symposium
ACTEC Legal Education Committee requests proposals for a $20,000 grant to host an academic symposium on trust and estate law during the 2025-2026 academic year.
The IRS Ruling on Modifying a Grantor Trust
Explore the gift tax implications for trust beneficiaries modifying grantor trusts in IRS CCA 202352018, with nuanced analysis and estate planning insights.
The New Normal for Charitable Tax Planning
Exploring crucial aspects of charitable tax planning: contemporaneous written acknowledgments, qualified appraisals, and anticipatory assignment of income.
A Discussion of Ante-Mortem Probate
A law professor discusses updates in ante-mortem probate, aka pre-mortem probate, exploring benefits, risks, and state procedures in the evolving legal terrain.
Tips for Preparing a Federal Estate Tax Return
An estate expert offers tips to professionals preparing a Federal Estate Tax Return, form 706, such as adjustable taxable gifts, real property, and more.
Client Restrictions on Charitable Gifts
Expert trust and estate advice and insights regarding restrictions for charitable gifts, managing donor intent, and the institution’s considerations.
Conflicts of Interest in T&E Litigation
Exploring conflicts of interest in trust and estate litigation, from joint representations to multi-generational complexities, navigating ethical challenges.
ACTEC Foundation 2024 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!
A Trustee’s Duty to Minimize State Income Tax
Navigating a trustee’s duty to minimize state income taxes entails legal, practical, and moral considerations, ensuring fiduciary obligations are met.
The ACTEC Foundation Announces the 2023–2025 Dennis I. Belcher Young Leaders
The ACTEC College & ACTEC Foundation are pleased to announce the Ninth Class of Dennis I. Belcher Young Leaders.
Navigating Unique Issues in the Settlement of Trust and Estate Disputes
Explore the complexities of settling trust & estate disputes, from representing unrepresented parties to recent legal cases.
Tips for Dealing With and Drafting for Clients With Diminished Capacity
Legal recommendations for estate planners handling clients with diminishing capacity, including ethical considerations, POAs, trust planning, and more.
Practical Considerations in Dealing with Incapacity
Estate planners discuss avoiding adult guardianships, assessing capacity, transitioning trustees, and addressing challenges in planning and litigation.
Considerations for the Two Weeks Following Death
Practical expert guidance on estate planning for the two-week post-death period, including burial directives and laws, probate venue issues, and not rushing.
Deathbed Planning for the Two Weeks Prior to Death
Expert estate legal guidance on the two weeks before a client’s death: from information gathering to tax considerations, probate avoidance, and gifting.
AI and Trust and Estate Law: The Future Is Here to Stay
A law professor explores the transformative impact of AI in trust and estate Law, delving into ethics, challenges, tips, and trends shaping legal practices.
The Opportunity Zones Transparency, Extension, and Improvement Act
An overview of the Opportunity Zones Transparency Extension and Improvement Act, bipartisan legislation (HR 5761) in the U.S. House of Representatives.
Interacting With Clients and Beneficiaries When Determining Incapacity
Exploring complexities in estate planning for incapacitated clients and beneficiaries, client communication, trust administration, and drafting considerations.
Charitable Giving Tips & Tricks
A primer on donations, including tax considerations, donating stocks vs. cash, “bunching” donations, donor-advised funds (DAF), and more.
Steps a Lawyer Can Take to Identify, Understand, and Deal With a Client With Diminishing Capacity
Exploring legal responsibilities in identifying and managing client diminishing capacity, from cognitive decline to ethical considerations in legal practice.
Professional Responsibility Rules When Dealing With Clients Who Have Diminished Capacity
Law professor explores legal ethics of representing diminished capacity clients: insights on Model Rule 1.14, conflicts, confidentiality, and protective action.
Artificial Intelligence (AI) and Planning Your Estate
Estate planning attorneys explain what consumers should be aware of when using AI and what their lawyer’s professional responsibilities should include.
Conflicts That Arise After Retention of a Client
Estate planning attorneys delve into examples of ethical dilemmas in client confidentiality amidst conflicts, exploring the legal cases and responsibilities.
Giving Tuesday
Consider supporting The ACTEC Foundation on Giving Tuesday. Your donations support trust and estate education and the profession.
The Hoensheid Case and the Assignment of Business Income for a Sale
A review of the Tax Court’s decision In the Hoensheild case on how a business’s income assignment may be treated during the sale of a company and legal nuances.
Pitfalls of Pay on Death (POD) Accounts
An explanation of how Pay on Death (POD) accounts, aka TOD or Totten Trust, work and what account owners should be aware of before identifying a beneficiary.
Power Tools for Choice of Law on Trust Validity
Exploring choice of law challenges in trust validity, including issues arising from powers of appointment, with insights from legal experts.
The Ethics and Future of Practicing Law Remotely
Explore the best tips for practicing law remotely, ethical duties, work trends and tips post-COVID, with 87% of lawyers now working remotely.
Surprising Tax on Distributions From a Partnership
Explanation of the Tax Court’s ruling in Clark Raymond & Co. v. Comm’r and their book of business distributions after the termination of a partnership.
ACTEC Foundation 2023 Fall Newsletter
Learn the latest news from The ACTEC Foundation including student writing competition winners, newly elected Young Leaders, and more.
Estate Planning for Freelancers and the Gig Economy
Explore estate planning for freelancers and gig workers. Learn about tax planning, creating a will, asset management, planning for incapacity, and more.
US Estate Tax Tips for Non-US Persons and Their Advisors
In this valuable discussion, learn about U.S. estate tax for non-U.S. persons, filing requirements, taxable assets, transfer certificates, and treaty benefits.
ACTEC/Tulane Symposium on Conflict of Laws in Trusts and Estates
The Tulane Law Review presents articles from the Symposium on Conflict of Laws in Trusts and Estates, held on October 21, 2022, made possible with support of The ACTEC Foundation.
Drafting with Consideration of Foreign Trust Registration
An estate planning expert explains the complexities of US trustees dealing with foreign trust registration, the Corporate Transparency Act, and drafting strategies.
The IRS is Here to Help: How Does That Happen?
T&E experts offer recommendations regarding IRS guidance: Private Letter Rulings (PLRs), Technical Advice Memorandums (TAMs), and Chief Counsel Advice (CCAs).
The Dangers of Deferring Estate Tax
Explore the risks of deferring estate tax, including secret IRS liens, credit implications, and alternatives with insights from ACTEC experts.
Winners of the 2023 Mary Moers Wenig Student Writing Competition
ACTEC and The ACTEC Foundation are pleased to announce the winners of the 2023 Mary Moers Wenig Student Writing Competition.
Tangible Personal Property in Estate Planning
Experts explain why you’ll want to add provisions regarding tangible personal property, such as furniture, vehicles, electronics, and jewelry, to your will or trust.
Impact of the Connelly v. United States Decision
An estate planning attorney discusses the implications of Connelly v. US, buy-sell agreement, valuation of life insurance proceeds, Section 2703, and more.
A New Decision on Adequate Disclosure of Gifts
Understand the taxpayer victory and tax court decision in Schlapfer v. Comm’r that strict compliance with adequate disclosure regulations may not be necessary.
The Intersection of Well-Being and Trust Planning
T&E practitioners are introducing Well-Being theory into estate planning by encouraging clients to add Well-Being provisions into the drafting process.
Funding Your Revocable Trust and Other Critical Steps
Learn why funding your trust is vital for seamless asset transfer, minimizing legal issues and taxes, and safeguarding your beneficiaries’ future in this video.
Practical Considerations in Representing the (Un)Happily Married (Pt. 3 of 3)
An estate lawyer discusses tax traps, creative planning techniques, and practice tips for situations when trusts may be on the divorce balance sheet. Pt. 3 of 3
Practical Considerations in Representing the (Un)Happily Married (Pt. 2 of 3)
An estate lawyer shares how to analyze if trust assets might be on the table in divorce and how to review the history of the trust administration. Pt. 2 of 3
Practical Considerations in Representing the (Un)Happily Married (Pt. 1 of 3)
An estate lawyer offers eight questions to ask clients about trust assets to see what is vulnerable in divorce in Part 1 of 3 of this topic.
Should I Serve as a Healthcare Agent Under a Power of Attorney (POA)?
Understand what you need to know about accepting the legal responsibility of a healthcare agent, aka a healthcare surrogate or healthcare proxy.
Considerations for Nonprofits in Accepting Crypto Donations
Estate planning and banking investment professionals explain what nonprofits need to understand before accepting donations of cryptocurrency, crypto.
Best Practices for Virtual Court and Legal Proceedings
A litigation expert offers best practices for virtual hearings, online legal proceedings and guidance for navigating this relatively new environment.
Tips for Winding Up Charitable Entities
What happens to charities upon the death of a founder, or is deemed a risk by those in control? Estate planners share tips for winding down charitable entities.
Should I Serve as an Agent Under a Financial Power of Attorney (POA)?
Understand what’s involved in the role of a property or financial Power of Attorney (POA), what’s entailed, and what questions you should ask yourself.
SECURE Act 2.0 and Charitable Remainder Trusts
A legal scholar explains a new law allowing IRA owners to transfer up to $50,000 directly to a charitable gift annuity or Charitable Remainder Trust.
Directed Trusts Laws and Related Uniformed Acts
Uniform Directed Trust Act in action. A review of the act enacted in 16 states, the latest on directed trusts from the perspective of trustee, planner, and litigator.
QSBS Planning and Potential Pitfalls
A legal expert in QSBS, Qualified Small Business Stock, explains the planning opportunities, what advisors need to know, redemption, and adding it to an estate.
Should I Serve as a Trustee?
Attorneys explain the responsibilities and risks of being a trustee of a trust, a role that involves significant legal and ethical obligations.
The Complexity of Dealing with a Holographic eWill
A trust and estate expert shares the interesting case of a holographic eWill in Mississippi written in the testator’s handwriting on an iPad.
The ACTEC Foundation 2023 Summer Newsletter
The ACTEC Foundation President shares an update on activities, including the Mary Moers Wenig Student Writing Competition and successful Spring Fundraiser.
Understanding the Kittler eWill Case in Pennsylvania
A Pennsylvania Fellows explains the issue of the case of Susan Kittler, who, during COVID in 2021, drafted a will and executed it using an electronic signature.
Recent IRS Challenges to Grantor Retained Annuity Trusts (GRAT)
An overview of two recent IRS cases regarding Granter Retained Annuity Trusts, GRAT, the significance of the cases for estate planners and the IRS rulings.
Should I Serve as an Executor?
Estate attorneys explain what individuals need to understand before agreeing to serve as an estate executor, such as probate, tax, and legal requirements.
Patagonia Purpose Trusts
The founder of Patagonia clothing transferred $3B of stock to a Purpose Trust. What is a Purpose Trust and how does it meet Patagonia’s corporate objectives?
Tips for Joint Representation of Spouses (Part 2 of 2)
Podcast two of joint representation offers four more tips for lawyers and the red flags to watch out for as they ensure both spouses are represented equally.
Tips for Joint Representation of Spouses: Engagement Letters (Pt. 1 of 2)
Four tips practitioners need to keep in mind when providing joint representation to spouses and where to find sample attorney engagement letters.
Spring Fundraising – Week 3 Friday Update
Congratulations to the Rocky Mountain Region’s Merry Balson for receiving the most donations and winning Round 3.
Tips for Seniors to Avoid Scams
Legal experts explain common scams against senior citizens, offer tips to avoid scams, and outline steps to take if you are the victim of elder fraud.
Spring Fundraiser – Week 2 Friday Update
So far in Round 3, the Rocky Mountain Region’s Merry Balson is in the lead! Support your favorite golfer today!
Non-Grantor Irrevocable Complex Discretionary Spendthrift Trusts
Don’t get fooled by non-grantor irrevocable complex discretionary trust scams. An expert explains warns about questionable trust structures marketed online.
Spring Fundraiser – Week 2 Wednesday Update
The 2023 ACTEC Foundation’s Longest Drive Challenge is in full swing! The winner of Round 2 is: The Southeast Region’s Kimberly Stogner
Considerations for U.S. Owners of Canadian Real Property
Guidance for Americans purchasing real property in Canada, including tax traps, LLC and personal ownership considerations, non-resident prohibitions and more.
Spring Fundraiser – Week 1 Friday Update
The Southern Region’s Gray Edmondson takes the lead at the end of the first week in The ACTEC Foundation Longest Drive Challenge! Read more!
U.S. Tax Considerations When Buying Property Abroad
Expert guidance and best practices for estate and wealth advisors on tax planning for clients with real or vacation property in a foreign country or abroad.
Spring Fundraiser – Golfers are Teeing Up
ACTEC Foundation announces the inaugural “ACTEC Foundation Longest Drive Challenge” to raise support for the lifelong learning initiatives of The Foundation.
The ACTEC Commentaries 6th Edition
The 6 Edition of The ACTEC Commentaries on the Model Rules of Professional Conduct, offering guidance particular to estate and trust practitioners, is now available.
Hiring, Examining, and Being an Expert Witness
T&E experts offer their advice to lawyers and professionals when retaining an expert witness or determining if you want to be an expert witness in a court proceeding.
Summary of Hot Trust & Estate Topics from 2022 and Early 2023
Estate planning experts review recent T&E cases, IRS rulings, SECURE Act 2.0, DAF and CRT cautions, and other recent developments impacting estate planners.
Civil Law Concepts in American Family and Inheritance Laws
A law professor shares ways civil and common law systems have influenced each other, particularly in matters relating to adoption, family and inheritance laws.
Supreme Court Rules on Bittner v. United States
Supreme Court ruling in Bittner v. United States, with input from ACTEC’s amicus brief, regarding the Bank Secrecy Act and Foreign Bank Account Reporting.
The ACTEC Foundation Announces the 2022-2024 Dennis I. Belcher Young Leaders
President of The ACTEC Foundation and Chair of the ACTEC Diversity, Equity & Inclusivity Committee announce the 8th Class of Dennis I. Belcher Young Leaders.
Lessons From Lisa Marie Presley’s Estate: Why Use a Corporate Trustee
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.
The ACTEC Foundation Announces Four New Directors
The ACTEC Foundation announced that four ACTEC Fellows were elected to The Foundation’s Board of Directors during ACTEC’s 2023 Annual Meeting.
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.
Tips for Individuals Living Alone (Part. 2 of 2)
Estate lawyers share tips for individuals living alone on how to plan for incapacity or illness for an extended amount of time and provide a review of critical power of attorney documents.
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.