Explore the risks of deferring estate tax, including secret IRS liens, credit implications, and alternatives with insights from ACTEC experts.
An estate planning attorney discusses the implications of Connelly v. US, buy-sell agreement, valuation of life insurance proceeds, Section 2703, and more.
Understand the taxpayer victory and tax court decision in Schlapfer v. Comm’r that strict compliance with adequate disclosure regulations may not be necessary.
T&E practitioners are introducing Well-Being theory into estate planning by encouraging clients to add Well-Being provisions into the drafting process.
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
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
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.
Estate planning and banking investment professionals explain what nonprofits need to understand before accepting donations of cryptocurrency, crypto.
A litigation expert offers best practices for virtual hearings, online legal proceedings and guidance for navigating this relatively new environment.
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.
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.
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.
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.
A trust and estate expert shares the interesting case of a holographic eWill in Mississippi written in the testator’s handwriting on an iPad.
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.
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.
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?
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.
Four tips practitioners need to keep in mind when providing joint representation to spouses and where to find sample attorney engagement letters.
Don’t get fooled by non-grantor irrevocable complex discretionary trust scams. An expert explains warns about questionable trust structures marketed online.
Guidance for Americans purchasing real property in Canada, including tax traps, LLC and personal ownership considerations, non-resident prohibitions and more.
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.
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.
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.
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 ruling in Bittner v. United States, with input from ACTEC’s amicus brief, regarding the Bank Secrecy Act and Foreign Bank Account Reporting.
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.
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.
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.
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.
An estate expert explains the options and complexity for the surviving spouse in a joint revocable trust following the death of the other spouse.
An expert shares best practices for T&E attorneys when preparing for a valuation, taking the deposition, and defending the witness.
Update on Corporate Transparency Act final regulations: experts explain requirements by the reporting company, beneficial owner, and applicants.
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.
In part 3 of Closely Held Entities, estate planners examine critical issues as well as discuss conducting a lifetime stress test for those entities.
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.
Trust and estate experts introduce a 4-part podcast series on the main phases of the closely held entity: formation, administration, and possible liquidation.
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.
An experienced mentor and estate planning attorney offer tips on work-life balance, mentorship, and supporting women in trust and estate law.
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.
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 comments on proposed regulations under IRS Code Section 2053, and the effects on estates seeking to deduct funeral and administrative expenses and loans.
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.
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.
An estate lawyer explores case disputes of premarital agreements, aka post-nuptial agreements, based on unconscionability under the Uniform Premarital Act.
An estate lawyer explains the Uniform Premarital Act and the limitations of premarital agreements, aka post-nuptial agreements, based on unconscionability.
Understand ways to amend an irrevocable trust under the Uniform Trust Code (UTC), including a decanting transaction from a trust and estate expert.
Learn key elements that should be included in funding agreements including five essential recommendations to help them stand up to court scrutiny.
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.
Can retirement accounts hold cryptocurrency? Guidance on what’s allowed, the legal uncertainties, risks and benefits of cryptocurrency in IRA and 401k accounts.
Updated IRS mortality assumptions have arrived. An overview of the updated tables, how the numbers work, and actions to consider before regulations become final.
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.
A trust and estate expert shares insights on opportunities available for planners and their clients during the current rising interest rate environment.
When it comes to trust planning, ESBTs, and S Corps, sometimes you can do everything right and still be subject to California Entity Tax.
Tips for estate planners to avoid and understand potential conflicts of interest that can arise in representing fiduciaries.
A trust and estate expert advises extreme caution when using an e-will or electronic will. Understand why in this podcast.
How do you remove a trustee? A review of what to expect, the standard of proof, grounds and the role of equity court determinations.
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.
Overstepping boundaries in asset protection exposes practitioners to civil, professional, misdemeanor, and even criminal RICO liabilities.
The conclusion of the 2022 Trachtman Memorial Lecture by Ron Aucutt, where he shares his wisdom and offers closing thoughts for estate counselors.
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.
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.
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.
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.
An overview of how wealth planners and T&E practitioners can comply with the proposed anti-money laundering rules of the Corporate Transparency Act.
An overview of proposed regulations to the SECURE Act, and the critical T&E tax court cases of Levin, Smaldino, and Connolly.
Celebrating 200 podcasts, two ACTEC leaders discuss issues and forces shaping the future of the practice and the ability of practitioners to impact lives.
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.
Estate planning and family law attorneys share what to be aware of and some pitfalls when drafting premarital agreements and prenups.
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.
An overview of publicity rights, property rights, name, image, likeness (NIL) and how they differ by states.
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.
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,” 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...
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.
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.
Practical questions that estate planning lawyers should ask when evaluating the value of irrevocable trusts when circumstances have changed.
Expert lawyers discuss the use of electronic signatures and remote notarization in recent Pennsylvania decisions affecting its legal use in wills and documents.
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.
A T&E expert offers an overview of the SECURE Act and what has changed once enacted with retirement account planning and trust beneficiaries.
Trust and estates experts discuss recent IRS Chief Counsel Advice’s impact on difficult to value assets in Grantor Retained Annuity Trusts (GRAT).
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.
Does infidelity void a premarital agreement? A law professor discusses adultery provisions, infidelity clauses, and no-fault divorce as public policy.
An explanation and examples of spousal support in premarital agreements, especially helpful in states that litigate fault in divorce and tie it to alimony.
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.”
Litigation can be costly. Understand the special considerations attorneys should be aware of when reviewing trust accounting to avoid litigation.
A review of the rules, probate and estate administration exceptions to avoid issues regarding self-dealing transactions between a foundation and a donor.
An overview of non-fungible tokens, NFT, for estate planning professionals including creation, management, and protection.
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.
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,” 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...
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.
Expert discusses proposed legislation that retroactively takes aim at the tax benefits of QSBS and offers estate planning suggestions to prepare.
Florida lawyers discuss strategies for preserving inherited retirement plan assets and address uncertainties related to state laws and the SECURE Act.
A review of asset protection code in Wyoming, Wyoming’s Uniform Trust Code, and how it compares to other states.
Laws governing creditor rights vary from state to state. Understand the differences in trust provisions and corresponding effects against creditor claims.
Insights into Special Purpose Acquisition Company, SPAC, estate planning opportunities for founders, their capital structures, valuation and more.
Understanding the tax court’s decision in the Estate of Michael Jackson and postmortem right of publicity.