Podcast Topics
How Typical Trust Agreement Clauses Can Get Turned Around in the Real World
Identify potential issues concerning distribution standards, competing beneficiaries, and trust situs that may arise despite the attempts of trust drafters.
Combatting Elder Financial Abuse
Elder financial abuse is the crime of the 21st century. The public guardian for Cook County, IL explains the issue and his office’s strategy to fight it.
Intersection of Family Law and Trusts and Estates
Three tips from a family law attorney for trust and estate lawyers to protect clients in the event of a divorce.
Supreme Court Rulings Alter the Future of Tax Regulations
Legal experts break down the tax planning take aways from recent Supreme Court rulings Loper Bright and Corner Post, explaining that Chevron deference is gone.
The Power of Off: A Book Review
An estate planning attorney reviews Nancy Colier book, The Power of Off: The Mindful Way to Stay Sane in a Virtual World and offers takeaways for professionals.
Guiding Trust and Estate Disputes to Settlement
Explore strategies for resolving trust and estate disputes with ACTEC experts. Learn tips on overcoming legal, financial, and emotional hurdles to reach settlement.
Independent Contractor vs. Employee: In Tax vs. Labor Law
Exploring key distinctions in tax and labor law when classifying workers as independent contractors or employees, focusing on FLSA, IRS, and ERISA guidelines.
Inserting Photos in Wills to Clarify Specific Gifts
A law professor outlines using photos in wills to identify specific gifts, possible legal challenges, and best practices for estate planning.
A Life Insurance-Funded Redemption Agreement Gone Bad
The risks of life insurance-funded redemption agreements, the Connolly v. US case, and safer alternatives like cross-purchase agreements, life insurance LLCs.
Owner’s Liability Following a Minor’s Golf Cart Accident
Understand the risks of owning a golf cart, especially if minors are allowed to drive, and how to protect clients’ assets from accidents and lawsuits.
Huffman Case Endangers Buy-Sell Agreements
Lessons from Huffman v. Commissioner, when a son exercised an option to purchase stock from his parents, ignoring a buy-sell agreement in the family business.
Caution for Divorcing Spouses Who Are Trust Beneficiaries
Takeaways from the 2023 Massachusetts divorce case, Jones v. Jones, for parents who support their married children may diminish trust assets in a divorce.
Modifying Trusts after CCA 202352018
A T&E expert reviews CCA 202352018’s true scope, how it affects designing trusts when drafting, and some considerations when modifying trusts.
Planning for the Young Under SECURE
An overview for professionals advising clients about leaving IRA assets to beneficiaries that have not reached majority, such as minors and young adults.
Self-Employment Tax: Tax Court Curtails Limited Partner Exclusion
Strategies for limited partnerships and S corporations to minimize self-employment tax and net investment income tax following a 2023 tax court decision.
Restricted Charitable Gifts: Practical Suggestions
Estate planners share legal considerations, strategies and advice for donors and charities to address restricted charitable gifts, UPMIFA, and UTC states.
Addressing Incomplete or Lost Records During Fiduciary Administration
A discussion on fiduciary record-keeping, covering best practices, legal implications, and strategies for addressing incomplete or lost trust and estate records.
Fiduciary Income Tax Planning of Distributions In-Kind and Specific Bequests
An overview for fiduciaries when distributing property to a beneficiary, in cash or in-kind, and the tax considerations, consequences and planning strategies.
Powers of Appointment Gone Wrong
A discussion by estate planning litigators of what trustees need to know when problems arise with the exercise of powers of appointment.
Charitable Deductions and Section 642(c)
Details for tax planners regarding the requirements for an estate to qualify for an income tax charitable deduction under IRS Code Section 642(c).
FTC’s Ban on Noncompete Agreements
An attorney discusses the April 23rd, 2024, Federal Trade Commission (FTC) ruling on noncompete agreements and how to advise business owners and clients.
The NextGen Bar Exam Threat to Wills and Trusts
ACTEC shares concerns about NCBE removal of wills & trusts from the NextGen Bar Exam and the impact on families, businesses, seniors, and generational wealth.
The Ethics of Posting to Listservs
The practical implications of ABA Formal Opinion 511, which highlights ethical concerns about requesting advice from colleagues on a client matter.
The Virtues of Estate Planning & Estate Planners Part 3 of 3: Essential Virtues of the Estate Planning Professional
Turney Berry concludes his lecture with the importance of mentorship, community engagement, and diversity in thought and professional organizations.
The Virtues of Estate Planning & Estate Planners Part 2 of 3: Estate Planning’s Role in Civilization
In part 2 of Turney Berry’s lecture, he discusses the importance of estate planning in civilization and why diversity of experience is critical to the profession.
The Virtues of Estate Planning & Estate Planners Part 1 of 3: Estate Planning—A Job or a Calling?
A trust and estate lawyer ponders whether estate planning is more than the orderly transmission of wealth in all forms among the generations or something more.
The Virtues of Estate Planning & Estate Planners: Overview
ACTEC Fellow Turney Berry offers an overview on his lecture on estate planning’s critical role in civilization and the importance of diverse perspectives.
Impact of the End of the COVID Public Health Emergency on Medicaid Renewals
Practical information for professionals explaining the connection between the COVID Public Health Emergency Declaration, Medicaid, and Special Needs Trusts.
Deadly Claims in Trust and Estate Law
Estate planner discusses evolving novel claims in trust and estate law, highlighting 7 main claims, including pre-death will contests and tortious interference.
Planning Ahead for the Sunsetting of the Tax Cuts and Jobs Act Exemptions
Estate planners discuss strategies anticipating the 2025 sunset of the TCJA exemptions, highlighting flexible trusts, spousal trusts, and valuation clauses.
Estate Planning in 2024
Explore hot topics in estate planning for 2024 with expert as he delves into CCA 202352018, grantor trusts, gift tax implications, and QTIPs.
Tips Regarding Fiduciary Disputes and Estate Planning
Examining fiduciary disputes in estate planning through case studies, highlighting lessons learned for litigators and planners.
The New Undue Influence
Law professors discuss the evolving landscape of undue influence in estate law, analyzing economic dynamics, legislative changes, and empirical findings.
Government Regulation of Artificial Intelligence
Rapid growth of AI demands government regulation to safeguard against misuse of private data. Global efforts are underway to address this critical issue.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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 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.