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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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?
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.
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...
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.
Pending Transfer Tax Legislation in an Election Year
Unique insight into possible estate and gift tax legislation, transfer tax legislation, during and following the 2020 election year.
Ancillary Estate Planning Documents in the Pandemic
Reviewing and creating estate planning documents – POA, medical directives and living wills during the COVID-19 pandemic.
Estate Planning Strategies in the Pandemic
2020 estate planning strategies including the gift tax annual exclusion, IRS code 2503(e), low interest loans to family, SLATs and CLTs.
Grantor Trusts: Tax Returns, Reporting Requirements and Options
An expert estate planning attorney reviews the options available for reporting the income tax from grantor trusts.
Naming Foreign Persons in Your Estate Planning Documents
Information for estate planners when a will or trust includes a beneficiary who resides abroad including residents of Israel and the UK.
Tax Tips and Traps Related to Foreign Gifts
An explanation of how gifts from non-US persons can pass completely free of US gift tax if they are done correctly.
Utilization of Section 7872
A deep dive into IRS Code Section 7872 and how to utilize the code in intrafamily loans and split-dollar loans.
The Uses and Abuses of Charitable LLCs
An overview of how Charitable LLCs can be used legitimately and possibly abused when pushed too far.
Drafting Charitable Gift Agreements
A discussion of charitable gift agreements and the necessary preparation for negotiating and drafting an agreement to protect the client.
Estate Planning for Entertainment Clients
Discussion is aimed at entertainment industry audience regarding issues related to their assets and rights, such as name/likeness rights and house trusts.
Lending and Estate Planning
Estate planning lending techniques including a Graegin loan, GRAT, IDGT, and life insurance premium financing.
Estate Transfer Planning for the Moderate Estate
Estate planning experts discuss the gifting risks for moderate estates that want the flexibility to access assets in the future.
An Update on Electronic Wills Statutes
A discussion of The Uniform Law Commission’s new Electronic Wills Act from ACTEC Fellows that chaired the drafting committee.
What Estate Planners Need to Know About Medicare
An explanation of how Medicare benefits work, especially Medicare Parts A, B, D, disability requirements and the penalties associated with not enrolling on time.
Charitable Planning and the SECURE Act – SECURE Act Special
Understanding the pitfalls and tax traps when donating from an IRA to a charity under the SECURE Act. An explanation of how Charitable Remainder Trusts (CRTs) and charitable giving has changed.
Planning for Disabled or Chronically-Ill Beneficiaries Under the SECURE Act
The new SECURE Act provides tailored treatment for special needs and disabled beneficiaries. Learn how the SECURE Act impacts these special beneficiary categories.
Designing and Drafting Trusts in Light of the SECURE Act
Conduit and accumulation trusts have changed under the SECURE Act. Learn how to mix and match under the new law.
Planning for Common Scenarios Under the SECURE Act
Understanding the SECURE Act’s impact on common estate planning issues such as naming surviving spouses and adult children as beneficiaries.
Updating Existing Estate Plans Under the SECURE Act
Recommendations for trust and estate attorneys as to what to discuss with clients and next steps following the SECURE Act.
Autonomy in Estate Planning
Experts discuss how to build autonomy in estate planning with next-generation beneficiaries through trust, purpose and opportunity grants.
Looking Back at Our Most Popular Podcasts | 100th Special
Balancing independence of retirees, the SECURE Act and other 2020 estate planning hot topics are discussed in this special 100th ACTEC Trust and Estate Talk podcast.
The Intersection of Positive Psychology in Estate Planning
ACTEC Fellows discuss the importance of creating positive experiences for beneficiaries in your estate plan.
Resolving Trustee Deadlocks | Resolving Trustee Disputes
What can you do when co-trustees disagree? How can you resolve trustee deadlocks? Learn more in this podcast.
Alternative Investments: An Investment Dream – A Planning Nightmare
Experts explain the characteristics of alternative investments, the risks associated with them, and how to identify the estate planning risks.
How Guardians Make Decisions on Behalf of Their Wards
Learn about the guardianship policies of substituted judgment and best interest that guardians should consider when making decisions for a vulnerable person.
Cross-Border Recognition of Powers of Attorney and Guardianships
Powers of Attorney and Guardianship vary from state to state and internationally. Learn more about their portability and what’s recognized overseas.
What Estate Planners Need to Know About Social Security, Medicare, and the Self-Employment Tax
Social Security and Medicare, the federal and state income taxation of Social Security, the ability of dependents to receive those benefits, self-employment tax and more in this podcast.
Judicial Notice of Facts and Judicial Notice of Law
ACTEC Fellows explain the impact of judicial notice of facts and judicial notice of law surrounding evidence and litigation of trusts and estates.
Lay Witness Opinion Testimony
The ins and outs of lay witness opinion testimony. A discussion of evidentiary issues surrounding lay people and Federal Rules of Evidence.
Intrafamily Business Sales and Loans
What to keep in mind when dealing with intrafamily business transactions, sales, and loans to avoid the scrutiny they receive from the IRS and the courts.
The Remainder Purchase Marital Trust
A detailed analysis of the advantages and considerations when using a Remainder Purchase Marital Trust, RPM Trust.
Business Entity Income Tax: Regulatory Rigidity Versus Flexibility
An explanation of the rigidity and flexibility of different business entities: C corporations, S corporations, partnerships and LLCs by tax experts.
S Corporation Death Traps
What happens when the principal shareholder of an S corporation dies? Solutions are discussed by estate planning experts.
Levitan v. Rosen Case
Are trusts considered marital property? A review of the Levitan v. Rosen and Pfannenstiehl v. Pfannenstiehl cases offer considerations when drafting of marital property provisions in trust documents.
The Life Insurance Transfer for Value Rule After the 2017 Tax Reform Act
What is the Life Insurance Transfer for Value Rule and how has it been changed following the Tax Reform Act? An expert on the topic explains what you need to know.
Update of Asset Protection Trust Litigation
A review of recent asset protection trust court cases – Wacker, Campbell, Cyr and Rensin – and offers the lessons learned from the rulings.
Self-Settled Spendthrift Trusts
Understand how to minimize the risks and avoid fraudulent transfer rulings with creating self-settled spendthrift trusts.
The New Illinois Trust Code
An overview of the new Illinois Trust Code, which is based on the Uniform Trust Code, by a veteran member of the task force.
Deemed Realization of Gains on Gratuitous Transfers
A review of ACTEC’s report provided to the US government on proposals to tax the deemed realization of gain on gratuitous transfers of appreciated property.
Qualified Opportunity Funds and Opportunity Zones
A deep dive into the benefits and concerns of Qualified Opportunity Funds and Opportunity Zones proposed regulations.
The SECURE Act
Understand the impacts of the SECURE Act and how it may affect non-spouse beneficiaries of retirement accounts.
The Impact of Tax Reform on Trusts After Divorce
The Tax Cut and Jobs Act had an enormous impact on existing trusts after divorce. Understand the impact and learn about ACTEC’s comments to the government and solutions to consider.
An Introduction to Charitable Pledges
How do charitable pledges work for both the donor and charity? Learn the basics in this podcast from trust and estate experts.
An Introduction to Individual Donor Advised Funds | DAF
An introduction to Individual Donor Advised Funds, the rules and advantages when compared to a private foundation.
Deferred and Flexible Charitable Gift Annuities
Understand how Charitable Gift Annuities, CGA, can be structured with predictable and/or flexible payment streams.
Charitable Gift Annuities
A Charitable Gift Annuity is a simple and cost effective estate planning tool that benefits charities and donors during their lifetime. Learn more from an expert on the subject.
A Primer on Charitable Lead Trusts
An overview of Charitable Lead Trusts including CLAT, CLUT, Grantor and Nongrantor Trusts from an estate expert.
Charitable Remainder Trusts (CRT)
Overview of Charitable Remainder Trusts, CRT, including CRAT, CRUT, Split-Interest Trusts and answers to frequently asked questions on the topic.
An Introduction to Private Foundation Excise Taxes
Complying with regulatory restrictions of private foundations can be confusing. Understand the issues that may arise and how to avoid excise taxes from an expert on the subject.
A Primer on Private Foundations
A primer on creating a charitable private foundation, federal tax rules, state laws and required corporate documents.
An Introduction to Individual Charitable Deductions
What you need to know regarding income tax charitable deductions for individuals following the 2017 Tax Cuts and Job Act from an estate planning expert.
Basic Charitable Giving
Overview of the fundamentals of basic charitable giving including income tax, the estate and gift tax, and donating to a foreign charity.
Balancing Independence and Vulnerability of Older Adults | Part 3
Learn what lawyers and society can do to protect an older adult’s independence and reduce stereotypes – especially women – from elder financial abuse.
Balancing Independence and Vulnerability of Older Adults | Part 2
Elder financial abuse and who commits it, how we can help protect the autonomy of older adults and understand what the law can do to protect against such abuses.
Balancing Independence and Vulnerability of Older Adults | Part 1
Many women have a longer lifespan than men. How does the differing longevity impact financial management and potential vulnerabilities?
Balancing Independence and Vulnerability of Older Adults | Synopsis
How do attorneys balance an older client’s independence while protecting their assets? Professor Radford offers a synopsis of her 3-part lecture that begins August 6.
North Carolina v. Kaestner: The Recent US Supreme Court Case on State Fiduciary Income Tax
Understand the effect on trusts and how to minimize state income tax following the Supreme Court’s decision in North Carolina v. Kaestner.
The Uniform Trust Code and the Future of American Trust Law
A discussion of the evolution of the Uniform Trust Code and the changes in trust and estate design and administration.
Depublication of the Special Needs Trust Case Scott v. McDonald
California Supreme Court depublishes Special Needs Trust Case Scott v. McDonald following Amicus Brief by ACTEC.
Marriage, Divorce and Asset Protection
Tips to protect assets in prenuptial agreements, divorce agreements, and how to manage associated estate taxes.
The US-Japan Estate, Inheritance and Gift Tax Treaty
Trust and estate expert explain the importance of the US-Japan Estate, Inheritance and Gift Tax Treaty and how it works.
Investment in UK Real Estate and Protected Settlement Update
Update on UK tax treatment of offshore income gains arising in protected settlements and how investing in UK real estate impacts US citizens.
The New Uniform Fiduciary Income and Principal Act
A discussion of the Uniform Law Commission’s new Uniform Fiduciary Income and Principal Act, UFIPA, created in July 2018.
Third-Party Created Irrevocable Trusts: Protections and Pitfalls
Understand the ins-and-outs of third-party created irrevocable trust, examples and how they might vary between states.
The New Rules of Professional Conduct for Lawyers
A discussion of the ABA’s Model Rules of Professional Conduct surrounding scope of representation, communication, confidentiality, and conflict of interest.
Lawyers as Trustees
How should a trust and estate attorney navigate the ethical and legal dilemma that occurs when a client asks for him or her to serve as a trustee?
Marrying into Elder Abuse
Elder abuse by marrying to obtain wealth is on the rise. Understand the inadequate and new laws surrounding the issue.
Lessons Learned Regarding Law Firm’s Email Communication
Lessons learned after a court email of an order goes into a law firm’s spam filter. Understand what email management steps law firms should follow.
The Future is Here: Dealing with Bitcoins and Cryptocurrencies in Tax and Estate Planning
There are over 2,000 cryptocurrencies! Experts explain what fiduciaries and trust and estate practitioners need to know.
Musings on Contemporary Trust Issues
Issues facing the ULC regarding the Uniform Power of Appointment Act and the Uniform Directed Trust Act with an expert on the subject.
Hot Topics for Trust and Estate Practitioners
A review of 2019 hot topics for trust and estate practitioners including IRS Anti-Clawback and Section 199A regulations, GST Trust modifications and state tax developments.
Qualified Opportunity Funds and Opportunity Zones
An explanation of how Qualified Opportunity Funds and Opportunity Zones work and some of the intricacies surrounding them as of March 2019.
Horton v. Jones Case on Electronic Wills
Can a person create a valid will that is not formally executed as required by state law? Find out more about electronic wills through discussion of the Horton v. Jones case.
Introducing a Business Consultant to a Client Family
First, we want to tell everybody what we mean by consultant. We are really focusing on individuals who help on the soft side, the personal side.
The Fate of Settlor Intent in the World of Flexibility
A discussion of irrevocable trusts historically and present day, examples of recent cases, about what this means for planners, litigators, and trustees.
Effect of Recent Tax Reform Legislation on Divorce
Recent tax reform legislation makes divorce a more expensive proposition.
Trust Residency and State Tax Nexus Planning
A discussion of fiduciary income taxation of trusts, trust residency and taxation in light of recent development in Supreme Court and other case law.
The Unintended Consequences for Dynasty Trusts When Adoptions are not Recognized
A discussion of the impact of unintended consequences of adoption language in multi-generational and dynasty trusts.