Exploring key distinctions in tax and labor law when classifying workers as independent contractors or employees, focusing on FLSA, IRS, and ERISA guidelines.
Fellows of The American College of Trust and Estate Counsel, ACTEC, offer valuable general estate planning recommendations for estate planners and wealth management advisors to avoid pitfalls and run their businesses more effectively.
Podcast Topics
- ACTEC Capital Letters
- ACTEC Guidance & Comments
- Art & Alternative Assets
- Business Planning
- Charitable Planning
- Diversity, Equity & Inclusivity
- Family Law
- General Estate Planning
- International T&E
- IRS/ Tax Guidance
- Pandemic Related Issues
- T&E Administration
- T&E Litigation
- Technology Recommendations
- Uniform Law, Multi-State Issues & Laws
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
Work-Life Balance: Recommendations for Attorneys
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.
Top 10 Recommendations for Planning Retirement Benefits under the SECURE Act
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’s Comments on Section 2053 – Proposed Estate Tax Regulations
ACTEC comments on proposed regulations under IRS Code Section 2053, and the effects on estates seeking to deduct funeral and administrative expenses and loans.
The Corporate Transparency Act: The Clock Has Started
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.
Unconscionability of Premarital Agreements – Pt 2 of 2
An estate lawyer explores case disputes of premarital agreements, aka post-nuptial agreements, based on unconscionability under the Uniform Premarital Act.
Unconscionability of Premarital Agreements – Pt 1 of 2
An estate lawyer explains the Uniform Premarital Act and the limitations of premarital agreements, aka post-nuptial agreements, based on unconscionability.
When to Pursue a Trust Reformation Action, Thoughts in a UTC State
Understand ways to amend an irrevocable trust under the Uniform Trust Code (UTC), including a decanting transaction from a trust and estate expert.
Understanding Funding Agreements
Learn key elements that should be included in funding agreements including five essential recommendations to help them stand up to court scrutiny.
Migrating Clients from Common Law to Community Property States (and Vice-Versa)
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.
Cryptocurrency in Retirement Accounts
Can retirement accounts hold cryptocurrency? Guidance on what’s allowed, the legal uncertainties, risks and benefits of cryptocurrency in IRA and 401k accounts.
IRS Proposes Mortality Assumptions Update for Section 7520
Updated IRS mortality assumptions have arrived. An overview of the updated tables, how the numbers work, and actions to consider before regulations become final.
Paying and Reducing Estate Tax with a Graegin Loan
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.
Estate Planning Opportunities in a Time of Rising Interest Rates
A trust and estate expert shares insights on opportunities available for planners and their clients during the current rising interest rate environment.
The Intersection of S Corps., ESBTs, California Tax and Beer
When it comes to trust planning, ESBTs, and S Corps, sometimes you can do everything right and still be subject to California Entity Tax.
Conflicts of Interest When Representing Fiduciaries
Tips for estate planners to avoid and understand potential conflicts of interest that can arise in representing fiduciaries.
Electronic Will Legislation in the US
A trust and estate expert advises extreme caution when using an e-will or electronic will. Understand why in this podcast.
Removal of Trustees
How do you remove a trustee? A review of what to expect, the standard of proof, grounds and the role of equity court determinations.
Navigating the Choppy Waters of Cross-Border Estate Administration
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.
The Calling of the Counselor in Counseling Families – Part 3 of 3
The conclusion of the 2022 Trachtman Memorial Lecture by Ron Aucutt, where he shares his wisdom and offers closing thoughts for estate counselors.
The Calling of the Counselor in Counseling Families – Part 2 of 3
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.
The Calling of the Counselor in Counseling Families – Part 1 of 3
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.
The Calling of the Counselor in Counseling Families: Overview
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.
2022 Hot Topics in Trust and Estate Law
An overview of proposed regulations to the SECURE Act, and the critical T&E tax court cases of Levin, Smaldino, and Connolly.
The Law, Professional Responsibility and the Future of T&E
Celebrating 200 podcasts, two ACTEC leaders discuss issues and forces shaping the future of the practice and the ability of practitioners to impact lives.
Mistakes Made in Premarital Agreements by Estate Planning and Family Law Lawyers
Estate planning and family law attorneys share what to be aware of and some pitfalls when drafting premarital agreements and prenups.
California Tax Trap and Residency for Trusts
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.
Understanding Rights of Publicity or Name, Image, Likeness (NIL)
An overview of publicity rights, property rights, name, image, likeness (NIL) and how they differ by states.
ACTEC Law Journal: Dedicated to Trust and Estate Topics for Nearly 50 Years
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.
Estate Planning for Principals of Private Equity and Hedge Funds
Recommendations for what principals of investment strategies and what to keep in mind regarding carried interest of private equity and hedge funds.