General Estate Planning - American College of Trust and Estate Counsel

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.

Advising Transgender Clients on Estate Planning and Vital Records

“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...

Estate Planning Excellence: The American College of Trust and Estate Counsel

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.

Top Estate Planning and Estate Tax Developments of 2021

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.

Dealing with Unwanted Irrevocable Trusts and Basis Issues

“Dealing with Unwanted Irrevocable Trusts and Basis Issues,” 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 has been an increase in the use of irrevocable trusts and the...

A Discussion of Chief Counsel Advice 202152018 and its Effect on the Administration of GRATs

Trust and estates experts discuss recent IRS Chief Counsel Advice’s impact on difficult to value assets in Grantor Retained Annuity Trusts (GRAT).

The Mysteries and Misunderstandings Related to Code Section 678

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.

Conflict of Laws and Relation-Back of Powers of Appointment

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.”

An Overview of Tennessee Trust Law

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.

Uses of Exculpatory Clauses in Wills and Trusts

An overview of the uses of exculpatory clauses in estate planning, enforceability under state law and advice for litigators.

Exempt Status of Retirement Plan Distributions

Florida lawyers discuss strategies for preserving inherited retirement plan assets and address uncertainties related to state laws and the SECURE Act.

Estate Planning for Special Purpose Acquisition Company Founders

Insights into Special Purpose Acquisition Company, SPAC, estate planning opportunities for founders, their capital structures, valuation and more.

Electronic Wills and Remote Execution

An update on electronic wills, remote witnessing, and notarization legislation in Illinois. The act became law on July 26, 2021.

Proving a Will in the Age of COVID

The COVID pandemic caused many states to accelerate their laws regarding electronic wills. Learn what’s working and what’s not.

Economic Rights of Unmarried Cohabitants

Co-chair of the ULC’s Cohabitants Economic Remedies Act Committee explains the importance of having laws concerning the economic rights of unmarried cohabitants.

Voidable Transfers in Self-Settled Spendthrift Trusts

An overview of Self-Settled Spendthrift Trust statutes of limitations and review of Wyoming’s legislation, House Bill 64.

Using Multiple Non-Grantor Trusts for Multiple Tax Benefits

Five reasons why tax and estate attorneys might want to recommend multiple non-grantor trusts for tax benefits for their clients.

Protecting Your Attorney’s Fees to Benefit Your Client and Yourself

A presentation of how to discuss legal fees and expenses during trust and estate litigation and guidance from courts on the matter.

Protecting Yourself and your Clients from Cyberattack

Tips for wealth managers to share with clients to prevent cybercrime and identity theft, from a former FBI cybersecurity agent.

An Update of Qualified Opportunity Funds and Zones

Summary of IRS guidance issued due to COVID-19, Notice 2021-10, to qualified opportunity funds investors and qualified opportunity fund zones.

Defined Value Purchase Agreements

Advice to help your business clients transfer their business interests using a defined purchase agreement.

Silent Trusts

What are the issues posed by silent trusts? Are designated representatives a solution to silent trusts? Learn more.

Trust Protectors

A discussion of the benefits and pitfalls of trust protectors from trust and estate experts.

Bitcoin Craze: Investment and Fiduciary Implications

What bitcoin investment considerations should estate planners study and what are the fiduciary responsibilities around those investments?

Electronic Wills in Florida

A review of Florida’s Electronic Wills legislation including who’s a qualified custodian of e-wills and what is a vulnerable adult.

New Corporate Transparency Act

“The New Corporate Transparency Act,” that’s the subject of today’s ACTEC Trust and Estate Talk. Transcript/Show Notes This is Doug Stanley, ACTEC Fellow from St. Louis, Missouri. The Corporate Transparency Act, or CTA, was enacted on January 1st, 2021 as part of the...

The Senate Went Blue, What Should Estate Planners Do?

Leaders in the T&E field offer estate planning tips for 2021, insight into possible changes to the tax code and options for tax planning.

Uniform Trust Code Cases from 2020

An update on how Kansas, Kentucky and Nebraska have applied Uniform Trust Code, UTC, in 2020 cases.

Charitable Giving: Remembering the Basics

This podcast offers a reminder of charitable giving basics, what to pay attention to, and takeaways from 2020 Tax Court cases on the topic.

Attorney-Client Privilege – Waivers and Exceptions

Learn from ACTEC trust and estate planning experts when attorney client privilege can be waived or except.

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...

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