Understand ways to amend an irrevocable trust under the Uniform Trust Code (UTC), including a decanting transaction from a trust and estate expert.
- ACTEC Capital Letters
- ACTEC Guidance & Comments
- Art & Alternative Assets
- Business Planning
- Charitable Planning
- Diversity, Equity & Inclusivity
- 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
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.
Tips for wealth managers to share with clients to prevent cybercrime and identity theft, from a former FBI cybersecurity agent.
Summary of IRS guidance issued due to COVID-19, Notice 2021-10, to qualified opportunity funds investors and qualified opportunity fund zones.
Advice to help your business clients transfer their business interests using a defined purchase agreement.
What are the issues posed by silent trusts? Are designated representatives a solution to silent trusts? Learn more.
A discussion of the benefits and pitfalls of trust protectors from trust and estate experts.
What bitcoin investment considerations should estate planners study and what are the fiduciary responsibilities around those investments?
A review of Florida’s Electronic Wills legislation including who’s a qualified custodian of e-wills and what is a vulnerable adult.
“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...
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.
An update on how Kansas, Kentucky and Nebraska have applied Uniform Trust Code, UTC, in 2020 cases.
This podcast offers a reminder of charitable giving basics, what to pay attention to, and takeaways from 2020 Tax Court cases on the topic.
Learn from ACTEC trust and estate planning experts when attorney client privilege can be waived or except.
Learn about the latest legal developments with regard to the Biometric Information Privacy Act, biometric recognition and an individual’s personal privacy.
An expert on art law, Nicholas O’Donnell, offers his tips and questions to avoid litigation when selling or buying fine art.
Tips that dealers, buyers, and collectors can use to determine their art’s provenance risk exposure.
Estate planning art expert explains the options art owners have to dispose of their assets – selling, gifting or donating art collections.
How to help clients structure trusts so that the inheritances to beneficiaries are protected in the event of a divorce.
A recap of the Treasury Department and IRS’s Priority Guidance Plan for the 12 months from July 2020 through June 2021.
An explanation of beneficiary designations and income tax consequences related to ERISA and qualified plans during divorce.
An overview of comments ACTEC submitted to Treasury on 10/5/20 issues regarding proposed regulations under IRS Code Section 1061.
COVID-19 has ravaged U.S. nursing homes. Professor David English offers valuable information, resources and guidance for 2020 and beyond.
Gifts of assets, securities or cash to beneficiaries in community property states can be complicated. Here’s what you need to know.
Learn about the risks of using gift and estate tax exemption that could impact the use of the remaining gift and estate tax exemption.
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.
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 – from Duncan Osborne, a chair of the FATF and past-president of ACTEC.
A discussion of how truth, transparency, and an individual’s right to privacy affect attorney-client privilege and the law.
A discussion of the impact of DNA testing on inheritance, intestacy laws, surrogacy, and use of frozen embryos postmortem.
An estate planning expert explains the potential business planning issues when giving a family office an interest in an investment partnership it manages.
An explanation of what donors need to consider when making a charitable donation to a nonprofit? What restrictions need to be thought through?
A review of the dangers of borrowing from a charitable endowment fund during the 2020 pandemic and financial crisis.
What is ante-mortem probate? How does it differ from premortem probate and is it the ultimate will contest prevention technique?
“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...
An explanation of how the SECURE Act impacts special needs trusts, AMBTs, and disabled and chronically ill beneficiaries from experts in the subject.
Unique insight into possible estate and gift tax legislation, transfer tax legislation, during and following the 2020 election year.
Reviewing and creating estate planning documents – POA, medical directives and living wills during the COVID-19 pandemic.
2020 estate planning strategies including the gift tax annual exclusion, IRS code 2503(e), low interest loans to family, SLATs and CLTs.
An expert estate planning attorney reviews the options available for reporting the income tax from grantor trusts.
Information for estate planners when a will or trust includes a beneficiary who resides abroad including residents of Israel and the UK.
An explanation of how gifts from non-US persons can pass completely free of US gift tax if they are done correctly.
A deep dive into IRS Code Section 7872 and how to utilize the code in intrafamily loans and split-dollar loans.
A discussion of charitable gift agreements and the necessary preparation for negotiating and drafting an agreement to protect the client.
Discussion is aimed at entertainment industry audience regarding issues related to their assets and rights, such as name/likeness rights and house trusts.
Estate planning lending techniques including a Graegin loan, GRAT, IDGT, and life insurance premium financing.
Estate planning experts discuss the gifting risks for moderate estates that want the flexibility to access assets in the future.
A discussion of The Uniform Law Commission’s new Electronic Wills Act from ACTEC Fellows that chaired the drafting committee.
An explanation of how Medicare benefits work, especially Medicare Parts A, B, D, disability requirements and the penalties associated with not enrolling on time.
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.
The new SECURE Act provides tailored treatment for special needs and disabled beneficiaries. Learn how the SECURE Act impacts these special beneficiary categories.
Conduit and accumulation trusts have changed under the SECURE Act. Learn how to mix and match under the new law.
Understanding the SECURE Act’s impact on common estate planning issues such as naming surviving spouses and adult children as beneficiaries.
Recommendations for trust and estate attorneys as to what to discuss with clients and next steps following the SECURE Act.
Experts discuss how to build autonomy in estate planning with next-generation beneficiaries through trust, purpose and opportunity grants.
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.
ACTEC Fellows discuss the importance of creating positive experiences for beneficiaries in your estate plan.
What can you do when co-trustees disagree? How can you resolve trustee deadlocks? Learn more in this podcast.
Experts explain the characteristics of alternative investments, the risks associated with them, and how to identify the estate planning risks.
Learn about the guardianship policies of substituted judgment and best interest that guardians should consider when making decisions for a vulnerable person.
Powers of Attorney and Guardianship vary from state to state and internationally. Learn more about their portability and what’s recognized overseas.
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.
ACTEC Fellows explain the impact of judicial notice of facts and judicial notice of law surrounding evidence and litigation of trusts and estates.
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.
A detailed analysis of the advantages and considerations when using a Remainder Purchase Marital Trust, RPM Trust.
An explanation of the rigidity and flexibility of different business entities: C corporations, S corporations, partnerships and LLCs by tax experts.
What happens when the principal shareholder of an S corporation dies? Solutions are discussed by estate planning experts.
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.
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.
A review of recent asset protection trust court cases – Wacker, Campbell, Cyr and Rensin – and offers the lessons learned from the rulings.
Understand how to minimize the risks and avoid fraudulent transfer rulings with creating self-settled spendthrift trusts.
An overview of the new Illinois Trust Code, which is based on the Uniform Trust Code, by a veteran member of the task force.
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.
A deep dive into the benefits and concerns of Qualified Opportunity Funds and Opportunity Zones proposed regulations.
Understand the impacts of the SECURE Act and how it may affect non-spouse beneficiaries of retirement accounts.
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.
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, the rules and advantages when compared to a private foundation.
Understand how Charitable Gift Annuities, CGA, can be structured with predictable and/or flexible payment streams.
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.
An overview of Charitable Lead Trusts including CLAT, CLUT, Grantor and Nongrantor Trusts from an estate expert.
Overview of Charitable Remainder Trusts, CRT, including CRAT, CRUT, Split-Interest Trusts and answers to frequently asked questions on the topic.
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 creating a charitable private foundation, federal tax rules, state laws and required corporate documents.
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.
Overview of the fundamentals of basic charitable giving including income tax, the estate and gift tax, and donating to a foreign charity.