Family Law - American College of Trust and Estate Counsel

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.

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.

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.

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.

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.

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.

Adultery Penalties in Premarital Agreements

Does infidelity void a premarital agreement? A law professor discusses adultery provisions, infidelity clauses, and no-fault divorce as public policy.

Spousal Support Provisions in Premarital Agreements

An explanation and examples of spousal support in premarital agreements, especially helpful in states that litigate fault in divorce and tie it to alimony.

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.

Joint Representations with Prenuptial Agreements

Does joint representation during a prenuptial agreement violate professional rules of conduct? Professor Carter reviews Prenuptial and Postnuptial Agreements.

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.

ERISA, Qualified Plans and Divorce

An explanation of beneficiary designations and income tax consequences related to ERISA and qualified plans during divorce.

The Intersection of Positive Psychology in Estate Planning

ACTEC Fellows discuss the importance of creating positive experiences for beneficiaries in your estate plan.

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.