Three tips from a family law attorney for trust and estate lawyers to protect clients in the event of a divorce.
Intersection of Family Law and Trusts and Estates
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Family Law PODCASTS
Estate planning often includes Family Law issues such as premarital agreements, divorce, and asset protection. ACTEC Fellows share their expertise on these topics.
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
The Latest Family Law Podcast
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.
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 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.
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.
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.
Marriage, Divorce and Asset Protection
Tips to protect assets in prenuptial agreements, divorce agreements, and how to manage associated estate taxes.
Marrying into Elder Abuse
Elder abuse by marrying to obtain wealth is on the rise. Understand the inadequate and new laws surrounding the issue.
Effect of Recent Tax Reform Legislation on Divorce
Recent tax reform legislation makes divorce a more expensive proposition.
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.