Estate planning attorneys discuss differences in legal traditions and post-mortem rules with creditors, probate, and trust administrations in different states.
The American College of Trust and Estate Counsel’s (ACTEC) Fellows share their expertise with professionals regarding trust administration and ongoing estate management. Learn more about topics regarding best business practices, communication with trustees and beneficiaries , and the impact of life changes such as retirement or divorce.
- 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
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.
In part 3 of Closely Held Entities, estate planners examine critical issues as well as discuss conducting a lifetime stress test for those entities.
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.
Trust and estate experts introduce a 4-part podcast series on the main phases of the closely held entity: formation, administration, and possible liquidation.
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 comments on proposed regulations under IRS Code Section 2053, and the effects on estates seeking to deduct funeral and administrative expenses and loans.
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.
An estate lawyer explores case disputes of premarital agreements, aka post-nuptial agreements, based on unconscionability under the Uniform Premarital Act.
An estate lawyer explains the Uniform Premarital Act and the limitations of premarital agreements, aka post-nuptial agreements, based on unconscionability.
Understand ways to amend an irrevocable trust under the Uniform Trust Code (UTC), including a decanting transaction from a trust and estate expert.
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.
Overstepping boundaries in asset protection exposes practitioners to civil, professional, misdemeanor, and even criminal RICO liabilities.
Trusts used for exclusively charitable purposes may be subject to the Private Foundation Rules. Understand how to avoid the tax consequences of IRS section 4947.
An overview of proposed regulations to the SECURE Act, and the critical T&E tax court cases of Levin, Smaldino, and Connolly.
Celebrating 200 podcasts, two ACTEC leaders discuss issues and forces shaping the future of the practice and the ability of practitioners to impact lives.
Estate planning and family law attorneys share what to be aware of and some pitfalls when drafting premarital agreements and prenups.
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.
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.
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.
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,” 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...
Expert lawyers discuss the use of electronic signatures and remote notarization in recent Pennsylvania decisions affecting its legal use in wills and documents.
Estate lawyers discuss the Smaldino Tax Court ruling, T.C. Memo 2021-127, and the mistakes made in the transactions, as well as the estate planning implications.
A T&E expert offers an overview of the SECURE Act and what has changed once enacted with retirement account planning and trust beneficiaries.
Trust and estates experts discuss recent IRS Chief Counsel Advice’s impact on difficult to value assets in Grantor Retained Annuity Trusts (GRAT).
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.
Does infidelity void a premarital agreement? A law professor discusses adultery provisions, infidelity clauses, and no-fault divorce as public policy.
An explanation and examples of spousal support in premarital agreements, especially helpful in states that litigate fault in divorce and tie it to alimony.
A review of the rules, probate and estate administration exceptions to avoid issues regarding self-dealing transactions between a foundation and a donor.
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.
An overview of the uses of exculpatory clauses in estate planning, enforceability under state law and advice for litigators.
“Traps Await for Beneficiary-Owned Trusts Under Section 678,” 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 are some great planning strategies using beneficiary-owned...
ACTEC proposes a major update to a 40-year-old IRS Code 6166 that provides estate tax deferral for family businesses but has aged poorly.
Expert discusses proposed legislation that retroactively takes aim at the tax benefits of QSBS and offers estate planning suggestions to prepare.
Florida lawyers discuss strategies for preserving inherited retirement plan assets and address uncertainties related to state laws and the SECURE Act.
A review of asset protection code in Wyoming, Wyoming’s Uniform Trust Code, and how it compares to other states.
Laws governing creditor rights vary from state to state. Understand the differences in trust provisions and corresponding effects against creditor claims.
Insights into Special Purpose Acquisition Company, SPAC, estate planning opportunities for founders, their capital structures, valuation and more.
Understanding the tax court’s decision in the Estate of Michael Jackson and postmortem right of publicity.
An update on electronic wills, remote witnessing, and notarization legislation in Illinois. The act became law on July 26, 2021.
Experts discuss what trustees and fiduciaries need to know regarding cryptocurrency regulation.
“Modernizing Section 6166,” that’s the subject of today’s ACTEC Trust and Estate Talk. Transcript/Show Notes This is Stacy Singer, an ACTEC Fellow from Chicago. ACTEC’s Tax Policy Study Committee has submitted to Congress a proposal regarding revision to Internal...
Co-chair of the ULC’s Cohabitants Economic Remedies Act Committee explains the importance of having laws concerning the economic rights of unmarried cohabitants.
An overview of Self-Settled Spendthrift Trust statutes of limitations and review of Wyoming’s legislation, House Bill 64.
Does joint representation during a prenuptial agreement violate professional rules of conduct? Professor Carter reviews Prenuptial and Postnuptial Agreements.
Five reasons why tax and estate attorneys might want to recommend multiple non-grantor trusts for tax benefits for their clients.
A presentation of how to discuss legal fees and expenses during trust and estate litigation and guidance from courts on the matter.
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.
This podcast offers a reminder of charitable giving basics, what to pay attention to, and takeaways from 2020 Tax Court cases on the topic.
A look into video games, online gaming, and how bad actors are using these platforms for money laundering in this evolving and fast moving industry.
Learn from ACTEC trust and estate planning experts when attorney client privilege can be waived or except.
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.
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.
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.
An overview of how Charitable LLCs can be used legitimately and possibly abused when pushed too far.
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.