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.
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
- 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
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.
Non-Grantor Irrevocable Complex Discretionary Spendthrift Trusts
Don’t get fooled by non-grantor irrevocable complex discretionary trust scams. An expert explains warns about questionable trust structures marketed online.
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.
Hiring, Examining, and Being an Expert Witness
T&E experts offer their advice to lawyers and professionals when retaining an expert witness or determining if you want to be an expert witness in a court proceeding.
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.
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.
The Separate Shares Rules and Their Nuances
An explanation of how and when separate share rules and the nuances involved with Income in Respect to the Decedent, IRD, and S Corporation stock.
Income Taxation of Joint Revocable Trusts
An estate expert explains the options and complexity for the surviving spouse in a joint revocable trust following the death of the other spouse.
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.
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.
An Update on Asset Protection Cases Where Lawyers Overstepped Their Boundaries
Overstepping boundaries in asset protection exposes practitioners to civil, professional, misdemeanor, and even criminal RICO liabilities.
The Accidental Private Foundation – Non-Exempt Charitable Trusts Under Section 4947
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.
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.
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 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...
Uniform Electronic Transactions Act and Recent Developments
Expert lawyers discuss the use of electronic signatures and remote notarization in recent Pennsylvania decisions affecting its legal use in wills and documents.
Understanding Serious Mistakes and Planning Implications in the Smaldino Tax Court Case
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.
The SECURE Act and Retirement Account Planning Opportunities
A T&E expert offers an overview of the SECURE Act and what has changed once enacted with retirement account planning and trust beneficiaries.
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.
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.
The Basics of the Estate Administration Exception to Avoid Self-Dealing Prohibitions
A review of the rules, probate and estate administration exceptions to avoid issues regarding self-dealing transactions between a foundation and a donor.
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.
Traps Await for Beneficiary-Owned Trusts Under Section 678
“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...
Closely Held Business, Tiered Entities and Proposed Revisions to Section 6166
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.
Don’t Guess and Make a Mess with QSBS
Expert discusses proposed legislation that retroactively takes aim at the tax benefits of QSBS and offers estate planning suggestions to prepare.
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.
An Analysis of Wyoming Asset Protection Provisions
A review of asset protection code in Wyoming, Wyoming’s Uniform Trust Code, and how it compares to other states.
Creditors’ Rights vs. Trustees’ Protections
Laws governing creditor rights vary from state to state. Understand the differences in trust provisions and corresponding effects against creditor claims.
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.
Lessons From the Tax Court Decision in the Estate of Michael Jackson
Understanding the tax court’s decision in the Estate of Michael Jackson and postmortem right of publicity.
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.
Cryptocurrency Regulation and Qualified Custody
Experts discuss what trustees and fiduciaries need to know regarding cryptocurrency regulation.
Modernizing Section 6166
“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...
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.
Joint Representations with Prenuptial Agreements
Does joint representation during a prenuptial agreement violate professional rules of conduct? Professor Carter reviews Prenuptial and Postnuptial Agreements.
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.
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.
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.
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.
Video Games and Money Laundering
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.
Attorney-Client Privilege – Waivers and Exceptions
Learn from ACTEC trust and estate planning experts when attorney client privilege can be waived or except.
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.
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?