T&E practitioners are introducing Well-Being theory into estate planning by encouraging clients to add Well-Being provisions into the drafting process.
The Intersection of Well-Being and Trust Planning
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T&E Administration PODCASTS
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.
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 T&E Administration Podcast
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?
The Ethics of Disclosure and Testimony by Estate Planners
“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...
Trusts for Disabled and Chronically Ill Beneficiaries under the SECURE Act | Special Needs Trust
An explanation of how the SECURE Act impacts special needs trusts, AMBTs, and disabled and chronically ill beneficiaries from experts in the subject.
Ancillary Estate Planning Documents in the Pandemic
Reviewing and creating estate planning documents – POA, medical directives and living wills during the COVID-19 pandemic.
Estate Planning Strategies in the Pandemic
2020 estate planning strategies including the gift tax annual exclusion, IRS code 2503(e), low interest loans to family, SLATs and CLTs.
Grantor Trusts: Tax Returns, Reporting Requirements and Options
An expert estate planning attorney reviews the options available for reporting the income tax from grantor trusts.
Naming Foreign Persons in Your Estate Planning Documents
Information for estate planners when a will or trust includes a beneficiary who resides abroad including residents of Israel and the UK.
Tax Tips and Traps Related to Foreign Gifts
An explanation of how gifts from non-US persons can pass completely free of US gift tax if they are done correctly.
Utilization of Section 7872
A deep dive into IRS Code Section 7872 and how to utilize the code in intrafamily loans and split-dollar loans.
The Uses and Abuses of Charitable LLCs
An overview of how Charitable LLCs can be used legitimately and possibly abused when pushed too far.
Drafting Charitable Gift Agreements
A discussion of charitable gift agreements and the necessary preparation for negotiating and drafting an agreement to protect the client.
Estate Planning for Entertainment Clients
Discussion is aimed at entertainment industry audience regarding issues related to their assets and rights, such as name/likeness rights and house trusts.
Lending and Estate Planning
Estate planning lending techniques including a Graegin loan, GRAT, IDGT, and life insurance premium financing.
Estate Transfer Planning for the Moderate Estate
Estate planning experts discuss the gifting risks for moderate estates that want the flexibility to access assets in the future.
An Update on Electronic Wills Statutes
A discussion of The Uniform Law Commission’s new Electronic Wills Act from ACTEC Fellows that chaired the drafting committee.
What Estate Planners Need to Know About Medicare
An explanation of how Medicare benefits work, especially Medicare Parts A, B, D, disability requirements and the penalties associated with not enrolling on time.
Charitable Planning and the SECURE Act – SECURE Act Special
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.
Planning for Disabled or Chronically-Ill Beneficiaries Under the SECURE Act
The new SECURE Act provides tailored treatment for special needs and disabled beneficiaries. Learn how the SECURE Act impacts these special beneficiary categories.
Designing and Drafting Trusts in Light of the SECURE Act
Conduit and accumulation trusts have changed under the SECURE Act. Learn how to mix and match under the new law.
Planning for Common Scenarios Under the SECURE Act
Understanding the SECURE Act’s impact on common estate planning issues such as naming surviving spouses and adult children as beneficiaries.
Updating Existing Estate Plans Under the SECURE Act
Recommendations for trust and estate attorneys as to what to discuss with clients and next steps following the SECURE Act.
Autonomy in Estate Planning
Experts discuss how to build autonomy in estate planning with next-generation beneficiaries through trust, purpose and opportunity grants.
Looking Back at Our Most Popular Podcasts | 100th Special
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.
The Intersection of Positive Psychology in Estate Planning
ACTEC Fellows discuss the importance of creating positive experiences for beneficiaries in your estate plan.
Resolving Trustee Deadlocks | Resolving Trustee Disputes
What can you do when co-trustees disagree? How can you resolve trustee deadlocks? Learn more in this podcast.
Alternative Investments: An Investment Dream – A Planning Nightmare
Experts explain the characteristics of alternative investments, the risks associated with them, and how to identify the estate planning risks.
How Guardians Make Decisions on Behalf of Their Wards
Learn about the guardianship policies of substituted judgment and best interest that guardians should consider when making decisions for a vulnerable person.
Cross-Border Recognition of Powers of Attorney and Guardianships
Powers of Attorney and Guardianship vary from state to state and internationally. Learn more about their portability and what’s recognized overseas.
What Estate Planners Need to Know About Social Security, Medicare, and the Self-Employment Tax
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.
Judicial Notice of Facts and Judicial Notice of Law
ACTEC Fellows explain the impact of judicial notice of facts and judicial notice of law surrounding evidence and litigation of trusts and estates.
Lay Witness Opinion Testimony
The ins and outs of lay witness opinion testimony. A discussion of evidentiary issues surrounding lay people and Federal Rules of Evidence.
Intrafamily Business Sales and Loans
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.
The Remainder Purchase Marital Trust
A detailed analysis of the advantages and considerations when using a Remainder Purchase Marital Trust, RPM Trust.
Business Entity Income Tax: Regulatory Rigidity Versus Flexibility
An explanation of the rigidity and flexibility of different business entities: C corporations, S corporations, partnerships and LLCs by tax experts.
S Corporation Death Traps
What happens when the principal shareholder of an S corporation dies? Solutions are discussed by estate planning experts.
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.
The Life Insurance Transfer for Value Rule After the 2017 Tax Reform Act
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.
Update of Asset Protection Trust Litigation
A review of recent asset protection trust court cases – Wacker, Campbell, Cyr and Rensin – and offers the lessons learned from the rulings.
Self-Settled Spendthrift Trusts
Understand how to minimize the risks and avoid fraudulent transfer rulings with creating self-settled spendthrift trusts.
The New Illinois Trust Code
An overview of the new Illinois Trust Code, which is based on the Uniform Trust Code, by a veteran member of the task force.
Deemed Realization of Gains on Gratuitous Transfers
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.
Qualified Opportunity Funds and Opportunity Zones
A deep dive into the benefits and concerns of Qualified Opportunity Funds and Opportunity Zones proposed regulations.
The SECURE Act
Understand the impacts of the SECURE Act and how it may affect non-spouse beneficiaries of retirement accounts.
The Impact of Tax Reform on Trusts After Divorce
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.
An Introduction to Charitable Pledges
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 | DAF
An introduction to Individual Donor Advised Funds, the rules and advantages when compared to a private foundation.
Deferred and Flexible Charitable Gift Annuities
Understand how Charitable Gift Annuities, CGA, can be structured with predictable and/or flexible payment streams.
Charitable Gift Annuities
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.
A Primer on Charitable Lead Trusts
An overview of Charitable Lead Trusts including CLAT, CLUT, Grantor and Nongrantor Trusts from an estate expert.
Charitable Remainder Trusts (CRT)
Overview of Charitable Remainder Trusts, CRT, including CRAT, CRUT, Split-Interest Trusts and answers to frequently asked questions on the topic.
A Primer on Private Foundations
A primer on creating a charitable private foundation, federal tax rules, state laws and required corporate documents.
An Introduction to Individual Charitable Deductions
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.
Basic Charitable Giving
Overview of the fundamentals of basic charitable giving including income tax, the estate and gift tax, and donating to a foreign charity.
Balancing Independence and Vulnerability of Older Adults | Part 3
Learn what lawyers and society can do to protect an older adult’s independence and reduce stereotypes – especially women – from elder financial abuse.
Balancing Independence and Vulnerability of Older Adults | Part 2
Elder financial abuse and who commits it, how we can help protect the autonomy of older adults and understand what the law can do to protect against such abuses.
Balancing Independence and Vulnerability of Older Adults | Part 1
Many women have a longer lifespan than men. How does the differing longevity impact financial management and potential vulnerabilities?
Balancing Independence and Vulnerability of Older Adults | Synopsis
How do attorneys balance an older client’s independence while protecting their assets? Professor Radford offers a synopsis of her 3-part lecture that begins August 6.
Depublication of the Special Needs Trust Case Scott v. McDonald
California Supreme Court depublishes Special Needs Trust Case Scott v. McDonald following Amicus Brief by ACTEC.
The New Uniform Fiduciary Income and Principal Act
A discussion of the Uniform Law Commission’s new Uniform Fiduciary Income and Principal Act, UFIPA, created in July 2018.
Third-Party Created Irrevocable Trusts: Protections and Pitfalls
Understand the ins-and-outs of third-party created irrevocable trust, examples and how they might vary between states.
Lawyers as Trustees
How should a trust and estate attorney navigate the ethical and legal dilemma that occurs when a client asks for him or her to serve as a trustee?
Marrying into Elder Abuse
Elder abuse by marrying to obtain wealth is on the rise. Understand the inadequate and new laws surrounding the issue.
Qualified Opportunity Funds and Opportunity Zones
An explanation of how Qualified Opportunity Funds and Opportunity Zones work and some of the intricacies surrounding them as of March 2019.
Introducing a Business Consultant to a Client Family
First, we want to tell everybody what we mean by consultant. We are really focusing on individuals who help on the soft side, the personal side.
The Fate of Settlor Intent in the World of Flexibility
A discussion of irrevocable trusts historically and present day, examples of recent cases, about what this means for planners, litigators, and trustees.
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.
ACTEC’s Guide for Agents Acting Under Durable Power of Attorney
A sneak peek into ACTEC’s Guide for Agents Acting Under Power of Attorney, which will be released later this year. Learn more about the duties and responsibilities in this podcast.
Responsible Investing for the Modern Fiduciary
How does sustainable and responsible investing intersect with fiduciary duty? May a trustee consider environmental, social, and governance, ESG, factors?
2018’s Priority Guidance Plan from the IRS and Treasury
Beth Shapiro Kaufman breaks down what wealth advisors need to know about the IRS and Treasury’s release of the 2018 Priority Guidance Plan.
Follow Up on the 2017 Tax Cuts and Jobs Act
Congress enacted the Tax Cuts and Jobs Act of 2017 which doubled the estate, gift, and generation skipping transfer tax exemption. Hear more about possible follow up legislation.
Section 199A and the 20% Deduction for Qualified Business Income
Discussion regarding Department of Treasury and the Internal Revenue Service’s proposed regulations under Section 199A regarding 20% deduction for qualified business income.
Estate Planning and Trust Management for a Brave New World | Part 4 of 4
ACTEC Fellow Hugh Magill’s final episode in the lecture series discusses increased life expectancy of grantors, their beneficiaries, and the implications to trusts and estates.
Estate Planning and Trust Management for a Brave New World | Part 3 of 4
ACTEC Fellow Hugh Magill continues his lecture by discussing how trusts need to evolve to serve new family dynamics and issues in designing trusts for contemporary families.
Estate Planning and Trust Management for a Brave New World | Part 2 of 4
A presentation of how changing demographics and multiple generations impact the current world of estate planning and trust management.
Estate Planning and Trust Management for a Brave New World | Part 1 of 4
Estate planning and trust management across multigeneration families. How do lower marriage rate and non-traditional families effect financial planning, estate planning, financial services?
Lending in the Probate Context
What is probate lending and why you should consider including a spendthrift clause in a will is discussed by ACTEC Fellow Professor David Horton.
The Valuation and Reporting of Cryptocurrency on Income, Gift, and Estate Tax Returns
The valuation of cryptocurrency, IRS guidance on tax planning, and how to prepare for an appraisal are discussed by John Varga of MPI Business Valuation and Advisory.
How to Start the Formation of a Business Entity
A discussion of tax considerations when forming a business. Learn more about S corp, C corp, LLC, LLP, and tax reform in this podcast.
Navigating Between the Hard-Knock Life and Easy Street When Passing Assets to Children
The rights of children to receive property from intestate estates and how to pass property effectively to children is discussed by Judge Butts and ACTEC Fellow Jane Ditelberg.
The Uniform Guardianship, Conservatorship, and Other Protective Arrangements Act
An explanation the Uniform Law Commission Act covering guardianship, conservatorship, power of attorney, protective arrangements, and guardianship of minors.
Ethical Considerations in Representing Clients in Connection With Family Businesses
What are the ethical legal considerations when representing a family business? Tips on how to avoid conflict and proper estate representation.
Special Industry Concerns as they Relate to Estate Planning for Family Businesses
Franchisees, dealerships, distributorships, and particularly how third-party interests can impact estate planning for a family business.
Owner Control, Operations, and Shareholder Agreements
Understanding the importance of estate planning documents, shareholder and buy-sell agreements in family and owner-controlled businesses.
Best Practices for the Governance, Operation, and Management of a Business Entity
Understanding the legal best practices for governance, operation, and management of closely-held and family businesses as discussed by expert.
Funeral Arrangements and Disposition of Human Remains
Legal and practical challenges are evolving with the respect of funeral arrangements and disposition of human remains. Listen to issues that may be avoided with proper estate planning.
Elder Financial Abuse: The Crime of the 21st Century
As the tradition of the close-knit family generation vanishes in America an epidemic of elder financial abuse is sweeping the country. ACTEC Fellows discuss this complicated topic in this podcast.
The Digital Will Revolution
Digital will, electronic will, e-will… no matter what you call it, practitioners will be confronted with this new type of will in the very near future. Learn more in this podcast.
9100 Relief: Jumping Through the Hoops When You Learn You have an “Oops!”
9100 Relief for missed or mishandled tax elections is broader, more frequently needed, and thus a lot more useful than many estate planners realize.
Powers of Appointment: From Snoozy to Sexy
Powers of appointment keep long-term trusts evergreen, to be responsive to changing family, tax, and economic landscapes and to transform old assets.
Do You Have All the Tools to Deal with Your Client’s IRA Custodian?
Hear the ins and outs of issues that may arise with client’s IRA custodian from ACTEC Fellow Svetlana Beckman.
What’s in Your Creditor Protection Toolbox for Clients?
There are many tools available to planners to help them achieve client creditors’ protection objectives without the need for a self-settled asset protection trust. Hear ACTEC Fellows discuss asset-protection strategies such as Tenancy by the Entirety, asset protection trusts, discretionary trusts, and more.
Hot Topics in Estate Planning
Forefront on everyone’s mind is the new Tax Act. And so, certainly, we want to talk a little about that, because it’s important, and it’s a very hot topic.