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.
Trust and estate litigation may not be avoidable. Fellows of The American College of Trust and Estate Counsel (ACTEC) share recommendations and cautions to legal professionals (attorneys?) on topics from electronic will pitfalls, client privilege, trustee disputes, and more.
- 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
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.
Witness Depositions of Valuation Experts
An expert shares best practices for T&E attorneys when preparing for a valuation, taking the deposition, and defending the witness.
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.
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.
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.
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.
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.
The Interplay Between Trust Accounting and Statute of Limitations
Litigation can be costly. Understand the special considerations attorneys should be aware of when reviewing trust accounting to avoid litigation.
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.
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?
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.
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.
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.
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.
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?
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...
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.
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.
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.
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.
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.
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.
Marrying into Elder Abuse
Elder abuse by marrying to obtain wealth is on the rise. Understand the inadequate and new laws surrounding the issue.
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.
The Ethical Hazards of Digital Assets
What trust and estate attorneys need to know to keep up with the advances in technology, especially in the area of digital assets is discussed by ACTEC Fellow John Rogers.
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.
Litigation Issues Involving Children in Estate Planning
What happens when the governing trust or estate is embroiled in litigation with beneficiaries that are children or minors? Learn more about Guardian Ad Litem and other nuances in this podcast.
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.
There are many techniques that may discourage challenges to your client’s estate planning documents, including steps the planner should take/avoid taking to assure client’s wishes are followed.
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.
Privileged Communication in Estate Planning and Advising
How can estate planners keep privileged communication safe when working with other advisors and professionals? ACTEC Fellows tackle attorney-client privilege and privileged communication issues.
What should attorneys have in their Engagement Letters?
Engagement Letters or Engagement Agreements are an invaluable tool for attorney’s setting the stage for the representation and managing a client’s expectations. ACTEC Fellows discuss the ins-and-outs of effective agreements.