Learn key elements that should be included in funding agreements including five essential recommendations to help them stand up to court scrutiny.
T&E Litigation PODCASTS
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.
Podcast Topics
- 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
The Latest T&E Litigation Podcast
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.
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.
Silent Trusts
What are the issues posed by silent trusts? Are designated representatives a solution to silent trusts? Learn more.
Trust Protectors
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.