A law professor discusses updates in ante-mortem probate, aka pre-mortem probate, exploring benefits, risks, and state procedures in the evolving legal terrain.
Uniform Law, Multi-State Issues & Laws PODCASTS
Fellows of The American College of Trust and Estate Counsel (ACTEC) discuss the difference in laws impacting estate planning between states. Topics include differences between community property and common law states, the Uniform Trust Code, and changes in the law.
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 Uniform Law, Multi-State Issues & Laws Podcast
A Trustee’s Duty to Minimize State Income Tax
Navigating a trustee’s duty to minimize state income taxes entails legal, practical, and moral considerations, ensuring fiduciary obligations are met.
Professional Responsibility Rules When Dealing With Clients Who Have Diminished Capacity
Law professor explores legal ethics of representing diminished capacity clients: insights on Model Rule 1.14, conflicts, confidentiality, and protective action.
Power Tools for Choice of Law on Trust Validity
Exploring choice of law challenges in trust validity, including issues arising from powers of appointment, with insights from legal experts.
Drafting with Consideration of Foreign Trust Registration
An estate planning expert explains the complexities of US trustees dealing with foreign trust registration, the Corporate Transparency Act, and drafting strategies.
Directed Trusts Laws and Related Uniformed Acts
Uniform Directed Trust Act in action. A review of the act enacted in 16 states, the latest on directed trusts from the perspective of trustee, planner, and litigator.
Understanding the Kittler eWill Case in Pennsylvania
A Pennsylvania Fellows explains the issue of the case of Susan Kittler, who, during COVID in 2021, drafted a will and executed it using an electronic signature.
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.
Civil Law Concepts in American Family and Inheritance Laws
A law professor shares ways civil and common law systems have influenced each other, particularly in matters relating to adoption, family and inheritance laws.
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.
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.
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.
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.
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.
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.
An Introduction to the Corporate Transparency Act (CTA)
An overview of how wealth planners and T&E practitioners can comply with the proposed anti-money laundering rules of the Corporate Transparency Act.
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.
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.
Conflict of Laws and Relation-Back of Powers of Appointment
ABA RPT Law Journal author offers an overview on new article “Conflicts of Laws and the Transitivity of the ‘Relation-back’ of Special Powers of Appointment.”
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.
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.
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.
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.
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?
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
Important takeaways of what lawyers and estate planners need to know about the Corporate Transparency Act, CTA.
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.
Uniform Trust Code Cases from 2020
An update on how Kansas, Kentucky and Nebraska have applied Uniform Trust Code, UTC, in 2020 cases.
Attorney-Client Privilege – Waivers and Exceptions
Learn from ACTEC trust and estate planning experts when attorney client privilege can be waived or except.
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.
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 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.
North Carolina v. Kaestner: The Recent US Supreme Court Case on State Fiduciary Income Tax
Understand the effect on trusts and how to minimize state income tax following the Supreme Court’s decision in North Carolina v. Kaestner.
The Uniform Trust Code and the Future of American Trust Law
A discussion of the evolution of the Uniform Trust Code and the changes in trust and estate design and administration.
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.
Musings on Contemporary Trust Issues
Issues facing the ULC regarding the Uniform Power of Appointment Act and the Uniform Directed Trust Act with an expert on the subject.
Horton v. Jones Case on Electronic Wills
Can a person create a valid will that is not formally executed as required by state law? Find out more about electronic wills through discussion of the Horton v. Jones case.
Trust Residency and State Tax Nexus Planning
A discussion of fiduciary income taxation of trusts, trust residency and taxation in light of recent development in Supreme Court and other case law.
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.
Situs and the Resident Trust
We’re talking about issues pertaining to the fiduciary income tax that states impose on trusts.
State Law Pitfalls: Don’t Step in It When Your Client Steps Across State Lines
There are many pitfalls when an estate plan or trust cross state lines. ACTEC Fellows offer things to consider when drafting a will.
What Estate Planners Need to Know About the Uniform Voidable Transactions Act
ACTEC Fellows discuss what problems trust and estate counselors need to be aware of with the Uniform Voidable Transactions Act when advising clients.