ACTEC Trust & Estate Talk
297 episodes - English - Latest episode: 10 days ago - ★★★★★ - 64 ratingsACTEC Trust and Estate Talk is a free weekly podcast series. The series offers wealth planning professionals' best practice advice, insights, and commentary on subjects that affect the profession and clients. The American College of Trust and Estate Counsel (ACTEC) is a national association of approximately 2,400 peer-elected lawyers and law professors from across the United States and abroad with expertise in estate planning, probate and trust administration.
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Episodes
What Is Artificial Intelligence and the Impact on T&E Law in 2024 and Beyond?
April 09, 2024 20:33 - 19 minutes - 46.5 MBA primer on the types and uses of AI, then a deeper dive into the impact on trust and estate law from types to applications to ethical considerations. The American College of Trust and Estate Counsel, ACTEC, is a professional society of peer-elected trust and estate lawyers in the United States and around the globe. This series offers professionals best practice advice, insights and commentary on subjects that affect the profession and clients. Learn more in this podcast.
The IRS Ruling on Modifying a Grantor Trust
April 02, 2024 16:39 - 15 minutes - 36.8 MBExplore the gift tax implications for trust beneficiaries modifying grantor trusts in IRS CCA 202352018, with nuanced analysis and estate planning insights. The American College of Trust and Estate Counsel, ACTEC, is a professional society of peer-elected trust and estate lawyers in the United States and around the globe. This series offers professionals best practice advice, insights and commentary on subjects that affect the profession and clients. Learn more in this podcast.
The New Normal for Charitable Tax Planning
March 25, 2024 23:40 - 11 minutes - 28.2 MBExploring crucial aspects of charitable tax planning: contemporaneous written acknowledgments, qualified appraisals, and anticipatory assignment of income. The American College of Trust and Estate Counsel, ACTEC, is a professional society of peer-elected trust and estate lawyers in the United States and around the globe. This series offers professionals best practice advice, insights and commentary on subjects that affect the profession and clients. Learn more in this podcast.
A Discussion of Ante-Mortem Probate
March 19, 2024 18:25 - 8 minutes - 19.1 MBA law professor discusses updates in ante-mortem probate, aka pre-mortem probate, exploring benefits, risks, and state procedures in the evolving legal terrain. The American College of Trust and Estate Counsel, ACTEC, is a professional society of peer-elected trust and estate lawyers in the United States and around the globe. This series offers professionals best practice advice, insights and commentary on subjects that affect the profession and clients. Learn more in this podcast.
Tips for Preparing a Federal Estate Tax Return
March 12, 2024 19:46 - 10 minutes - 24.8 MBAn estate expert offers tips to professionals preparing a Federal Estate Tax Return, form 706, such as adjustable taxable gifts, real property, and more. The American College of Trust and Estate Counsel, ACTEC, is a professional society of peer-elected trust and estate lawyers in the United States and around the globe. This series offers professionals best practice advice, insights and commentary on subjects that affect the profession and clients. Learn more in this podcast.
Client Restrictions on Charitable Gifts
March 05, 2024 19:29 - 9 minutes - 21.8 MBExpert trust and estate advice and insights regarding restrictions for charitable gifts, managing donor intent, and the institution’s considerations. The American College of Trust and Estate Counsel, ACTEC, is a professional society of peer-elected trust and estate lawyers in the United States and around the globe. This series offers professionals best practice advice, insights and commentary on subjects that affect the profession and clients. Learn more in this podcast.
Conflicts of Interest in T&E Litigation
February 27, 2024 17:53 - 11 minutes - 26.1 MBExploring conflicts of interest in trust and estate litigation, from joint representations to multi-generational complexities, navigating ethical challenges. The American College of Trust and Estate Counsel, ACTEC, is a professional society of peer-elected trust and estate lawyers in the United States and around the globe. This series offers professionals best practice advice, insights and commentary on subjects that affect the profession and clients. Learn more in this podcast.
A Trustee's Duty to Minimize State Income Tax
February 20, 2024 18:23 - 13 minutes - 31.5 MBNavigating a trustee’s duty to minimize state income taxes entails legal, practical, and moral considerations, ensuring fiduciary obligations are met. The American College of Trust and Estate Counsel, ACTEC, is a professional society of peer-elected trust and estate lawyers in the United States and around the globe. This series offers professionals best practice advice, insights and commentary on subjects that affect the profession and clients. Learn more in this podcast.
Navigating Unique Issues in the Settlement of Trust and Estate Disputes
February 13, 2024 12:14 - 12 minutes - 29 MBA trust and estate expert offers guidance and explores the complexities of settling trust & estate disputes, from representing unrepresented parties to recent legal cases. The American College of Trust and Estate Counsel, ACTEC, is a professional society of peer-elected trust and estate lawyers in the United States and around the globe. This series offers professionals best practice advice, insights and commentary on subjects that affect the profession and clients. Learn more in this pod...
Tips for Dealing With and Drafting for Clients With Diminished Capacity
February 06, 2024 21:20 - 13 minutes - 32.6 MBLegal experts offer recommendations for estate planners when handling clients with diminishing capacity, including ethical considerations, POAs, trust planning, and more. The American College of Trust and Estate Counsel, ACTEC, is a professional society of peer-elected trust and estate lawyers in the United States and around the globe. This series offers professionals best practice advice, insights and commentary on subjects that affect the profession and clients. Learn more in this podc...
Practical Considerations in Dealing with Incapacity
January 30, 2024 14:01 - 14 minutes - 33.6 MBEstate planners discuss avoiding adult guardianships, assessing capacity, transitioning trustees, and addressing challenges in planning and litigation. The American College of Trust and Estate Counsel, ACTEC, is a professional society of peer-elected trust and estate lawyers in the United States and around the globe. This series offers professionals best practice advice, insights and commentary on subjects that
Considerations for the Two Weeks Following Death
January 23, 2024 20:31 - 9 minutes - 23.6 MBPractical expert guidance on estate planning for the two-week post-death period, including burial directives and laws, probate venue issues, and not rushing. The American College of Trust and Estate Counsel, ACTEC, is a professional society of peer-elected trust and estate lawyers in the United States and around the globe. This series offers professionals best practice advice, insights and commentary on subjects that affect the profession and clients. Learn more in this podcast.
Deathbed Planning for the Two Weeks Prior to Death
January 16, 2024 14:42 - 9 minutes - 23.1 MBExpert estate legal guidance on the two weeks before a client's death: from information gathering to tax considerations, probate avoidance, and gifting. The American College of Trust and Estate Counsel, ACTEC, is a professional society of peer-elected trust and estate lawyers in the United States and around the globe. This series offers professionals best practice advice, insights and commentary on subjects that affect the profession and clients. Learn more in this podcast.
AI and Trust and Estate Law: The Future Is Here to Stay
January 09, 2024 17:29 - 12 minutes - 29.7 MBA law professor explores the transformative impact of AI in trust and estate Law, delving into ethics, challenges, tips, and trends shaping legal practices. The American College of Trust and Estate Counsel, ACTEC, is a professional society of peer-elected trust and estate lawyers in the United States and around the globe. This series offers professionals best practice advice, insights and commentary on subjects that affect the profession and clients. Learn more in this podcast.
The Opportunity Zones Transparency, Extension, and Improvement Act
January 02, 2024 13:42 - 10 minutes - 25.5 MBAn overview of the Opportunity Zones Transparency Extension and Improvement Act, bipartisan legislation (HR 5761) in the U.S. House of Representatives. The American College of Trust and Estate Counsel, ACTEC, is a professional society of peer-elected trust and estate lawyers in the United States and around the globe. This series offers professionals best practice advice, insights and commentary on subjects that affect the profession and clients. Learn more in this podcast.
Interacting With Clients and Beneficiaries When Determining Incapacity
December 19, 2023 12:34 - 12 minutes - 29.1 MBExploring complexities in estate planning for incapacitated clients and beneficiaries, client communication, trust administration, and drafting considerations. The American College of Trust and Estate Counsel, ACTEC, is a professional society of peer-elected trust and estate lawyers in the United States and around the globe. This series offers professionals best practice advice, insights and commentary on subjects that affect the profession and clients. Learn more in this podcast.
Steps a Lawyer Can Take to Identify, Understand, and Deal With a Client With Diminishing Capacity
December 12, 2023 19:12 - 13 minutes - 30.1 MBExploring legal responsibilities in identifying and managing a client with diminishing capacity, from cognitive decline to ethical considerations in legal practice. The American College of Trust and Estate Counsel, ACTEC, is a professional society of peer-elected trust and estate lawyers in the United States and around the globe. This series offers professionals best practice advice, insights and commentary on subjects that affect the profession and clients. Learn more in this podcast.
Professional Responsibility Rules When Dealing With Clients Who Have Diminished Capacity
December 05, 2023 20:08 - 12 minutes - 28.7 MBA law professor explores the legal ethics of representing clients with diminishing capacity and reviews the ins and outs of the ABA’s Model Rule 1.14 and ACTEC’s Model Rules of Professional Conduct on the topic. The American College of Trust and Estate Counsel, ACTEC, is a professional society of peer-elected trust and estate lawyers in the United States and around the globe. This series offers professionals best practice advice, insights and commentary on subjects that affect the profe...
Conflicts that Arise After Retention of a Client
November 28, 2023 16:31 - 10 minutes - 24.7 MBEstate planning attorneys delve into examples of ethical dilemmas in client confidentiality amidst conflicts, exploring the legal cases and responsibilities. The American College of Trust and Estate Counsel, ACTEC, is a professional society of peer-elected trust and estate lawyers in the United States and around the globe. This series offers professionals best practice advice, insights and commentary on subjects that affect the profession and clients. Learn more in this podcast.
The Hoensheid Case and the Assignment of Business Income for a Sale
November 14, 2023 22:25 - 9 minutes - 23.6 MBA review of the Tax Court's decision In the Hoensheild case on how a business's income assignment may be treated during the sale of a company and legal nuances. The American College of Trust and Estate Counsel, ACTEC, is a professional society of peer-elected trust and estate lawyers in the United States and around the globe. This series offers professionals best practice advice, insights and commentary on subjects that affect the profession and clients. Learn more in this podcast.
Power Tools for Choice of Law on Trust Validity
November 07, 2023 18:38 - 13 minutes - 31 MBExploring choice of law challenges in trust validity, including issues arising from powers of appointment, with insights from legal experts. The American College of Trust and Estate Counsel, ACTEC, is a professional society of peer-elected trust and estate lawyers in the United States and around the globe. This series offers professionals best practice advice, insights and commentary on subjects that affect the profession and clients. Learn more in this podcast.
The Ethics and Future of Practicing Law Remotely
October 31, 2023 12:42 - 14 minutes - 33.9 MBEstate planning lawyers share their best tips for practicing law remotely, ethical duties, work trends and tips post-COVID, with 87% of lawyers now working remotely. The American College of Trust and Estate Counsel, ACTEC, is a professional society of peer-elected trust and estate lawyers in the United States and around the globe. This series offers professionals best practice advice, insights and commentary on subjects that affect the profession and clients. Learn more in this podcast.
Surprising Tax on Distributions From a Partnership
October 24, 2023 16:20 - 8 minutes - 21 MBExplanation of the Tax Court's ruling in Clark Raymond & Co. v. Comm'r and their book of business distributions after the termination of a partnership. The American College of Trust and Estate Counsel, ACTEC, is a professional society of peer-elected trust and estate lawyers in the United States and around the globe. This series offers professionals best practice advice, insights and commentary on subjects that affect the profession and clients. Learn more in this podcast.
US Estate Tax Tips for Non-US Persons and Their Advisors
October 17, 2023 18:47 - 18 minutes - 43.7 MBIn this valuable discussion, learn about U.S. estate tax for non-U.S. persons, filing requirements, taxable assets, transfer certificates, and treaty benefits. The American College of Trust and Estate Counsel, ACTEC, is a professional society of peer-elected trust and estate lawyers in the United States and around the globe. This series offers professionals best practice advice, insights and commentary on subjects that affect the profession and clients. Learn more in this podcast.
Drafting with Consideration of Foreign Trust Registration
October 10, 2023 15:12 - 11 minutes - 27.5 MBAn estate planning expert explains the complexities of US trustees dealing with foreign trust registration, the Corporate Transparency Act, and drafting strategies. The American College of Trust and Estate Counsel, ACTEC, is a professional society of peer-elected trust and estate lawyers in the United States and around the globe. This series offers professionals best practice advice, insights and commentary on subjects that affect the profession and clients. Learn more in this podcast.
The IRS is Here to Help: How Does That Happen?
October 03, 2023 17:25 - 17 minutes - 39.6 MBT&E experts offer recommendations regarding IRS guidance: Private Letter Rulings (PLRs), Technical Advice Memorandums (TAMs), and Chief Counsel Advice (CCAs). The American College of Trust and Estate Counsel, ACTEC, is a professional society of peer-elected trust and estate lawyers in the United States and around the globe. This series offers professionals best practice advice, insights and commentary on subjects that affect the profession and clients. Learn more in this podcast.
The Dangers of Deferring Estate Tax
September 26, 2023 17:38 - 8 minutes - 20 MBExplore the risks of deferring estate tax, including secret IRS liens, credit implications, and alternatives with insights from ACTEC experts. The American College of Trust and Estate Counsel, ACTEC, is a professional society of peer-elected trust and estate lawyers in the United States and around the globe. This series offers professionals best practice advice, insights and commentary on subjects that affect the profession and clients. Learn more in this podcast.
Impact of the Connelly v. United States Decision
September 19, 2023 12:16 - 16 minutes - 38 MBAn estate planning attorney discusses the implications of Connelly v. US, buy-sell agreement, valuation of life insurance proceeds, Section 2703, and more. The American College of Trust and Estate Counsel, ACTEC, is a professional society of peer-elected trust and estate lawyers in the United States and around the globe. This series offers professionals best practice advice, insights and commentary on subjects that affect the profession and clients. Learn more in this podcast.
A New Decision on Adequate Disclosure of Gifts
September 12, 2023 15:03 - 11 minutes - 26.5 MBUnderstand the taxpayer victory and tax court decision in Schlapfer v. Comm'r that strict compliance with adequate disclosure regulations may not be necessary. The American College of Trust and Estate Counsel, ACTEC, is a professional society of peer-elected trust and estate lawyers in the United States and around the globe. This series offers professionals best practice advice, insights and commentary on subjects that affect the profession and clients. Learn more in this podcast.
The Intersection of Well-Being and Trust Planning
September 05, 2023 19:09 - 8 minutes - 20.1 MBT&E practitioners are introducing Well-Being theory into estate planning by encouraging clients to add Well-Being provisions into the drafting process. The American College of Trust and Estate Counsel, ACTEC, is a professional society of peer-elected trust and estate lawyers in the United States and around the globe. This series offers professionals best practice advice, insights and commentary on subjects that affect the profession and clients. Learn more in this podcast.
Practical Considerations in Representing the (Un)Happily Married (Pt. 3 of 3)
August 29, 2023 12:16 - 23 minutes - 54.2 MBAn estate lawyer discusses tax traps, creative planning techniques, and practice tips for situations when trusts may be on the divorce balance sheet. Pt. 3 of 3 The American College of Trust and Estate Counsel, ACTEC, is a professional society of peer-elected trust and estate lawyers in the United States and around the globe. This series offers professionals best practice advice, insights and commentary on subjects that affect the profession and clients. Learn more in this podcast.
Practical Considerations in Representing the (Un)Happily Married (Pt. 2 of 3)
August 22, 2023 18:28 - 13 minutes - 32.1 MBAn estate lawyer shares how to analyze if trust assets might be on the table in divorce and how to review the history of the trust administration. Pt. 2 of 3 The American College of Trust and Estate Counsel, ACTEC, is a professional society of peer-elected trust and estate lawyers in the United States and around the globe. This series offers professionals best practice advice, insights and commentary on subjects that affect the profession and clients. Learn more in this podcast.
Practical Considerations in Representing the (Un)Happily Married (Pt. 1 of 3)
August 14, 2023 20:44 - 13 minutes - 31.6 MBAn estate lawyer offers eight questions to ask clients about trust assets to see what is vulnerable in divorce in Part 1 of 3 of this topic. The American College of Trust and Estate Counsel (ACTEC) is a professional society of peer-elected trust and estate lawyers in the United States and around the globe. This series offers professionals best practice advice, insights, and commentary on subjects that affect the profession and clients. Learn more in this podcast.
Considerations for Nonprofits in Accepting Crypto Donations
August 08, 2023 16:00 - 11 minutes - 27.1 MBEstate planning and banking investment professionals explain what nonprofits need to understand before accepting donations of cryptocurrency, crypto. The American College of Trust and Estate Counsel, ACTEC, is a professional society of peer-elected trust and estate lawyers in the United States and around the globe. This series offers professionals best practice advice, insights and commentary on subjects that affect the profession and clients. Learn more in this podcast.
Best Practices for Virtual Court and Legal Proceedings
August 01, 2023 13:02 - 15 minutes - 37.1 MBA litigation expert offers best practices for virtual hearings, online legal proceedings and guidance for navigating this relatively new environment. The American College of Trust and Estate Counsel, ACTEC, is a professional society of peer-elected trust and estate lawyers in the United States and around the globe. This series offers professionals best practice advice, insights and commentary on subjects that affect the profession and clients. Learn more in this podcast.
Tips for Winding Up Charitable Entities
July 25, 2023 12:17 - 12 minutes - 28.7 MBWhat happens to charities upon the death of a founder, or is deemed a risk by those in control? Estate planners share tips for winding down charitable entities. The American College of Trust and Estate Counsel, ACTEC, is a professional society of peer-elected trust and estate lawyers in the United States and around the globe. This series offers professionals best practice advice, insights and commentary on subjects that affect the profession and clients. Learn more in this podcast.
SECURE Act 2.0 and Charitable Remainder Trusts
July 18, 2023 16:11 - 8 minutes - 19.5 MBA legal scholar explains a new law allowing IRA owners to transfer up to $50,000 directly to a charitable gift annuity or Charitable Remainder Trust. The American College of Trust and Estate Counsel, ACTEC, is a professional society of peer-elected trust and estate lawyers in the United States and around the globe. This series offers professionals best practice advice, insights and commentary on subjects that affect the profession and clients. Learn more in this podcast.
Directed Trusts Laws and Related Uniformed Acts
July 11, 2023 11:52 - 22 minutes - 51.5 MBUniform 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. The American College of Trust and Estate Counsel, ACTEC, is a professional society of peer-elected trust and estate lawyers in the United States and around the globe. This series offers professionals best practice advice, insights and commentary on subjects that affect the profession and clients. Learn more in this podca...
QSBS Planning and Potential Pitfalls
June 27, 2023 12:36 - 14 minutes - 34.8 MBA legal expert clarifies QSBS, Qualified Small Business Stock, and explains the planning opportunities, what advisors need to know, redemption, and the nuances of adding it to an estate. The American College of Trust and Estate Counsel, ACTEC, is a professional society of peer-elected trust and estate lawyers in the United States and around the globe. This series offers professionals best practice advice, insights and commentary on subjects that affect the profession and clients. Learn ...
The Complexity of Dealing with a Holographic eWill
June 20, 2023 13:17 - 8 minutes - 19.1 MBA trust and estate expert shares the interesting case of a holographic ewill in Mississippi written in the testator’s handwriting on an iPad. The American College of Trust and Estate Counsel, ACTEC, is a professional society of peer-elected trust and estate lawyers in the United States and around the globe. This series offers professionals best practice advice, insights and commentary on subjects that affect the profession and clients. Learn more in this podcast.
Understanding the Kittler eWill Case in PA
June 13, 2023 12:17 - 6 minutes - 16.6 MBA 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. The American College of Trust and Estate Counsel, ACTEC, is a professional society of peer-elected trust and estate lawyers in the United States and around the globe. This series offers professionals best practice advice, insights and commentary on subjects that affect the profession and clients. Learn more in this podcast.
Recent IRS Challenges to Grantor Retained Annuity Trusts (GRAT)
June 06, 2023 16:53 - 14 minutes - 34.4 MBAn overview of two recent IRS cases regarding Granter Retained Annuity Trusts, GRAT, the significance of the cases for estate planners and the IRS rulings. The American College of Trust and Estate Counsel, ACTEC, is a professional society of peer-elected trust and estate lawyers in the United States and around the globe. This series offers professionals best practice advice, insights and commentary on subjects that affect the profession and clients. Learn more in this podcast.
Patagonia Purpose Trusts
May 30, 2023 11:35 - 10 minutes - 24.2 MBThe founder of Patagonia clothing transferred $3B of stock to a Purpose Trust. What is a Purpose Trust and how does it meet Patagonia's corporate objectives? The American College of Trust and Estate Counsel, ACTEC, is a professional society of peer-elected trust and estate lawyers in the United States and around the globe. This series offers professionals best practice advice, insights and commentary on subjects that affect the profession and clients. Learn more in this podcast.
Tips for Joint Representation of Spouses: Part 2 of 2
May 23, 2023 17:03 - 10 minutes - 23.7 MBPodcast 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, ACTEC, is a professional society of peer-elected trust and estate lawyers in the United States and around the globe. This series offers professionals best practice advice, insights and commentary on subjects that affect the profession and clients. Learn more in this podcast.
Tips for Joint Representation of Spouses: Engagement Letters (Pt. 1 of 2)
May 16, 2023 17:42 - 9 minutes - 23.4 MBFour tips practitioners need to keep in mind when providing joint representation to spouses and where to find sample attorney engagement letters. The American College of Trust and Estate Counsel, ACTEC, is a professional society of peer-elected trust and estate lawyers in the United States and around the globe. This series offers professionals best practice advice, insights and commentary on subjects that affect the profession and clients. Learn more in this podcast.
Non-Grantor Irrevocable Complex Discretionary Spendthrift Trusts
May 09, 2023 13:11 - 12 minutes - 28.5 MBDon't get fooled by non-grantor irrevocable complex discretionary spendthrift trust scams. An expert warns about questionable trust structures marketed online. The American College of Trust and Estate Counsel, ACTEC, is a professional society of peer-elected trust and estate lawyers in the United States and around the globe. This series offers professionals best practice advice, insights and commentary on subjects that affect the profession and clients. Learn more in this podcast.
Considerations for US Owners of Canadian Property
May 03, 2023 14:22 - 10 minutes - 23.9 MBGuidance for Americans purchasing real property in Canada, including tax traps, LLC and personal ownership considerations, non-resident prohibitions and more. The American College of Trust and Estate Counsel, ACTEC, is a professional society of peer-elected trust and estate lawyers in the United States and around the globe. This series offers professionals’ best practice advice, insights and commentary on subjects that affect the profession and clients. Learn more in this podcast.
U.S. Tax Considerations When Buying Property Abroad
April 25, 2023 14:02 - 11 minutes - 26.6 MBExpert 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. The American College of Trust and Estate Counsel, ACTEC, is a professional society of peer-elected trust and estate lawyers in the United States and around the globe. This series offers professionals’ best practice advice, insights and commentary on subjects that affect the profession and clients. Learn more in this podcast.
Hiring, Examining, and Being an Expert Witness
April 18, 2023 12:58 - 9 minutes - 22.2 MBT&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. The American College of Trust and Estate Counsel, ACTEC, is a professional society of peer-elected trust and estate lawyers in the United States and around the globe. This series offers professionals' best practice advice, insights and commentary on subjects that affect the profession and clients. Learn more in this podca...
Summary of Hot Trust & Estate Topics from 2022 and Early 2023
April 11, 2023 11:54 - 24 minutes - 55.9 MBEstate planning experts review recent T&E cases, IRS rulings, SECURE Act 2.0, DAF and CRT cautions, and other recent developments impacting estate planners. The American College of Trust and Estate Counsel, ACTEC, is a professional society of peer-elected trust and estate lawyers in the United States and around the globe. This series offers professionals’ best practice advice, insights and commentary on subjects that affect the profession and clients. Learn more in this podcast.