Latest Livingwills Podcast Episodes

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Planning Ahead for the Sunsetting of the Tax Cuts and Jobs Act Exemptions

ACTEC Trust & Estate Talk - May 28, 2024 11:48 - 14 minutes ★★★★★ - 64 ratings
Estate planners discuss strategies anticipating the 2025 sunset of the TCJA exemptions, highlighting flexible trusts, spousal trusts, and valuation clauses. The American College of Trust and Estate Counsel, ACTEC, is a professional society of peer-elected trust and estate lawyers in the Unit...

ACTEC Trust & Estate Talk artwork

Estate Planning in 2024 | 300th Podcast!

ACTEC Trust & Estate Talk - May 21, 2024 12:33 - 9 minutes ★★★★★ - 64 ratings
Explore hot topics in estate planning for 2024 with expert as he delves into CCA 202352018, grantor trusts, gift tax implications, and QTIPs. 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 a...

ACTEC Trust & Estate Talk artwork

Tips Regarding Fiduciary Disputes and Estate Planning

ACTEC Trust & Estate Talk - May 14, 2024 16:43 - 12 minutes ★★★★★ - 64 ratings
An estate planning attorney examines fiduciary disputes in estate planning through case studies, highlighting lessons learned for litigators and planners. The American College of Trust and Estate Counsel, ACTEC, is a professional society of peer-elected trust and estate lawyers in the United...

ACTEC Trust & Estate Talk artwork

The New Undue Influence

ACTEC Trust & Estate Talk - May 07, 2024 14:38 - 9 minutes ★★★★★ - 64 ratings
Law professors discuss the evolving landscape of undue influence in estate law, analyzing economic dynamics, legislative changes, and empirical findings. The American College of Trust and Estate Counsel, ACTEC, is a professional society of peer-elected trust and estate lawyers in the United ...

ACTEC Trust & Estate Talk artwork

Government Regulation of Artificial Intelligence

ACTEC Trust & Estate Talk - April 30, 2024 13:53 - 8 minutes ★★★★★ - 64 ratings
Rapid growth of AI demands government regulation to safeguard against misuse of private data. Global efforts are underway to address this critical issue. The American College of Trust and Estate Counsel, ACTEC, is a professional society of peer-elected trust and estate lawyers in the United ...

ACTEC Trust & Estate Talk artwork

AI-Related Practice Management Considerations for Law Firms

ACTEC Trust & Estate Talk - April 23, 2024 12:14 - 9 minutes ★★★★★ - 64 ratings
A discussion for law firms about how to incorporate AI in their practice management, including staff considerations, the “billable hour,” 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...

ACTEC Trust & Estate Talk artwork

The Ethical Use of Artificial Intelligence in Trust & Estate Law

ACTEC Trust & Estate Talk - April 16, 2024 11:52 - 11 minutes ★★★★★ - 64 ratings
A law professor offers insights into the risks, rewards, duties and ethical considerations of lawyers using AI in their T&E 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 t...

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What Is Artificial Intelligence and the Impact on T&E Law in 2024 and Beyond?

ACTEC Trust & Estate Talk - April 09, 2024 20:33 - 19 minutes ★★★★★ - 64 ratings
A 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 Sta...

ACTEC Trust & Estate Talk artwork

The IRS Ruling on Modifying a Grantor Trust

ACTEC Trust & Estate Talk - April 02, 2024 16:39 - 15 minutes ★★★★★ - 64 ratings
Explore 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 Unit...

ACTEC Trust & Estate Talk artwork

The New Normal for Charitable Tax Planning

ACTEC Trust & Estate Talk - March 25, 2024 23:40 - 11 minutes ★★★★★ - 64 ratings
Exploring 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 Unite...

ACTEC Trust & Estate Talk artwork

A Discussion of Ante-Mortem Probate

ACTEC Trust & Estate Talk - March 19, 2024 18:25 - 8 minutes ★★★★★ - 64 ratings
A 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 ...

ACTEC Trust & Estate Talk artwork

Tips for Preparing a Federal Estate Tax Return

ACTEC Trust & Estate Talk - March 12, 2024 19:46 - 10 minutes ★★★★★ - 64 ratings
An 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 ...

ACTEC Trust & Estate Talk artwork

Client Restrictions on Charitable Gifts

ACTEC Trust & Estate Talk - March 05, 2024 19:29 - 9 minutes ★★★★★ - 64 ratings
Expert 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 Stat...

ACTEC Trust & Estate Talk artwork

Conflicts of Interest in T&E Litigation

ACTEC Trust & Estate Talk - February 27, 2024 17:53 - 11 minutes ★★★★★ - 64 ratings
Exploring 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 Uni...

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A Trustee's Duty to Minimize State Income Tax

ACTEC Trust & Estate Talk - February 20, 2024 18:23 - 13 minutes ★★★★★ - 64 ratings
Navigating 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 Sta...

ACTEC Trust & Estate Talk artwork

Navigating Unique Issues in the Settlement of Trust and Estate Disputes

ACTEC Trust & Estate Talk - February 13, 2024 12:14 - 12 minutes ★★★★★ - 64 ratings
A 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 lawy...

ACTEC Trust & Estate Talk artwork

Tips for Dealing With and Drafting for Clients With Diminished Capacity

ACTEC Trust & Estate Talk - February 06, 2024 21:20 - 13 minutes ★★★★★ - 64 ratings
Legal 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 lawye...

ACTEC Trust & Estate Talk artwork

Practical Considerations in Dealing with Incapacity

ACTEC Trust & Estate Talk - January 30, 2024 14:01 - 14 minutes ★★★★★ - 64 ratings
Estate 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 St...

ACTEC Trust & Estate Talk artwork

Considerations for the Two Weeks Following Death

ACTEC Trust & Estate Talk - January 23, 2024 20:31 - 9 minutes ★★★★★ - 64 ratings
Practical 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 Uni...

ACTEC Trust & Estate Talk artwork

Deathbed Planning for the Two Weeks Prior to Death

ACTEC Trust & Estate Talk - January 16, 2024 14:42 - 9 minutes ★★★★★ - 64 ratings
Expert 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 S...

ACTEC Trust & Estate Talk artwork

AI and Trust and Estate Law: The Future Is Here to Stay

ACTEC Trust & Estate Talk - January 09, 2024 17:29 - 12 minutes ★★★★★ - 64 ratings
A 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 Unit...

ACTEC Trust & Estate Talk artwork

The Opportunity Zones Transparency, Extension, and Improvement Act

ACTEC Trust & Estate Talk - January 02, 2024 13:42 - 10 minutes ★★★★★ - 64 ratings
An 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 St...

ACTEC Trust & Estate Talk artwork

Interacting With Clients and Beneficiaries When Determining Incapacity

ACTEC Trust & Estate Talk - December 19, 2023 12:34 - 12 minutes ★★★★★ - 64 ratings
Exploring 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 ...

ACTEC Trust & Estate Talk artwork

Steps a Lawyer Can Take to Identify, Understand, and Deal With a Client With Diminishing Capacity

ACTEC Trust & Estate Talk - December 12, 2023 19:12 - 13 minutes ★★★★★ - 64 ratings
Exploring 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...

ACTEC Trust & Estate Talk artwork

Professional Responsibility Rules When Dealing With Clients Who Have Diminished Capacity

ACTEC Trust & Estate Talk - December 05, 2023 20:08 - 12 minutes ★★★★★ - 64 ratings
A 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 soci...

ACTEC Trust & Estate Talk artwork

Conflicts that Arise After Retention of a Client

ACTEC Trust & Estate Talk - November 28, 2023 16:31 - 10 minutes ★★★★★ - 64 ratings
Estate 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 Un...

ACTEC Trust & Estate Talk artwork

The Hoensheid Case and the Assignment of Business Income for a Sale

ACTEC Trust & Estate Talk - November 14, 2023 22:25 - 9 minutes ★★★★★ - 64 ratings
A 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...

ACTEC Trust & Estate Talk artwork

Power Tools for Choice of Law on Trust Validity

ACTEC Trust & Estate Talk - November 07, 2023 18:38 - 13 minutes ★★★★★ - 64 ratings
Exploring 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 a...

ACTEC Trust & Estate Talk artwork

The Ethics and Future of Practicing Law Remotely

ACTEC Trust & Estate Talk - October 31, 2023 12:42 - 14 minutes ★★★★★ - 64 ratings
Estate 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...

ACTEC Trust & Estate Talk artwork

Surprising Tax on Distributions From a Partnership

ACTEC Trust & Estate Talk - October 24, 2023 16:20 - 8 minutes ★★★★★ - 64 ratings
Explanation 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 St...

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