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ACTEC Trust & Estate Talk

ACTEC Trust & Estate Talk

376 episodes — Page 3 of 8

Ep 276Conflicts that Arise After Retention of a Client

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 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.

Nov 28, 202310 min

Ep 275The Hoensheid Case and the Assignment of Business Income for a Sale

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 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.

Nov 14, 20239 min

Ep 274Power 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. 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.

Nov 7, 202313 min

Ep 273The Ethics and Future of Practicing Law Remotely

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 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.

Oct 31, 202314 min

Ep 272Surprising Tax on Distributions From a Partnership

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 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.

Oct 24, 20238 min

Ep 271US Estate Tax Tips for Non-US Persons and Their Advisors

In 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.

Oct 17, 202318 min

Ep 270Drafting 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. 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.

Oct 10, 202311 min

Ep 269The IRS is Here to Help: How Does That Happen?

T&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.

Oct 3, 202317 min

Ep 268The Dangers of Deferring Estate Tax

Explore 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.

Sep 26, 20238 min

Ep 267Impact of the Connelly v. United States Decision

An 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.

Sep 19, 202316 min

Ep 266A New Decision on Adequate Disclosure of Gifts

Understand 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.

Sep 12, 202311 min

Ep 265The Intersection of Well-Being and Trust Planning

T&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.

Sep 5, 20238 min

Ep 264Practical Considerations in Representing the (Un)Happily Married (Pt. 3 of 3)

An 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.

Aug 29, 202323 min

Ep 263Practical Considerations in Representing the (Un)Happily Married (Pt. 2 of 3)

An 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.

Aug 22, 202313 min

Ep 262Practical Considerations in Representing the (Un)Happily Married (Pt. 1 of 3)

An 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.

Aug 14, 202313 min

Ep 261Considerations for Nonprofits in Accepting Crypto Donations

Estate 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.

Aug 8, 202311 min

Ep 260Best Practices for Virtual Court and Legal Proceedings

A 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.

Aug 1, 202315 min

Ep 259Tips for Winding Up Charitable Entities

What 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.

Jul 25, 202312 min

Ep 258SECURE Act 2.0 and Charitable Remainder Trusts

A 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.

Jul 18, 20238 min

Ep 257Directed 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. 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.

Jul 11, 202322 min

Ep 256QSBS Planning and Potential Pitfalls

A 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 more in this podcast.

Jun 27, 202314 min

Ep 255The Complexity of Dealing with a Holographic eWill

A 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.

Jun 20, 20238 min

Ep 254Understanding the Kittler eWill Case in PA

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. 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.

Jun 13, 20236 min

Ep 253Recent IRS Challenges to Grantor Retained Annuity Trusts (GRAT)

An 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.

Jun 6, 202314 min

Ep 252Patagonia Purpose Trusts

The 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.

May 30, 202310 min

Ep 251Tips for Joint Representation of Spouses: Part 2 of 2

Podcast 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.

May 23, 202310 min

Ep 250Tips for Joint Representation of Spouses: Engagement Letters (Pt. 1 of 2)

Four 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.

May 16, 20239 min

Ep 249Non-Grantor Irrevocable Complex Discretionary Spendthrift Trusts

Don'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.

May 9, 202312 min

Ep 248Considerations for US Owners of Canadian Property

Guidance 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.

May 3, 202310 min

Ep 247U.S. Tax Considerations When Buying Property Abroad

Expert 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.

Apr 25, 202311 min

Ep 246Hiring, Examining, and Being an Expert Witness

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. 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.

Apr 18, 20239 min

Ep 245Summary of Hot Trust & Estate Topics from 2022 and Early 2023

Estate 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.

Apr 11, 202324 min

Ep 244Civil 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. 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.

Apr 4, 202311 min

Ep 243Supreme Court Rules on Alexandru Bittner v. United Stateser vs 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. 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.

Mar 28, 20239 min

Ep 2423Lessons 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. An estate expert explains the benefits of using an established and experienced corporate trustee. 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.

Mar 21, 202314 min

Ep 241Relief for S Corporation Mishaps

Expert tax advice on the relief provided in IRS Revenue Rulings for S Corporation to address mistakes and mess-ups in tax filing or ownership restrictions. 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.

Mar 14, 20239 min

Ep 240The Importance of Treating Life Insurance as an Asset and Maximizing Value

Life insurance may be a client's most valuable asset. Understand how to identify a policy's value and sell it for other estate needs instead of letting it lapse. 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.

Mar 7, 20239 min

Ep 239The Separate Shares Rules and Their Nuances

An explanation of how and when separate share rules and the nuances involved with Income in Respect to the Decedent, IRD, and S Corporation stock. 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.

Feb 28, 202314 min

Ep 238Income Taxation of Joint Revocable Trusts

An estate expert explains the options and complexity for the surviving spouse in a joint revocable trust following the death of the other spouse. 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.

Feb 21, 20239 min

Ep 237Witness 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. 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.

Feb 14, 202312 min

Ep 236Corporate Transparency: US Joins the Rest of The World

Update on Corporate Transparency Act final regulations: experts explain requirements by the reporting company, beneficial owner, and applicants. 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.

Feb 7, 202314 min

Ep 235Understanding 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 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.

Jan 31, 202314 min

Ep 233Considerations in the Possible Liquidation of a Closely Held Entity and Other Alternatives (Pt. 4 of 4)

The final part of the Closely Held Entities series explores potential liquidation, including audit, valuation and tax issues, and where it may make sense not to liquidate. 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.

Jan 24, 202318 min

Ep 233The Administration of a Closely Held Entity (Pt. 3 of 4)

In part 3 of Closely Held Entities, estate planners examine critical issues as well as discuss conducting a lifetime stress test for those 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.

Jan 17, 202310 min

Ep 232Formation of a Closely Held Entity (Part 2 of 4)

With part 2 of the Closely Held Entities, ACTEC's trust and estate experts dig a bit deeper into issues of the formation of LLCs and limited partnerships. 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.

Jan 10, 202315 min

Ep 231An Illuminating Look at Closely Held Entities (Pt. 1 of 4)

Trust and estate experts introduce a 4-part podcast series on the main phases of the closely held entity: formation, administration, and possible liquidation. 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.

Jan 3, 202317 min

Ep 230Moving Your Firm to the Cloud

Lawyers share tips for planning and successfully moving your firm's data and software to a cloud solution. Understand the benefits and risks in this podcast. 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.

Dec 20, 202221 min

Ep 229Supporting and Mentoring Female Estate Planning Attorneys

An experienced mentor and estate planning attorney offers tips on work-life balance, mentorship, and supporting women in trust and estate law. 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.

Dec 13, 202224 min

Ep 228Work-Life Balance: Recommendations for Attorneys

An attorney shares his recommendations for work-life balance and tips for setting boundaries, reducing stress, and setting an example for younger employees. 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.

Dec 6, 202212 min

Ep 227What You Need to Know About Authenticating Cross-Border Documents and the Importance of Electronic Apostilles (e-APP)

International estate planning experts explain ACTEC's support of electronic apostilles, e-APPs, and the importance of apostilles to the trusts and estates 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.

Nov 29, 202220 min