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ACTEC Trust & Estate Talk

ACTEC Trust & Estate Talk

376 episodes — Page 4 of 8

Ep 226Top 10 Recommendations for Planning Retirement Benefits Under the SECURE Act

Planning for retirement benefits under the SECURE Act is complicated. Hear the top ten recommendations from a trust and estate expert when planning distributions. 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 15, 20227 min

Ep 225ACTEC's Comments on Section 2053 - Proposed Estate Tax Regulations

ACTEC comments on proposed regulations under IRS Code Section 2053, and the effects on estates seeking to deduct funeral and administrative expenses and loans. 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 9, 202216 min

Ep 224ACTEC's Supreme Court Amicus Brief in Alexandru Bittner v. United States

Understand the Foreign Bank and Financial Account Report, FBAR, issues under review by the Supreme Court in Bittner v. United States. ACTEC filed an amicus brief in August and SCOTUS is scheduled to hear arguments on November 2. 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 1, 20229 min

Ep 222Unconscionability 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. 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 18, 202215 min

Ep 223The 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. 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 18, 202214 min

Ep 221Unconscionability 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. 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 11, 20227 min

Ep 220When 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. 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 4, 20228 min

Ep 219Understanding Funding Agreements

Learn key elements that should be included in funding agreements including five essential recommendations to help them stand up to court scrutiny. 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 27, 202216 min

Ep 218Migrating 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 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 20, 20227 min

Ep 217Cryptocurrency in Retirement Accounts

Can retirement accounts hold cryptocurrency? Guidance on what's allowed, the legal uncertainties, risks and benefits of cryptocurrency in IRA and 401k accounts. 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 13, 20229 min

Ep 216IRS Proposes Mortality Assumptions Update for Section 7520

Updated IRS mortality assumptions have arrived. An overview of the updated tables, how the numbers work, and actions to consider before regulations become final. 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 30, 202210 min

Ep 215Paying and Reducing Estate Tax with a Graegin Loan

What is a Graegin loan? Learn how to use a Graegin loan to pay for and reduce estate tax when interest rates are high, and how to avoid Graegin loan missteps. 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 23, 202211 min

Ep 214Estate Planning Opportunities in a Time of Rising Interest Rates

A trust and estate expert shares insights on opportunities available for planners and their clients during the current rising interest rate 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 16, 20229 min

Ep 212The 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. 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 10, 20229 min

Ep 212Conflicts of Interest When Representing Fiduciaries

Tips for estate planners to avoid and understand potential conflicts of interest that can arise in representing fiduciaries. 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 2, 20229 min

Ep 211Electronic Will Legislation in the United States

A trust and estate expert advises extreme caution when using an e-will or electronic will. Understand why 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.

Jul 26, 20227 min

Ep 210Removal 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. 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 19, 20229 min

Ep 209Navigating the Choppy Waters of Cross-Border Estate Administration

One will or two? The impacts of forced heirship on assets in civil law jurisdictions and benefits of EU Succession Regulation in cross-border estate planning. 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 12, 202214 min

Ep 208An 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. 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 28, 20229 min

Ep 207The Calling of the Counselor in Counseling Families Pt. 3 | 2022 Trachtman Lecture

The conclusion of the 2022 Trachtman Memorial Lecture by Ron Aucutt, where he shares his wisdom and offers closing thoughts for estate counselors. 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 21, 202218 min

Ep 206The Calling of the Counselor in Counseling Families – Part 2 of 3 | 2022 Trachtman Lecture

Ron Aucutt shares his recommendations to trust and estate professionals on how to help clients nourish their family legacies in Part 2 of 3 of the Trachtman Lecture. 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 14, 202220 min

Ep 205The Calling of the Counselor in Counseling Families - Part 1 of 3 | 2022 Trachtman Lecture

Part 1 of 3 of 2022 Trachtman Memorial Lecture by Ron Aucutt, encouraging practitioners to help clients identify and build a legacy of shared family values. 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 7, 202222 min

Ep 204The Calling of the Counselor in Counseling Families, Part II (Overview)

FROM PROVIDER - 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 effect the profession and clients.

May 31, 20227 min

Ep 203The Accidental Private Foundation - Non-Exempt Charitable Trusts Under Section 4947

Trusts used for exclusively charitable purposes may be subject to the Private Foundation Rules. Understand how to avoid the tax consequences of IRS section 4947. 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 24, 202212 min

Ep 202An Introduction to the Corporate Transparency Act

An overview of how wealth planners and T&E practitioners can comply with the proposed anti-money laundering rules of the Corporate Transparency Act. 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 17, 202219 min

Ep 2012022 Hot Topics in Trust and Estate

An overview of proposed regulations to the SECURE Act, and the critical T&E tax court cases of Levin, Smaldino, and Connolly. 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 10, 202212 min

Ep 200The Law, Professional Responsibility and the Future of Trusts & Estates

Celebrating 200 podcasts, two ACTEC leaders discuss issues and forces shaping the future of the practice and the ability of practitioners to impact lives. 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, 202215 min

Ep 199The Future of Digital Assets and the Dollar

The foundation of the global financial order is set for significant changes as demand for digital assets and cryptocurrencies upsets governments' reliance on the dollar. 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 26, 20226 min

Ep 198Mistakes Made in Premarital Agreements by Estate Planning and Family Law Lawyers

Estate planning and family law attorneys share what to be aware of and some pitfalls when drafting premarital agreements and prenups. 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 19, 20229 min

Ep 197California 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. 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 12, 202218 min

Ep 196Understanding Rights of Publicity or Name, Image, Likeness (NIL)

An overview of publicity rights, property rights, name, image, likeness (NIL), how they differ by states and what estate planners need to keep in mind. 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 5, 20228 min

Ep 195ACTEC Law Journal: Dedicated to Trust and Estate Topics for Nearly 50 Years

ACTEC Law Journal Editor shares insights on the publication process, the contributions of the student editors, and the importance of the journal to T&E 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.

Mar 29, 20227 min

Ep 194Estate Planning for Principals of Private Equity and Hedge Funds

Recommendations for what principals of investment strategies and what to keep in mind regarding carried interest of private equity and hedge funds. 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 22, 202210 min

Ep 193Advising Transgender Clients on Estate Planning and Vital Records

Tips for financial and estate planning professionals working with transgender clients to their legal name and/or gender marker, identify documents, and powers of attorney. 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 15, 202210 min

Ep 192Estate Planning Excellence: The American College of Trust and Estate Counsel

An overview of ACTEC's resources for professionals and how it impacts the legal profession, legislation and the law by Past-President John A. Terrill II. 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 8, 202220 min

Ep 191Top Estate Planning and Estate Tax Developments of 2021

ACTEC Fellow Ronald Aucutt shares his 2021 top estate planning developments and what estate planners should be aware of regarding tax changes and court decisions. 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 1, 202211 min

Ep 190Dealing with Unwanted Irrevocable Trusts and Basis Issues

Practical questions that estate planning lawyers should ask when evaluating the value of irrevocable trusts when circumstances have changed. 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 22, 202210 min

Ep 189Uniform 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. 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 15, 202210 min

Ep 188Understanding Serious Mistakes and Planning Implications in the Smaldino Tax Court Case

Estate lawyers discuss the Smaldino Tax Court ruling, T.C. Memo 2021-127, and the mistakes made in the transactions, as well as the estate planning implications. 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 8, 202213 min

Ep 187The SECURE Act and Retirement Account Planning Opportunities

A T&E expert offers an overview of the SECURE Act and what has changed once enacted with retirement account planning and trust beneficiaries. 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 1, 20227 min

Ep 186A Discussion of Chief Counsel Advice 202152018 and its Effect on the Administration of GRATs

Trust and estates experts discuss recent IRS Chief Counsel Advice's impact on difficult to value assets in Grantor Retained Annuity Trusts (GRAT). 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 25, 202212 min

Ep 185The Mysteries and Misunderstandings Related to Code Section 678

A trust and estate expert explains the complexities and ins and outs of IRS Code Section 678, beneficiary defective inheritor trusts BDITs, and beneficiary deemed owner trusts BDOTs. 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 18, 202216 min

Ep 184Adultery Penalties in Premarital Agreements

Does infidelity void a premarital agreement? A law professor discusses adultery provisions, infidelity clauses, and no-fault divorce as public policy. 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 11, 202211 min

Ep 183Spousal Support Provisions in Premarital Agreements

An explanation and examples of spousal support in premarital agreements, especially helpful in states that litigate fault in divorce and tie it to alimony. 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 4, 202210 min

Ep 182Conflict 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." 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 21, 20217 min

Ep 181The Interplay Between Trust Accounting and Statute of Limitations

Litigation can be costly. Understand the special considerations attorneys should be aware of when reviewing trust accounting to avoid 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 affect the profession and clients. Learn more in this podcast.

Dec 14, 202110 min

Ep 180The Basics of the Estate Administration Exception to Avoid Self-Dealing Prohibitions

A review of the rules, probate and estate administration exceptions to avoid issues regarding self-dealing transactions between a foundation and a donor. 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 7, 20219 min

Ep 179An Update on NFTs - Non-fungible Tokens

An overview of non-fungible tokens, NFT, for estate planning professionals including creation, management, and protection. 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 30, 202111 min

Ep 178An 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. 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 16, 20218 min

Ep 177Uses of Exculpatory Clauses in Wills and Trusts

An overview of the uses of exculpatory clauses in estate planning, enforceability under state law and advice for litigators. 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 9, 202111 min