
ACTEC Trust & Estate Talk
376 episodes — Page 5 of 8

Ep 176Traps Await for Beneficiary-Owned Trusts Under Section 678
Understand how well drafted beneficiary trusts can go wrong under IRS Code Section 678 and how to avoid pitfalls from a T&E 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.

Ep 175Closely Held Business, Tiered Entities and Proposed Revisions to Section 6166
ACTEC proposes a major update to a 40-year-old IRS Code 6166 that provides estate tax deferral for family businesses but has aged poorly. 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.

Ep 174Don't Guess and Make a Mess with QSBS | Qualified Small Business Stock
Expert discusses proposed legislation that retroactively takes aim at the tax benefits of QSBS and offers estate planning suggestions to prepare. 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.

Ep 173Exempt Status of Retirement Plan Distributions | SECURE Act
Florida lawyers discuss strategies for preserving inherited retirement plan assets and address uncertainties related to state laws and the SECURE 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.

Ep 172An Analysis of Wyoming Asset Protection Provisions
A review of asset protection code in Wyoming, Wyoming's Uniform Trust Code, and how it compares to other states.A review of asset protection code in Wyoming, Wyoming's Uniform Trust Code, and how it compares to other 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.

Ep 171Creditors' Rights vs. Trustees' Protections
Laws governing creditor rights vary from state to state. Understand the differences in trust provisions and corresponding effects against creditor claims. 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.

Ep 170Estate Planning for Special Purpose Acquisition Company Founders | SPAC
Insights into the capital structure and risk/reward of SPAC investing along with estate planning advice for potential valuation issues, the applicability of section 2701, and the use of GRATs with these assets. 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.

Ep 169Lessons From the Tax Court Decision in the Estate of Michael Jackson
Understanding the tax court's decision of publicity rights in the Michael Jackson estate and applying business estate planning techniques to postmortem publicity rights. 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.

Ep 168Migrating a Law Firm's Software and Data to the Cloud
Practical advice from a tech-savvy lawyer for law firms migrating software and data to a cloud server. 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.

Ep 167Electronic Wills and Remote Execution
An update on electronic wills, remote witnessing, and notarization legislation in Illinois. The act because law on July 26, 2021. 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.

Ep 166Non-Fungible Tokens: What Every Estate Planner Needs to Know | NFT
An overview of NFTs, non-fungible tokens, how they work and what do estate planning professionals need to know. 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.

Ep 165Cryptocurrency Regulation and Qualified Custody
Experts discuss what trustees and fiduciaries need to know regarding cryptocurrency regulation. 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.

Ep 164Proving a Will in the Age of COVID |
The COVID pandemic caused many states to accelerate their laws regarding electronic wills. Learn what's working and what's not. 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.

Ep 163Modernizing Section 6166
An overview of ACTEC's recommendations to revise IRC Section 6166, which hasn't been updated in 40 years. 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.

Ep 162Taxes Emerging in the Europe to Pay the Cost of COVID
An overview of the Organization for Economic Co-operation and Development, OECD, report and debate on inheritance 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.

Ep 161Economic Rights of Unmarried Cohabitants
Co-chair of the ULC's Cohabitants Economic Remedies Act Committee explains the importance of having laws concerning the economic rights of unmarried cohabitants. 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.

Ep 160Voidable Transfers in Self-Settled Spendthrift Trusts
An overview of Self-Settled Spendthrift Trust statutes of limitations and review of Wyoming's legislation, House Bill 64. 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.

Ep 159Joint Representations with Prenuptial Agreements
Does joint representation during a prenuptial agreement violate professional rules of conduct? Professor Carter reviews Prenuptial and Postnuptial Agreements. 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.

Ep 158Supported Decision-Making
A general overview of supported decision-making, update on progress around the world and in the US, particularly in New York State. 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.

Ep 157Using Multiple Non-Grantor Trusts for Multiple Tax Benefits
Five reasons why tax and estate attorneys might want to recommend multiple non-grantor trusts for tax benefits for their clients. 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.

Ep 156Protecting Your Attorney's Fees to Benefit Your Client and Yourself
A presentation of how to discuss legal fees and expenses during trust and estate litigation and guidance from courts on the matter. 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.

Ep 155Protecting Yourself and Your Clients from Cyberattack
Tips for wealth managers to share with clients to prevent cybercrime and identity theft, from a former FBI cybersecurity agent. 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.

Ep 154An Update of Qualified Opportunity Funds and Zones
A summary of IRS guidance issued due to COVID-19, Notice 2021-10, to qualified opportunity funds (QOF) investors and qualified opportunity fund zones. 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.

Ep 153Defined Value Purchase Agreements| Transferring Business Assets
Advice to help your business clients transfer their business interests using a defined purchase agreement. 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.

Ep 152Silent Trusts | Quiet Trusts
What are the issues posed by silent trusts? Are designated representatives a solution to silent trusts? Learn 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.

Ep 151Trust Protectors
A discussion of the benefits and pitfalls of trust protectors from trust and estate 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.pitfalls of trust protectors from trust and estate experts.

Ep 150Bitcoin Craze: Investment and Fiduciary Implications
What bitcoin investment considerations should estate planners study and what are the fiduciary responsibilities around those investments? 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.

Ep 149Electronic Wills in Florida | Florida e-Will
A look back at what needs to be clarified in Florida's Electronic Wills legislation including who's a qualified custodian of e-wills and what is a vulnerable adult. 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.

Ep 148New Corporate Transparency Act
Important takeaways of what lawyers and estate planners need to know about the Corporate Transparency Act, CTA. 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.

Ep 147The Senate Went Blue, What Should Estate Planners Do?| Estate Planning 2021
Leaders in the T&E field offer estate planning tips for 2021, insight into possible changes to the tax code and options for tax planning. 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.

Ep 146Uniform Trust Code Cases from 2020
An update on how Kansas, Kentucky and Nebraska have applied Uniform Trust Code, UTC, in 2020 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 podcast.

Ep 145Charitable Giving: Remembering the Basics
This podcast offers a reminder of charitable giving basics, what to pay attention to, and takeaways from 2020 Tax Court cases 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 profession and clients. Learn more in this podcast.

Ep 144Video Games and Money Laundering | Online Gaming
A look into video games, online gaming, and how bad actors are using these platforms for money laundering in this evolving and fast moving industry. 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.

Ep 143Attorney-Client Privilege - Waivers and Exceptions
Learn from ACTEC trust and estate planning experts when attorney client privilege can be waived or except. 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.

Ep 142Biometric Recognition Cases | Biometric Information Privacy Act | BIPA
Learn about the latest legal developments with regard to the Biometric Information Privacy Act, biometric recognition and an individual's personal privacy. 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.

Ep 141Litigation Issues in Buying and Selling Art | Tips for Buying Art
An expert on art law, Nicholas O'Donnell, offers his tips and questions to avoid litigation when selling or buying fine art. 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.

Ep 140Litigation Issues in Art Law
Tips that dealers, buyers, and collectors can use to determine their art's provenance risk exposure. 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.

Ep 139Estate Planning with Art | Selling, Gifting or Donating Art
Estate planning art expert explains the options art owners have to dispose of their assets - selling, gifting or donating art collections. 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.

Ep 138How to Protect Inherited Assets from a Beneficiary's Creditors in the Event of a Divorce
How to help clients structure trusts so that the inheritances to beneficiaries are protected in the event of a divorce. 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.

Ep 137Treasury and IRS's Priority Guidance Plan
A recap of the Treasury Department and IRS's Priority Guidance Plan for the 12 months from July 2020 through June 2021. 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.

Ep 136ERISA, Qualified Plans and Divorce
An explanation of beneficiary designations and income tax consequences related to ERISA and qualified plans during divorce. 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.

ACTEC Comments on Treasury's Proposed Regulations Under Section 1061
An overview of comments ACTEC submitted to Treasury on 10/5/20 issues regarding proposed regulations under IRS Code Section 1061. 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.

Ep 134COVID-19 and American's Nursing Homes
COVID-19 has ravaged U.S. nursing homes. Professor David English offers valuable information, resources and guidance for 2020 and beyond. 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.

Ep 133Gifts to Married Beneficiaries Living in Community Property States
Gifts of assets, securities or cash to beneficiaries in community property states can be complicated. Here's what you need to know. 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.

Ep 132Potential Anti-Abuse Rules and a Client's Remaining Gift Tax Exemption
Learn about the risks of using gift and estate tax exemption potential anti-abuse regulations that are set to expire in 2025. 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.

Ep 131Truth, Transparency, and the Right of Privacy | Part 3 of 3
The conclusion of the lecture "Truth, Transparency, and the Right of Privacy." Duncan E. Osborne shares his views on balancing attorney-client privilege and an individual's right to privacy. 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.

Ep 130Truth, Transparency, and the Right of Privacy | Part 2 of 3
Part 2 of the lecture "Truth, Transparency, and the Right of Privacy." Duncan E. Osborne, a chair of the Financial Action Task Force (FATF) and past-president of ACTEC, shares lessons learned from FATF. 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.

Ep 129Truth, Transparency, and the Right of Privacy | Part 1 of 3
Part 1 of the Annual Trachtman Lecture: "Truth, Transparency, and the Right of Privacy" from Duncan E. Osborne, a chair of the Financial Action Task Force (FATF) and past-president of ACTEC. 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.

Ep 128Truth, Transparency, and the Right of Privacy | Synopsis
A discussion of how truth, transparency, and an individual's right to privacy affect attorney-client privilege and the 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.

Ep 127How DNA Testing is Shaking Up Estate Plans
A discussion of the impact of DNA testing on inheritance, intestacy laws, surrogacy, and use of frozen embryos postmortem. 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.