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ACTEC Trust & Estate Talk

ACTEC Trust & Estate Talk

376 episodes — Page 6 of 8

Ep 126Family Office Investment Partnerships

An estate planning expert explains the potential business planning issues when giving a family office an interest in an investment partnership it manages. 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 6, 20208 min

Ep 125Enforcement of Charitable Donation Restrictions

An explanation of what donors need to consider when making a charitable donation to a nonprofit? What restrictions need to be thought through? 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 29, 202010 min

Ep 124Charitable Endowment Fund Restrictions on Borrowing

A review of the dangers of borrowing from a charitable endowment fund during the 2020 pandemic and financial crisis. 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 22, 20206 min

Ep 123Ante-Mortem Probate as the Ultimate Will Contest Prevention Technique

What is ante-mortem probate? How does it differ from premortem probate and is it the ultimate will contest prevention technique? 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 15, 202010 min

Ep 122The Ethics of Disclosure and Testimony by Estate Planners

A discussion of disclosure, attorney–client privilege, work-product doctrine, and what to keep in mind in the event of a will or trust contest. 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 8, 202014 min

Ep 121Trusts for Disabled and Chronically Ill Beneficiaries under the SECURE Act | Special Needs Trust

An explanation of how the SECURE Act impacts special needs trusts, AMBTs, and disabled and chronically ill beneficiaries from experts in the subject. 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 1, 202010 min

Ep 120Pending Transfer Tax Legislation in an Election Year

Unique insight into possible estate and gift tax legislation, transfer tax legislation, during and following the 2020 election year. 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 25, 202016 min

Ep 119Ancillary Estate Planning Documents in the Pandemic

Reviewing and creating estate planning documents - POA, medical directives and living wills during the COVID-19 pandemic. 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 18, 202013 min

Ep 118Estate Planning Strategies in the Pandemic

2020 estate planning strategies including the gift tax annual exclusion, IRS code 2503(e), low interest loans to family, SLATs and CLTs. 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 11, 202016 min

Ep 117Grantor Trusts: Tax Returns, Reporting Requirements and Options

An expert estate planning attorney reviews the options available for reporting the income tax from grantor 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.

Aug 4, 20208 min

Ep 116Naming Foreign Persons in Your Estate Planning Documents

Information for estate planners when a will or trust includes a beneficiary who resides abroad including residents of Israel and the UK. 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 28, 202014 min

Ep 115Tax Tips and Traps Related to Foreign Gifts | Gift from Foreign Person

An explanation of how gifts from non-US persons can pass completely free of US gift tax if they are done correctly. 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 21, 20208 min

Ep 114Utilization of Section 7872 | Intrafamily Loans | Split-dollar Loans

A deep dive into IRS Code Section 7872 and how to utilize the code in intrafamily loans and split-dollar 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.

Jul 14, 202021 min

Ep 113The Uses and Abuses of Charitable LLCs

An overview of how Charitable LLCs can be used legitimately and possibly abused when pushed too far. 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 7, 202013 min

Ep 112Drafting Charitable Gift Agreements

A trust and estate expert discusses charitable gift agreements and the necessary preparation for negotiating and drafting an agreement to protect the client, whether representing a charity or 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.

Jun 30, 202010 min

Ep 111Estate Planning for Entertainment Clients

ACTEC Fellow Chang H. Chae discusses issues related to clients in the entertainment industry, such as name and likeness rights and house trusts and how terms of their planning specifically relate to the assets or the rights that they have. 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 22, 202011 min

Ep 110Lending and Estate Planning

Estate planning lending techniques including a Graegin loan, GRAT, IDGT, and life insurance premium financing. 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 16, 202014 min

Ep 109Estate Transfer Planning for the Moderate Estate

Estate planning experts discuss the gifting risks for moderate estates that want the flexibility to access assets in the future. 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 9, 202013 min

Ep 108An Update on Electronic Wills Statutes

A discussion of The Uniform Law Commission's new Electronic Wills Act from ACTEC Fellows that chaired the drafting committee. 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 2, 202011 min

Ep 107What Estate Planners Need to Know About Medicare

An explanation of how Medicare benefits work, especially Medicare Parts A, B, D, disability requirements and the penalties associated with not enrolling on time. 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 26, 202012 min

Ep 106Charitable Planning and the SECURE Act - SECURE Act Special

Understanding the pitfalls and tax traps when donating from an IRA to a charity under the SECURE Act. An explanation of how Charitable Remainder Trusts (CRTs) and charitable giving has 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.

May 19, 202010 min

Ep 105Planning for Disabled or Chronically-Ill Beneficiaries Under the SECURE Act (SECURE Act Special)

The new SECURE Act provides tailored treatment for special needs and disabled beneficiaries. Learn how the SECURE Act impacts these special beneficiary categories. 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 12, 202012 min

Ep 104Designing and Drafting Trusts in Light of the SECURE Act | Part 3 of 5 | SECURE Act Special

Conduit and accumulation trusts have changed under the SECURE Act. An expert estate planning attorney discusses what has changed and how to mix and match under the new 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.

May 5, 20208 min

Ep 103Planning for Common Scenarios Under the SECURE Act | Part 2 of 5| SECURE Act Special

Understanding the SECURE Act's impact on common estate planning issues such as naming surviving spouses and adult children as 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.

Apr 28, 202010 min

Ep 102Updating Existing Estate Plans Under the SECURE Act | Part 1 of 5 |SECURE Act Special

Recommendations for trust and estate attorneys as to what to discuss with clients and next steps following 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.

Apr 21, 202011 min

Ep 101Autonomy in Estate Planning | Opportunity Grant

Experts discuss how to build autonomy in estate planning with next-generation beneficiaries through trust, purpose and opportunity grants. 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 7, 20208 min

Ep 100Looking Back at Our Most Popular Podcasts | 100th Special

Balancing independence of retirees, the SECURE Act and other 2020 estate planning hot topics are discussed in this special 100th ACTEC Trust and Estate Talk 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.

Mar 31, 202019 min

Ep 99The Intersection of Positive Psychology in Estate Planning

Can estate planning documents like a Will or Trust be created with well-being in mind? ACTEC Fellows discuss the importance of positive psychology and how it can impact beneficiaries of your estate plan. 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 24, 202013 min

Ep 98Resolving Trustee Deadlocks | Resolving Trustee Disputes

What can you do when co-trustees disagree? How can you resolve trustee deadlocks? Learn more 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.

Mar 17, 20209 min

Ep 97Alternative Investments: An Investment Dream - A Planning Nightmare

An explanation of the characteristics of alternative investments, the risks associated with them, and how the risks can be addressed in the estate planning 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.

Mar 10, 202023 min

Ep 96How Guardians Make Decisions on Behalf of Their Wards

Learn about the guardianship policies of substituted judgment and best interest that guardians should consider when making decisions for a vulnerable person. 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 2, 202011 min

Ep 95Cross-Border Recognition of Powers of Attorney and Guardianships

Powers of Attorney and Guardianship vary from state to state and internationally. Learn more about their portability and what's recognized overseas. 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 25, 202010 min

Ep 94What Estate Planners Need to Know About Social Security, Medicare, and the Self-Employment Tax

Social Security and Medicare, the federal and state income taxation of Social Security, the ability of dependents to receive those benefits, self-employment tax and more 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.

Feb 18, 202012 min

Ep 93Judicial Notice of Facts and Judicial Notice of Law

ACTEC Fellows explain the impact of judicial notice of facts and judicial notice of law surrounding evidence and litigation of trusts and estates. 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 11, 202010 min

Ep 92Lay Witness Opinion Testimony

The ins and outs of lay witness opinion testimony. A discussion of evidentiary issues surrounding lay people and Federal Rules of Evidence. 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 4, 202012 min

Ep 91Intrafamily Business Sales and Loans

What to keep in mind when dealing with intrafamily business transactions, sales, and loans to avoid the scrutiny they receive from the IRS and the courts. 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 28, 20208 min

Ep 90The Remainder Purchase Marital Trust

A detailed analysis of the advantages and considerations when using a Remainder Purchase Marital Trust, RPM 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.

Jan 21, 202012 min

Ep 89Business Entity Income Tax: Regulatory Rigidity Versus Flexibility

An explanation of the rigidity and flexibility of different business entities: C corporations, S corporations, partnerships and LLCs by tax 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.

Jan 14, 202010 min

Ep 88S Corporation Death Traps

What happens when the principal shareholder of an S corporation dies? Solutions are discussed by estate planning 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.

Jan 7, 202010 min

Ep 87Levitan v. Rosen Case

Are trusts considered marital property? A review of the Levitan v. Rosen and Pfannenstiehl v. Pfannenstiehl cases offer considerations when drafting of marital property provisions in trust 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.

Dec 31, 201910 min

Ep 86The Life Insurance Transfer for Value Rule After the 2017 Tax Reform Act

What is the Life Insurance Transfer for Value Rule and how has it been changed following the Tax Reform Act? An expert on the topic explains 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.

Dec 24, 20199 min

Ep 85Update of Asset Protection Trust Litigation

A review of recent asset protection trust court cases - Wacker, Campbell, Cyr and Rensin - and offers the lessons learned from the 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.

Dec 17, 201912 min

Ep 84Self-Settled Spendthrift Trusts

Understand how to minimize the risks and avoid fraudulent transfer rulings with creating self-settled spendthrift 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.

Dec 10, 20199 min

Ep 83The New Illinois Trust Code

An overview of the new Illinois Trust Code, which is based on the Uniform Trust Code, by a veteran member of the task force. 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 3, 20198 min

Ep 82Deemed Realization of Gains on Gratuitous Transfers

A discussion of ACTEC's report provided to the US government on proposals to tax the deemed realization of gain on gratuitous transfers of appreciated property. 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 26, 201911 min

Ep 81Qualified Opportunity Funds and Opportunity Zones

A deep dive into the benefits and concerns of Qualified Opportunity Funds and Opportunity Zones proposed regulations. 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 19, 201917 min

Ep 80The SECURE Act

Understand the impacts of the SECURE Act and how it may affect non-spouse beneficiaries of retirement 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.

Nov 12, 201912 min

Ep 79The Impact of Tax Reform on Trusts After Divorce

The Tax Cut and Jobs Act had an enormous impact on existing trusts after divorce. Understand the impact and learn about ACTEC's comments to the government and solutions to consider. The American College of Trust and Estate Counsel, ACTEC, The American College of Trust and Estate Counsel (ACTEC) is a national association of approximately 2,500 peer-elected lawyers and law professors from across the United States and abroad with expertise in estate planning, probate and trust administration.

Nov 5, 201910 min

Ep 78An Introduction to Charitable Pledges

How do charitable pledges work for both the donor and charity? Learn the basics in this podcast from trust and estate experts. The American College of Trust and Estate Counsel (ACTEC) is a national association of approximately 2,500 peer-elected lawyers and law professors from across the United States and abroad with expertise in estate planning, probate and trust administration.

Oct 29, 201912 min

Ep 77An Introduction to Individual Donor Advised Funds - DAF

An introduction to Individual Donor Advised Funds, the rules and advantages when compared to a private foundation. 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 22, 20199 min