Contribute to the information on this page: Suggest Edits

Videos

Tips for Preparing a Federal Estate Tax Return

An estate expert offers tips to professionals preparing a Federal Estate Tax Return, form 706, such as adjustable taxable gifts, real property, and more. The American College of Trust and Estate Counsel, ACTEC, is a professional society of peer-e...

Client Restrictions on Charitable Gifts

Expert trust and estate advice and insights regarding restrictions for charitable gifts, managing donor intent, and the institution’s considerations. The American College of Trust and Estate Counsel, ACTEC, is a professional society of peer-elect...

Conflicts of Interest in T&E Litigation

Exploring conflicts of interest in trust and estate litigation, from joint representations to multi-generational complexities, navigating ethical challenges. #estateplanning #estatelaw #actec The American College of Trust and Estate Counsel, ACT...

A Trustee's Duty to Minimize State Income Tax

Navigating a trustee’s duty to minimize state income taxes entails legal, practical, and moral considerations, ensuring fiduciary obligations are met. #trustee #fiduciary #actec The American College of Trust and Estate Counsel, ACTEC, is a profe...

Navigating Unique Issues in the Settlement of Trust and Estate Disputes

A trust and estate expert offers guidance and explores the complexities of settling trust & estate disputes, from representing unrepresented parties to recent legal cases. #estateplanning #actec #estatelaw The American College of Trust and Est...

Tips for Dealing With and Drafting for Clients With Diminished Capacity

Legal experts offer recommendations for estate planners when handling clients with diminishing capacity, including ethical considerations, POAs, trust planning, and more. The American College of Trust and Estate Counsel, ACTEC, is a professional so...

Practical Considerations in Dealing with Incapacity

Estate planners discuss avoiding adult guardianships, assessing capacity, transitioning trustees, and addressing challenges in planning and litigation. #actec #estateplanning #incapacityplanning The American College of Trust and Estate Counsel, AC...

Considerations for the Two Weeks Following Death

Practical expert guidance on estate planning for the two-week post-death period, including burial directives and laws, probate venue issues, and not rushing. #deathanddying #actec #estateplanning #wealthplanning The American College of Trust and...

Deathbed Planning for the Two Weeks Prior to Death

Expert estate legal guidance on the two weeks before a client's death: from information gathering to tax considerations, probate avoidance, and gifting. #deathanddying #actec #estateplanning #wealthplanning The American College of Trust and Estate...

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

A law professor explores the transformative impact of AI in trust and estate Law, delving into ethics, challenges, tips, and trends shaping legal practices. #artificialintelligence #ailawyer #ai #actec The American College of Trust and Estate Coun...

The Opportunity Zones Transparency, Extension, and Improvement Act

An overview for estate planners of the Opportunity Zones Transparency Extension and Improvement Act, bipartisan legislation (HR 5761) in the U.S. House of Representatives. #opportunityzones #ACTEC #ACTECFellow #estateplanning The American College ...

Interacting With Clients and Beneficiaries When Determining Incapacity

Trust and estate experts discuss the complexities in estate planning for incapacitated clients and beneficiaries, client communication, trust administration, and drafting considerations. #actec #estateplanning #incapacityplanning The American Coll...

Charitable Giving Tips and Tricks | American College of Trust and Estate Counsel

Estate planning lawyers offer a primer on charitable donations, including tax considerations, donating stocks vs. cash, “bunching” donations, donor-advised funds (DAF), and more. #charitablegiving #actec #estateplanning #wealthplanning #daf The...

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

Exploring legal responsibilities in identifying and managing a client with diminishing capacity, from cognitive decline to ethical considerations in legal practice. The American College of Trust and Estate Counsel, ACTEC, is a professional society o...

Professional Responsibility Rules When Dealing With Clients Who Have Diminished Capacity

A law professor explores the legal ethics of representing clients with diminishing capacity and reviews the ins and outs of the ABA’s Model Rule 1.14 and ACTEC’s Model Rules of Professional Conduct on the topic. #actec #estateplanning #aba The...

Artificial Intelligence and Planning Your Estate | ACTEC

Estate planning attorneys explain what consumers should be mindful of when using artificial intelligence (AI) and what their lawyer’s professional responsibilities include when preparing their estate documents. #ai #artificialintelligence #estatepl...

Conflicts 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...

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

A review of the Tax Court's decision In the Hoensheid 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 pe...

Pitfalls of Pay on Death (POD) Accounts | Transfer on Death (TOD) | ACTEC

Estate planning experts explain how Pay on Death (POD) accounts, aka TOD or Totten Trust, work and what account owners should be aware of before identifying a beneficiary on their IRA, retirement account, bank account, or Transfer on Death deed. #est...

Power 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 an...

The 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...

Surprising Tax on Distributions From a Partnership

An estate planning expert offers an 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...

Estate Planning for Freelancers and the Gig Economy | ACTEC

Estate planning for freelance or gig workers involves effectively managing income, taxes, and assets. Experts explain tax planning, creating a will, asset management, planning for incapacity, and more to self-employed workers. The American College o...

US 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 pe...

Drafting 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 ...

The 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 ...

The 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 tru...

Tangible Personal Property in Estate Planning | American College of Trust and Estate Counsel

Experts explain why you’ll want to add provisions regarding tangible personal property, such as furniture, vehicles, electronics, and jewelry, to your will or trust to ensure smooth inheritance, prevent disputes, and help distribute sentimental ite...

Impact 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-e...

A 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 p...

The 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. #wellbeing #estateplanning The American College of Trust and Estate Counsel, ACTEC, is a profes...

Funding Your Revocable Trust and Other Critical Steps | American College of Trust and Estate Counsel

Experts in estate planning explain why funding your trust is vital for seamless asset transfer, minimizing legal issues and taxes, and safeguarding your beneficiaries' future in this video. #revocabletrust #actec #estateplanning The American Colleg...

Practical 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 #divorcelaw #assetprotection #estateplanning #actec The American College of Trust and...

Practical 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 #divorcelaw #assetprotection #estateplanning #actec The American College of Trust and Est...

Practical 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. #estateplanning #actec #divorcelaw The American College of Trust and Estate Counsel (ACTEC) is a professio...

Should I Serve as a Health Care Agent Under a Power of Attorney? | POA | Healthcare Proxy | ACTEC

Estate planning experts explain what you need to know about accepting the legal responsibility of a healthcare agent, aka a healthcare surrogate or healthcare proxy. The American College of Trust and Estate Counsel (ACTEC) is a national association ...

Considerations for Nonprofits in Accepting Crypto Donations

Estate planning and banking investment professionals explain what nonprofits need to understand before accepting donations of cryptocurrency, crypto. #crypto #cryptocurrency #estateplanning #nonprofitorganization #nonprofitmanagement #actec The Am...

Best 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. #lawyertips #actec #virtualcourt The American College of Trust and Estate Counsel, ACTEC, is a pro...

Tips 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. #charitablegiving #charitabletrust #actec The American College of Trust and Estate Cou...

Should I Serve as an Agent Under a Financial Power of Attorney (POA)? | ACTEC

Estate planning attorneys discuss what’s involved in the role of a property or financial Power of Attorney (POA), the agent’s responsibilities, and what questions you should ask yourself. #actec #estateplanning #powerofattorney The American Col...

SECURE 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-ele...

Directed 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 socie...

Blind Success: Hiring Visually Impaired and Disabled Lawyers | ACTEC

An ACTEC Fellow describes his journey as a blind lawyer: lessons learned, technology and professional support to get the job done, and recommendations for law firms hiring individuals with disabilities. #actec #disabledperson #blindperson Planning ...

QSBS 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. #qsbs #businessstock #business #actec #estateplanning The Am...

Should I Serve as a Trustee? | American College of Trust and Estate Counsel

The trustee of a trust is a person who has agreed to manage the assets in a trust, a role that involves significant legal and ethical obligations. Trust and estate experts offer an overview of the trustee's responsibilities and the risks in this shor...

The 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...

Understanding 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 p...

Recent IRS Challenges to Grantor Retained Annuity Trusts (GRAT) | ACTE

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-e...

Should I Serve as an Executor? | Estate Executor | ACTEC

An estate executor, also known as a personal representative, is the person appointed in a Will who manages and protects estate assets after the decedent's death. Before agreeing to serve as the executor of a will, understand your responsibilities. ...

Patagonia 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? #estateplanning #actec #patagonia #charitabletrust The American College of Trust and Esta...

Tips for Joint Representation of Spouses: After the Engagement Letter (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. #actec #estateplanning The American College of Trust and Estate Counsel, ACTEC, is a prof...

Tips 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 tru...

Tips for Seniors to Avoid Scams | Elder Fraud | ACTEC

Fraud and scams against seniors were up 74% in 2021 over 2020. Legal experts explain common scams against senior citizens, offer tips to avoid scams, and outline steps to take if you are the victim of elder fraud in this video. #tipsforseniors #tipsf...

Non-Grantor Irrevocable Complex Discretionary Spendthrift Trusts | ACTEC

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 pe...

Considerations 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 ...

U.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-...

Hiring, Examining, and Being an Expert Witness

Trust and estate 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 profes...

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

Estate planning experts review recent T&E cases, IRS rulings, SECURE Act 2.0, Donor Advised Fund (DAF) and Charitable Remainder Trust (CRT) cautions, and other recent developments impacting estate planners. The American College of Trust and Estate ...

Civil 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 pe...

Supreme 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...

Lessons Learned from the Estate of Lisa Marie Presley

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, i...

Relief 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-e...

The 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 soc...

Managing Guns in Your Estate | Transferring Guns | American College of Trust and Estate Counsel

There are many considerations when managing guns and firearms in your estate and leaving them to beneficiaries. Depending on the weapon, federal and state laws are in play. Estate planning experts explain the complexity of leaving firearms and guns i...

The 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 tr...

Income 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 ...

Witness Depositions of Valuation Experts

A valuation expert provides insight into strategy and best practices for 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...

Corporate 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 tru...

Understanding Special Needs Trusts | The American College of Trust and Estate Counsel

There are several types of Special Needs Trust (SNT): First-Party Special Needs Trusts, Third-Party Special Needs Trusts, and Pooled Special Needs Trusts. Estate planning experts explain the types of SNTs and offer tips to families in determining whi...

Understanding 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 p...

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

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 ...

The 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...

Formation 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-e...

Tips for Individuals Living Alone (Part. 2 of 2) | ACTEC

Watch Part 2 of “Tips for Individuals Living Alone!” Estate lawyers share tips for individuals living alone on how to plan for incapacity or illness for an extended period of time and provide a review of critical power of attorney documents. #liv...

An 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 pe...

Moving 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 pee...

Supporting and Mentoring Women in Law

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...

Tips for Individuals Living Alone (Part 1 of 2) | ACTEC

How should a person that lives alone prepare for a healthcare or medical emergency? Estate lawyers share tips for individuals living alone to prepare for a healthcare or medical emergency, including a downloadable checklist and contact forms. #living...

Work-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 pee...

What You Need to Know About Authenticating Cross-Border Documents and the Importance of...

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 socie...

Top 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 o...

ACTEC’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 p...

An Introduction to the Native American Tribal Court

Judge Joseph Wiseman, Chief Judge of the Tule River Tribal Court, who presides as the supervising judge of the San Manuel Tribal Court and the Intertribal Court of Southern California, explains the interworking of the court, its jurisdiction, and its...

ACTEC’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 Colle...

The 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 ...

Preparing for Your Initial Estate Planning Meeting

Experts in estate planning explain what information and documents clients need to provide to an attorney during the initial meeting to be efficient with time. #actec #estateplanning #beneficiaries #estateplan #actecfellow The American College of Tru...

Unconscionability 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-...

Unconscionability 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-...

When 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 ...

Consejos Básicos en Planificación Paternal | The American College of Trust and Estate Counsel

Información para latinos que explica la necesidad de tener documentos esenciales de planificación patrimonial para proteger, preservar y distribuir activos en caso de muerte o emergencia. La Planificación para un Futuro Diverso y Equitativo es un...

Common IRA Beneficiary Scenarios | Individual Retirement Account | ACTEC

Experts in trust and estate law explain typical IRA beneficiary scenarios and why it’s critical to review EVERY time you set up or rollover your IRA to avoid probate. #ira #retirement #retirementplanning #beneficiaries #actec #actecfellow The Amer...

Understanding 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 t...

Migrating 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 o...

Cryptocurrency 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 o...

Understanding Cryptocurrency in Estate Planning | The American College of Trust and Estate Counsel

Understand how to manage cryptocurrency in your estate and plan for the succession of your digital assets from estate planning experts. #crypto #cryptocurrency #estateplanning #estate #actec #actecfellow #digitalassets The American College of Trust...

IRS 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...

Paying 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 pe...

Tips for Managing Digital Assets of a Deceased or Disabled Person | Digital Legacy | ACTEC

What happens to your social media and email accounts if you are disabled or pass away? Estate planning experts offer tips for adding legacy contacts to email and social accounts and recommendations for executors working to access digital property whe...

Estate 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-ele...

The 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 ...

Conflicts 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 lawy...

Protecting Civil Liberties in America | Korematsu v. United States

The 1944 Supreme Court case Korematsu v. United States retains significant relevance to present-day civil liberties and SCOTUS decisions. Dr. Karen Korematsu, daughter of plaintiff Fred Korematsu who refused to report to an internment camp during Wor...

Electronic 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 ...

Removal 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 estat...

Navigating 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 pe...

Landmark Civil Rights Cases Decided by the Supreme Court | ACTEC

Author and Professor Christopher Schmidt reviews the history of critical Supreme Court civil rights and equality cases that everyone should know. Planning for a Diverse and Equitable Future is a monthly series created by The American College of Trus...

529 Plan Pros and Cons | 529 Plan FAQs | Educational Savings Pans | ACTEC

Estate experts answer parents' and families' questions about how 529 Plans work and what you need to keep in mind when saving for college and higher education, including how to use distributions, manage expenses and select a successor account holder....

An 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...

The 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 t...

The 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 societ...

The 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 pee...

Chronic Illness and Long COVID in the Workplace | The American College or Trust and Estate Counsel

The Government Accountability Office estimates up to 23 million people in the US could develop “Long COVID,” potentially pushing an estimated 1 million people out of work. This video talks about the issues with a Long COVID sufferer and an employ...

The 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...

The 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...

When and How to Use a Prenuptial Agreement | Premarital Agreement

Experts in estate planning explain what a prenuptial agreement is, why you should get one, when in the marriage planning process to discuss it, and more. A prenuptial agreement is also known as a premarital agreement. The American College of Trust a...

An 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-ele...

2022 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 l...

The 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-...

A Proposal to Repair Racial Wealth Disparity | Reparations | ACTEC

Repairing the wealth divide created by racism seems overwhelming, but with conversation and research come solutions. Experts in tax law present their research on racial wealth disparity as well as recommendations for funding and distributing reparati...

Key Roles Involved in an Estate Plan | The American College of Trust and Estate Counsel

What is a fiduciary, agent, executor, trustee, or guardian? These people have critical roles in an estate plan, and it's essential to understand who you might need to hire and the jobs you can give to a trusted family member or friend. Estate plannin...

The 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 so...

Mistakes 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 esta...

California 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...

Can I Do a Will for Myself? | The American College of Trust and Estate Counsel

Understand the pros and cons of writing a will for yourself and what should be considered when planning for the disposition of your assets. The American College of Trust and Estate Counsel, ACTEC, is a national association of approximately 2,400 pee...

Understanding 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-elec...

"Fair" Housing and Opportunity Hoarding | The American College of Trust and Estate Counsel

In a Fair Housing Month feature video, author and Georgetown University Law, Sherryl Cashin discusses how unfair housing has contributed significantly to the wealth gap between black and white Americans. #fairhousing #fairhousingact #redlining #oppor...

ACTEC 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 ...

Estate 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 ...

Advising 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 ...

How to Talk with Your Family About Estate Planning | American College of Trust and Estate Counsel

Trust and estate attorneys offer recommendations for how and when to talk with your family about your estate plan, will and other documents to give family members peace of mind and answer important questions. The American College of Trust and Estat...

Estate 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-...

Breaking the Glass Ceiling at ACTEC | The American College of Trust and Estate Counse

In honor of Women's History Month, ACTEC looks at its history of inclusion and diversity by interviewing some of the earliest female leaders of the College. The American College of Trust and Estate Counsel began in 1949, but it took another 40 years ...

Top 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 o...

Dealing 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 a...

How to Pay for College for a Grandchild or Someone Else | Grandparents Paying for College | ACTEC

What do grandparents or benefactors need to know about paying for a family member’s college tuition? Tax experts offer recommendations to grandparents and loved ones on how to contribute to a student’s education without jeopardizing grants and pa...

Uniform 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 ...

Understanding 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...

The Fight for Justice, Reparations and Bruce's Beach | American College of Trust and Estate Counsel

heirs propertyHear first-hand about the future of Bruce’s Beach from the pro bono attorney who took the fight to court and the activist who took on the city and state to bring public awareness of the racially motivated eminent domain property issue...

The SECURE Act and Retirement Account Planning Opportunities

How to Talk With Your Parents About Estate Planning | End of Life Discussions | ACTEC

It’s never easy to have end-of-life conversations with your loved ones. Trust and estate lawyers offer practical recommendations for how to have critical conversations with your parents about estate documents and postmortem planning. The American ...

A 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-el...

The 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 pr...

Adultery 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-elect...

Mentoring Young Lawyers and the Impact of Affinity Bars | ACTEC

Trust and estate lawyers discuss the importance of opportunities presented through mentoring and encourage participation in affinity bars. Planning for a Diverse and Equitable Future is a monthly series created by The American College of Trust and E...

Understanding Life Insurance Policy Ownership | The American College of Trust and Estate Counsel

Estate planning experts offer an overview of life insurance policy ownership, insurance options, an explanation of irrevocable life insurance trust and more in this video. The American College of Trust and Estate Counsel, ACTEC, is a national associ...

Spousal 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-...

Conflict of Laws and Relation-Back of Powers of Appointment

ABA RPTE 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...

The 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 t...

Life Insurance Policies and Estate Planning | The American College of Trust and Estate Counsel

Estate planning experts offer a general overview of the opportunities and risks associated with term and permanent life insurance policies and how to choose the right policy. The American College of Trust and Estate Counsel, ACTEC, is a national ass...

The 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-el...

Recognizing Religious Diversity While Advising End of Year Gifting | ACTEC

Religious-based giving is known by many names such as tithe, philanthropy, charity, Tzedakah, and Zakat. Trust and estate lawyers discuss the impact of faith on end-of-year giving and how to respect religious diversity when advising clients. Plannin...

An 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 ...

Estate Tax Returns | The American College of Trust and Estate Counsel

Estate Planning experts give a step-by-step overview of the estate tax preparation and filing process. What clients should know about the return, extension, exemption, and IRS response. #estateplanning #estateplanningattorney #actec The American Co...

An 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 ...

Uses 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 lawyer...

Traps 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 es...

Legal Options for Individuals with Special Needs and Disabilities | ACTEC

Trust and estate attorneys offer an overview of legal options, including alternatives to guardianship, Supported Decision-Making (SDM), power of attorney, healthcare proxies, Medical Orders for Life-Sustaining Treatment (MOLST), Physician Orders for ...

What is Estate Administration? | The American College of Trust and Estate Counsel

What happens if someone dies without a will? How long will the distribution of assets process take? Estate planning experts answer pressing questions for families and beneficiaries. The American College of Trust and Estate Counsel, ACTEC, is a natio...

Closely 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 ...

Don’t Guess and Mess When Planning 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 tr...

Exempt 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-elect...

Postmortem Planning | Estate Planning | The American College of Trust and Estate Counsel

Estate planning experts offer an overview of what estate planning decisions can be made postmortem and pre-mortem, including taxes, decanting, and portability considerations. The American College of Trust and Estate Counsel, ACTEC, is a national ass...

An 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 Colle...

Heirs Property and Generational Land Loss | The American College of Trust and Estate Counsel

Heirs property is an issue that has affected families of color, reducing generational wealth through land loss. This video offers an explanation of what heirs property is, a discussion of how it has impacted families of color, and possible strategies...

Creditors’ 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-e...

Estate 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 Es...

The Basics of Fiduciary Income Taxation | The American College of Trust and Estate Counsel

Trust and estate experts explain the differences between estate tax and fiduciary income tax, when you need to file IRS Forms 1040 and 1041, and offer a general overview of fiduciary income tax. The American College of Trust and Estate Counsel, ACTE...

Lessons 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 ...

Black Farmers, Land Loss and the Racial Economic Gap | American College of Trust and Estate Counsel

Author Natalie Baszile shares her research into the inequity of intergenerational wealth illustrated through the reality of Black American farmers and centuries of discrimination, government programs and practices. #WeAreEachOthersHarvest #BlackFarm...

Migrating 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...

Electronic 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 l...

What is Portability for Estate and Gift Tax? | The American College of Trust and Estate Counsel

What is portability and how does it affect the estate and gift tax exemption? Federal gift and estate taxes have implications at death and the surviving spouse has options for handling the estate, one of which is using portability. Trust and estate e...

Non-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 U...

Cryptocurrency 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 ar...

Proving 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...

Direct Payment of Medical Expenses and Tuition as an Exception to the Gift Tax | ACTEC

Paying for someone else’s tuition or medical bill is an exception to the gift tax if you do it correctly. Learn what is considered a “gift” by the IRS, the do’s and don’ts of paying another person’s education or medical bills, what qualif...

Modernizing 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...

Systemic Racism in the Legal Profession | The American College of Trust and Estate Counsel

Judge Ashleigh Parker Dunston of North Carolina discusses her experiences with racism, implicit biases and offers recommendations for the legal profession. #legalprofession #legalprofessionals #diversity #diversityandinclusion #diversityequityinclus...

40 Acres and a Mule: Reparations and the Estate Tax | American College of Trust and Estate Counsel

ACTEC Fellows offer an introduction to the wealth disparity resulting from slavery and Jim Crow law, the history of reparations, and the connection to wealth transfer and wealth taxation. Planning for a Diverse and Equitable Future is a monthly serie...

Taxes 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 t...

Economic 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 ...

Pitfalls of Do-It-Yourself Estate Planning | American College of Trust and Estate Counsel

Still need to create a will and estate plan? ACTEC Fellows discuss what consumers need to be wary of when using an online form or DIY service. The American College of Trust and Estate Counsel, ACTEC, is a national association of approximately 2,400...

Voidable 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...

Joint 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 pe...

What to Expect After Hiring an Attorney | The American College of Trust and Estate Counsel

What is an engagement letter? What do consumers need to understand when hiring an attorney to represent them as an individual, a couple, or a family? Legal experts explain what you need to know when working with an attorney. #estateplanning #estate ...

Supported 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...

Using 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 l...

Protecting 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...

Gender Inequality in the Legal Profession | The American College of Trust and Estate Counsel

How is the legal profession doing with gender equity, especially in trust and estate litigation? Is there still an income disparity between men and women? Four attorneys from The American College of Trust and Estate Counsel share their experiences an...

How to Choose an Estate Planning Attorney | The American College of Trust and Estate Counsel

Finding and choosing an estate planning attorney can be intimidating. This video offers tips for finding and interviewing lawyers. Learn where you can go online to find qualified estate planning attorneys. The American College of Trust and Estate Co...

Protecting Yourself and Your Clients from Cyber-Attack

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 law...

An 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-elect...

Alternatives to Guardianship | Conservator | American College of Trust and Estate Counsel

What is guardianship, also known as conservatorship, and what are the alternatives to guardianship? Learn about alternatives to guardianship, including revocable trusts, POA, medical orders and social security options from experts. #specialneeds #sup...

Defined 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 St...

Silent 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 ...

The Importance of Cultural Competence in Estate Planning | ACTEC

Two ACTEC Fellows discuss the differences between cultural sensitivity and cultural competence from the viewpoint of Asian American attorneys and explain why these skills are essential elements of effective estate planning. They also provide practica...

Trust 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 aroun...

Supported Decision-Making | Alternative Guardianship | Disability | Intellectual Disability | ACTEC

An alternative to guardianship for individuals with developmental disabilities is supported decision-making. When is supported decision-making appropriate and when is it not? Learn how it works, including an overview of a pilot program in New York fr...

Bitcoin 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 ...

Electronic 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 soc...

New 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 Unit...

How to Increase Diversity in the Legal Profession | The American College of Trust and Estate Counsel

There is a diversity problem in the legal profession. How can we address it? Four impressive attorneys tackle the problem head-on and offer practical steps for mentoring, sponsoring, recruiting and retaining diverse people. Planning for a Diverse an...

Should your Adult Child be Co-Signer on your Bank Account? | ACTEC

Should adult children be added as a co-signer on a bank account? Estate planning experts explain why they should not be added as a co-signer, what the liability is and the difference between a co-signer and a beneficiary. #financialeducation #actec #...

The 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 ...

Uniform 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 an...

Charitable 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 an...

Inheritance and Estate Settlement | When Will I Get My Inheritance? | ACTEC

How long will it take to receive my money after a loved one dies? Experts in estate planning answer common questions regarding when beneficiaries of a will or trust will receive their inheritance and explain the estate settlement process. #preparinga...

Video 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...

Giving from the Heart Driving Diversity, Equity and Inclusion through Philanthropy | ACTEC

How can wealth management and estate planning professionals advise clients on the process of giving with a heart? This episode features a discussion on how financial professionals can use an equity and diversity lens when working with clients, the ph...

Attorney-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 St...

Biometric 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 pee...

Common Ways to Title Your Home | Property Title | The American College of Trust and Estate Counsel

Do you understand the options when titling your home? ACTEC Fellows break down the nuances of property title and explain the alternatives including Tenancy by the Entirety (TBE), Joint Tenants with Rights of Survivorship (JTWROS), Tenancy in Common (...

Litigation 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 ...

Litigation 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...

Wills, Slavery and Probate: The Legacy of Lucy Sutton

In honor of Black History Month, ACTEC presents a mini-documentary about the family of one of our Fellow’s journey to freedom from slavery in 1846. This emotional narrative offers insight into one family’s journey to freedom and the critical role...

Estate 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...

Social Security Retirement Age and Benefits | When to Apply for Social Security

What are the advantages and disadvantages of taking Social Security retirement benefits early, at age 62? Should you delay taking Social Security retirement benefits to age 70? How does taking retirement benefits impact your spouse, dependents and di...

How 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 ...

Treasury 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 i...

Voices of The ACTEC Foundation: President, Jeffrey Thede

The ACTEC Foundation President, ACTEC Fellow Jeffrey C. Thede wraps up 2020 and The Voices of The ACTEC Foundation video series, thanking donors for their support in making these programs possible.

ERISA, 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...

Transgender? How to Legally Change Your Name Gender and Vital Records | Trans | LGBTQ | ACTEC

Transgender individuals may need to update their legal documents such as a driver’s license, social security card, passport and bank account after changing their name and gender. Estate planning professionals explain what LGBTQ individuals and weal...

Owning Property and Titling Assets | JIC | JTWROS | JBE | Community Property

How should assets like your home be titled? ACTEC Fellows offer an overview of how to reflect the legal ownership of property including joint tenancy, tenancy in common, tenants by entirety, sole ownership, and community property. The American Colle...

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 l...

Gift Tax Exemption | Lifetime Gift Tax Exemption | The American College of Trust and Estate Counsel

The lifetime gift tax exemption amount is $11.58 million in 2020, increasing to $11.7 million in 2021. Learn when to use the estate tax exemption from estate planning professionals. The exemption is scheduled to decrease to six million dollars in 202...

COVID-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 ...

Voices of The ACTEC Foundation: ACTEC Trust and Estate Talk

The ACTEC Trust and Estate Talk has become a product that Fellows, wealth management professionals and students have come to rely on to provide substantive and timely T&E information. The podcast series, created in 2018, has been listened to nearly 1...

Gifts 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 esta...

Planning for a Diverse and Equitable Future: Economic Inequality in America | ACTEC

How do society and professionals promote generational wealth? Author Rochelle Riley and ACTEC Fellow Stephanie Perry discuss economic inequality for people of color, and actions estate planners and wealth management professionals can take to combat t...

Who Pays Taxes on a Gift? | Gift Tax Exemption | The American College of Trust and Estate Counsel

The significance of the gift tax exemption and estate tax exemption is key when considering making a lifetime gift. ACTEC Fellows Natalie Perry and Bob Temmerman discuss exemption from transfer tax and when and why the lifetime gift tax exemption may...

Voices of the ACTEC Foundation: The Commons Law Center

ACTEC Fellow Professor Susan Gary, Commons Law Center Executive Director Amanda Caffall, J.D. and Attorney Fellow Ekua Hackman describe the impact the Foundation’s grant is making by helping create intergenerational wealth in Portland. Learn more ...

Potential 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 lawye...

Truth, 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, ...

Voices of The ACTEC Foundation - ACTEC Family Estate Planning Guide

ACTEC Fellow and Executive Producer Stacy Singer describes the value of the ACTEC Family Estate Planning Guide videos where Fellows explain trust and estate planning basics. This series is a valuable resource for your clients, family and friends.

Truth, 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...

Voices of the ACTEC Foundation: Wills for the Underserved Program

ACTEC Fellow Professor Susan Gary began the Wills for the Underserved Program in Eugene, OR at the University of Oregon School of Law following work she had done with the American Bar Association’s Real Property, Trust and Estate Law Section (RPTE)...

Truth, 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, AC...

What is a Prenuptial Agreement? | The American College of Trust and Estate Counsel

A premarital agreement is a contract between two people prior to a marriage covering how their property is to be managed. Learn when it’s important to create a premarital agreement and what to consider if you live in a community property state from...

Voices of ACTEC Foundation - Intestacy Laws Research

Professor Danaya Wright, University of Florida, Levin College of Law, and her research team of law students discuss the importance of data generated for an empirical study on the nature of testamentary disposition of assets in nontraditional families...

Truth, Transparency, and the Right of Privacy | Synapsis

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 lawye...

Voices of The ACTEC Foundation: Mary Moers Wenig Student Writing Competition

The Mary Moers Wenig Student Writing Competition is a program that The ACTEC Foundation has supported for over 15-years and has awarded over $142,000 to law students. Tye J. Klooser was the first winner of the contest and is now a proud ACTEC Fellow....

Voices of the ACTEC Foundation: The Dennis I. Belcher Young Leaders Program

The Dennis I. Belcher Young Leaders Program is designed to encourage the development of leadership skills in future leaders of the trust and estate practice while advancing diversity. Initiated in collaboration with the American Bar Association’s R...

What is Community Property?

Do you live in one of the nine community property states? Understand what community property is, how it affects assets such as a home or a business, what is quasi-community property, and what happens if you buy a vacation house in a community propert...

How 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 ...

Family 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-e...

Motivating Heirs with an Incentive Trust | The American College of Trust and Estate Counsel

An incentive trust is an estate planning tool that includes benchmarks that trigger the trustee making greater or fewer trust distributions when a particular conduct or behavior is taken by the beneficiary. ACTEC discusses how an incentive trust work...

Charitable 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...

Ante-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 la...

The 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 tr...

Gift Tax, the Annual Exclusion and Estate Planning | American College of Trust and Estate Counsel

Understand when gift tax comes into play, how the age of the recipient impacts gift tax, efficient ways to transfer property, split gifts, the annual exclusion and more from estate planning experts. Learn more about paying for college or medical expe...

Trusts 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-electe...

Pending 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 estat...

Ancillary 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 i...

Estate Planning in the 2020 Election Year | The American College of Trust and Estate Counsel

How might the election affect estate planning, taxes and charitable giving? Learn what steps taxpayers may want to consider in light of the 2020 election, and how to plan for future legislation, changes in the estate gift tax exemption and charitable...

Estate 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 e...

Estate Planning Strategies for Retiring Abroad

Retiring abroad? Learn what estate planning information to keep in mind when moving overseas, such as if your will be valid in another country, guardianship considerations when moving with minor children, and more.

Grantor 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 U...

Naming 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 e...

Tax 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 ...

CARES Act RMD Waiver | 2020 Required Minimum Distributions from Retirement Accounts | ACTEC

Learn what has changed with retirement account required minimum distributions, RMDs, due to the CARES Act and recent guidance regarding waivers from the IRS. Taxpayers must act by August 31, 2020 to take advantage of this change in RMDs.

Utilization 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 Unit...

Estate Planning Considerations for Small Business Owners | ACTEC

Small business owners need to plan for the transition of their company in their estate plan. Learn about the impact of state laws, multiple beneficiaries, how to plan for estate taxes and more.

The 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 a...

Drafting 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 Couns...

Estate 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 Ame...

Utilizing Positive Psychology in Your Estate Plan | American College of Trust and Estate Counsel

Learn the role of positive psychology and communication when creating your estate planning and leaving assets to family and beneficiaries. Understand how to utilize a positive attitude framework that measures effective communication in estate plannin...

Lending 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 Unite...

Estate 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 la...

An 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 law...

Can I Change My Irrevocable Trust? | The American College of Trust and Estate Counsel

Learn what changing an irrevocable trust entails, what it means to decant a trust, what courts can do and other pitfalls from trust and estate experts.

What 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...

Charitable 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, ACT...

Planning 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 ...

Special Needs Trusts | SNT | Supplemental Needs Trusts | ACTEC

Estate planning experts explain the different types of special needs trusts, what to consider to avoid losing public benefits like Medicaid, and other potential pitfalls. #specialneeds #specialneedstrust #snt #supplementalneedstrust #financialeducati...

Designing 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...

Planning 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...