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All Episodes

ACTEC Trust & Estate Talk — 380 episodes

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Title
1

Planning With Directed Trusts

2

Designing the Modern Single-Family Office: Classic Structure vs. Profits Interest

3

Modern Family Offices and Private Trust Companies: A Creative Use of Purpose Trusts

4

The Family Office Landscape: Overview of Models, Services, and Options

5

How to Build Inclusive Workplaces: Practical Strategies for Neurodiversity and Culture Change

6

Neurodiversity in the Workplace: Barriers, Bias, and Belonging (Pt. 2 of 3)

7

Neurodiversity: Leveling Up Our Perspective (Pt. 1 of 3)

8

Private Trust Company Design Considerations for Family Wealth Planning

9

Trust Funding Options

10

Providing Charitable Assistance to Survivors of a Disaster

11

Disaster Preparedness for Trust and Estate Planning

12

Hiring the Next Generation of Trust and Estate Attorneys

13

Trump Accounts (IRC §530A): Estate, Tax, and Wealth Planning Considerations

14

Estate Planning Considerations in Community Property States Relating to Retirement Accounts

15

When Parents Get Involved: Ethical Risks in Estate Planning and Divorce Prep

16

Useful but Overlooked Trusts: A Planner's Guide to When and How to Use Them

17

How Cultural Awareness Improves Estate Planning Outcomes

18

Planning for a Diverse Family: Cultural Competence Within the Model Rules of Professional Conduct

19

Your Income Tax Charitable Deductions Are Different in 2026

20

Loss of the Portability Election: Estate of Rowland v. Commissioner

21

Gift Tax Blunders: Common Mistakes on Form 709

22

Gift Tax Returns: Planning, Ethics, and Best Practices

23

A Trustee's Perspective on Trust-Owned Life Insurance

24

Your Charitable Income Tax Breaks Are Changing in 2025 and 2026

25

Taxation of Foreign Non-Grantor Trusts

26

How Artificial Intelligence (AI) Is Redefining Publicity Rights

27

Qualified Business Income (QBI) Deductions Post-OBBBA

28

How the OBBBA Impacts Qualified Small Business Stock (QSBS)

29

Qualified Opportunity Zone (QOZ) Planning Strategies Post OBBBA

30

Estate & Gift Tax and Charitable Contributions Under the OBBBA

31

Counting Down, Counting Up, Flourishing: Part 4 of 4

32

Counting Down, Counting Up, Flourishing: Part 3 of 4

33

Counting Down, Counting Up, Flourishing: Part 2 of 4

34

Counting Down, Counting Up, Flourishing: Overview

35

Family-Owned Business and Internal Revenue Code Chapter 14 | Pt 3 of 3

36

Family-Owned Business and Internal Revenue Code Chapter 14 | Pt 2 of 3

37

Family-Owned Business and Internal Revenue Code Chapter 14 | Pt 1 of 3

38

Using Technology to Improve Client Services in Your Practice

39

Qualified Charitable Distributions (QCD) from IRAs

40

Avoiding Common Ethical Traps in Estate Planning

41

The Potential Impact of Proposed Amendments to Circular 230

42

IRA Estate Planning Ideas to Discuss with Your Clients

43

Fiduciary Income Tax Planning: Strategies for Minimizing Income Tax on Trusts and Estates

44

Recent Trends in Estate and Gift Tax Law 2025, IRC 2036 and Related Tax Law

45

Internal Affairs Doctrine, Asset Protection, and State of Formation for Legal Entities Pt. 2 of 2

46

Internal Affairs Doctrine, Asset Protection, and State of Formation for Legal Entities Pt. 1 of 2

47

Asset Protection for Art: Issues Arising in the Lifecycle of Acquisition to Disposition

48

Legal and Tax Considerations When Representing Influencers and Content Creators

49

The Uniform Trust Code Turns 25

50

Use of Asset Protection Trusts for Estate Tax Planning Purposes

51

How Typical Trust Agreements Clauses Can Get Turned Around in the Real World

52

Combatting Elder Financial Abuse

53

Intersection of Family Law and Trusts and Estates

54

Supreme Court Rulings Alter the Future of Tax Regulations

55

The Power of Off: A Book Review

56

Guiding Trust and Estate Disputes to Settlement

57

Independent Contractor vs. Employee: In Tax vs. Labor Law

58

Inserting Photos in Wills to Clarify Specific Gifts

59

A Life Insurance-Funded Redemption Agreement Gone Bad

60

Owner's Liability Following a Minor's Golf Cart Accident

61

Huffman Case Endangers Buy-Sell Agreements

62

Caution for Divorcing Spouses Who Are Trust Beneficiaries

63

Modifying Trusts after CCA 202352018

64

Planning for the Young Under SECURE

65

Self-Employment Tax: Tax Court Curtails Limited Partner Exclusion

66

Restricted Charitable Gifts: Practical Suggestions

67

Addressing Incomplete or Lost Records During Fiduciary Administration

68

Fiduciary Income Tax Planning of Distributions In-Kind and Specific Bequests

69

Powers of Appointment Gone Wrong

70

Charitable Deductions and Section 642(c)

71

FTC's Ban on Noncompete Agreements

72

The NextGen Bar Exam Threat to Wills and Trusts

73

The Ethics of Posting to Listservs

74

The Virtues of Estate Planning & Estate Planners Part 3 of 3: Essential Virtues of the Estate Planning Professional

75

The Virtues of Estate Planning & Estate Planners Part 2 of 3: Estate Planning's Role in Civilization

76

The Virtues of Estate Planning & Estate Planners Part 1 of 3: Estate Planning—A Job or a Calling?

77

The Virtues of Estate Planning & Estate Planners: Overview

78

Impact of the End of the COVID Public Health Emergency on Medicaid Renewals

79

Deadly Claims in Trust and Estate Law

80

Planning Ahead for the Sunsetting of the Tax Cuts and Jobs Act Exemptions

81

Estate Planning in 2024 | 300th Podcast!

82

Tips Regarding Fiduciary Disputes and Estate Planning

83

The New Undue Influence

84

Government Regulation of Artificial Intelligence

85

AI-Related Practice Management Considerations for Law Firms

86

The Ethical Use of Artificial Intelligence in Trust & Estate Law

87

What Is Artificial Intelligence and the Impact on T&E Law in 2024 and Beyond?

88

The IRS Ruling on Modifying a Grantor Trust

89

The New Normal for Charitable Tax Planning

90

A Discussion of Ante-Mortem Probate

91

Tips for Preparing a Federal Estate Tax Return

92

Client Restrictions on Charitable Gifts

93

Conflicts of Interest in T&E Litigation

94

A Trustee's Duty to Minimize State Income Tax

95

Navigating Unique Issues in the Settlement of Trust and Estate Disputes

96

Tips for Dealing With and Drafting for Clients With Diminished Capacity

97

Practical Considerations in Dealing with Incapacity

98

Considerations for the Two Weeks Following Death

99

Deathbed Planning for the Two Weeks Prior to Death

100

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

101

The Opportunity Zones Transparency, Extension, and Improvement Act

102

Interacting With Clients and Beneficiaries When Determining Incapacity

103

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

104

Professional Responsibility Rules When Dealing With Clients Who Have Diminished Capacity

105

Conflicts that Arise After Retention of a Client

106

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

107

Power Tools for Choice of Law on Trust Validity

108

The Ethics and Future of Practicing Law Remotely

109

Surprising Tax on Distributions From a Partnership

110

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

111

Drafting with Consideration of Foreign Trust Registration

112

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

113

The Dangers of Deferring Estate Tax

114

Impact of the Connelly v. United States Decision

115

A New Decision on Adequate Disclosure of Gifts

116

The Intersection of Well-Being and Trust Planning

117

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

118

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

119

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

120

Considerations for Nonprofits in Accepting Crypto Donations

121

Best Practices for Virtual Court and Legal Proceedings

122

Tips for Winding Up Charitable Entities

123

SECURE Act 2.0 and Charitable Remainder Trusts

124

Directed Trusts Laws and Related Uniformed Acts

125

QSBS Planning and Potential Pitfalls

126

The Complexity of Dealing with a Holographic eWill

127

Understanding the Kittler eWill Case in PA

128

Recent IRS Challenges to Grantor Retained Annuity Trusts (GRAT)

129

Patagonia Purpose Trusts

130

Tips for Joint Representation of Spouses: Part 2 of 2

131

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

132

Non-Grantor Irrevocable Complex Discretionary Spendthrift Trusts

133

Considerations for US Owners of Canadian Property

134

U.S. Tax Considerations When Buying Property Abroad

135

Hiring, Examining, and Being an Expert Witness

136

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

137

Civil Law Concepts in American Family and Inheritance Laws

138

Supreme Court Rules on Alexandru Bittner v. United Stateser vs United States

139

Lessons From Lisa Marie Presley's Estate: Why Use a Corporate Trustee

140

Relief for S Corporation Mishaps

141

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

142

The Separate Shares Rules and Their Nuances

143

Income Taxation of Joint Revocable Trusts

144

Witness Depositions of Valuation Experts

145

Corporate Transparency: US Joins the Rest of The World

146

Understanding and Managing the Rights of Lifetime Creditors Following Death

147

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

148

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

149

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

150

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

151

Moving Your Firm to the Cloud

152

Supporting and Mentoring Female Estate Planning Attorneys

153

Work-Life Balance: Recommendations for Attorneys

154

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

155

Top 10 Recommendations for Planning Retirement Benefits Under the SECURE Act

156

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

157

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

158

Unconscionability of Premarital Agreements (Pt 2 of 2)

159

The Corporate Transparency Act - The Clock has Started

160

Unconscionability of Premarital Agreements - Pt 1 of 2

161

When to Pursue a Trust Reformation Action, Thoughts in a UTC State

162

Understanding Funding Agreements

163

Migrating Clients from Common Law to Community Property States (and Vice-Versa)

164

Cryptocurrency in Retirement Accounts

165

IRS Proposes Mortality Assumptions Update for Section 7520

166

Paying and Reducing Estate Tax with a Graegin Loan

167

Estate Planning Opportunities in a Time of Rising Interest Rates

168

The Intersection of S Corps., ESBTs, California Tax and Beer

169

Conflicts of Interest When Representing Fiduciaries

170

Electronic Will Legislation in the United States

171

Removal of Trustees

172

Navigating the Choppy Waters of Cross-Border Estate Administration

173

An Update on Asset Protection Cases Where Lawyers Overstepped Their Boundaries

174

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

175

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

176

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

177

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

178

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

179

An Introduction to the Corporate Transparency Act

180

2022 Hot Topics in Trust and Estate

181

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

182

The Future of Digital Assets and the Dollar

183

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

184

California Tax Trap and Residency for Trusts

185

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

186

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

187

Estate Planning for Principals of Private Equity and Hedge Funds

188

Advising Transgender Clients on Estate Planning and Vital Records

189

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

190

Top Estate Planning and Estate Tax Developments of 2021

191

Dealing with Unwanted Irrevocable Trusts and Basis Issues

192

Uniform Electronic Transactions Act and Recent Developments

193

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

194

The SECURE Act and Retirement Account Planning Opportunities

195

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

196

The Mysteries and Misunderstandings Related to Code Section 678

197

Adultery Penalties in Premarital Agreements

198

Spousal Support Provisions in Premarital Agreements

199

Conflict of Laws and Relation-Back of Powers of Appointment

200

The Interplay Between Trust Accounting and Statute of Limitations

201

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

202

An Update on NFTs - Non-fungible Tokens

203

An Overview of Tennessee Trust Law

204

Uses of Exculpatory Clauses in Wills and Trusts

205

Traps Await for Beneficiary-Owned Trusts Under Section 678

206

Closely Held Business, Tiered Entities and Proposed Revisions to Section 6166

207

Don't Guess and Make a Mess with QSBS | Qualified Small Business Stock

208

Exempt Status of Retirement Plan Distributions | SECURE Act

209

An Analysis of Wyoming Asset Protection Provisions

210

Creditors' Rights vs. Trustees' Protections

211

Estate Planning for Special Purpose Acquisition Company Founders | SPAC

212

Lessons From the Tax Court Decision in the Estate of Michael Jackson

213

Migrating a Law Firm's Software and Data to the Cloud

214

Electronic Wills and Remote Execution

215

Non-Fungible Tokens: What Every Estate Planner Needs to Know | NFT

216

Cryptocurrency Regulation and Qualified Custody

217

Proving a Will in the Age of COVID |

218

Modernizing Section 6166

219

Taxes Emerging in the Europe to Pay the Cost of COVID

220

Economic Rights of Unmarried Cohabitants

221

Voidable Transfers in Self-Settled Spendthrift Trusts

222

Joint Representations with Prenuptial Agreements

223

Supported Decision-Making

224

Using Multiple Non-Grantor Trusts for Multiple Tax Benefits

225

Protecting Your Attorney's Fees to Benefit Your Client and Yourself

226

Protecting Yourself and Your Clients from Cyberattack

227

An Update of Qualified Opportunity Funds and Zones

228

Defined Value Purchase Agreements| Transferring Business Assets

229

Silent Trusts | Quiet Trusts

230

Trust Protectors

231

Bitcoin Craze: Investment and Fiduciary Implications

232

Electronic Wills in Florida | Florida e-Will

233

New Corporate Transparency Act

234

The Senate Went Blue, What Should Estate Planners Do?| Estate Planning 2021

235

Uniform Trust Code Cases from 2020

236

Charitable Giving: Remembering the Basics

237

Video Games and Money Laundering | Online Gaming

238

Attorney-Client Privilege - Waivers and Exceptions

239

Biometric Recognition Cases | Biometric Information Privacy Act | BIPA

240

Litigation Issues in Buying and Selling Art | Tips for Buying Art

241

Litigation Issues in Art Law

242

Estate Planning with Art | Selling, Gifting or Donating Art

243

How to Protect Inherited Assets from a Beneficiary's Creditors in the Event of a Divorce

244

Treasury and IRS's Priority Guidance Plan

245

ERISA, Qualified Plans and Divorce

246

ACTEC Comments on Treasury's Proposed Regulations Under Section 1061

247

COVID-19 and American's Nursing Homes

248

Gifts to Married Beneficiaries Living in Community Property States

249

Potential Anti-Abuse Rules and a Client's Remaining Gift Tax Exemption

250

Truth, Transparency, and the Right of Privacy | Part 3 of 3

251

Truth, Transparency, and the Right of Privacy | Part 2 of 3

252

Truth, Transparency, and the Right of Privacy | Part 1 of 3

253

Truth, Transparency, and the Right of Privacy | Synopsis

254

How DNA Testing is Shaking Up Estate Plans

255

Family Office Investment Partnerships

256

Enforcement of Charitable Donation Restrictions

257

Charitable Endowment Fund Restrictions on Borrowing

258

Ante-Mortem Probate as the Ultimate Will Contest Prevention Technique

259

The Ethics of Disclosure and Testimony by Estate Planners

260

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

261

Pending Transfer Tax Legislation in an Election Year

262

Ancillary Estate Planning Documents in the Pandemic

263

Estate Planning Strategies in the Pandemic

264

Grantor Trusts: Tax Returns, Reporting Requirements and Options

265

Naming Foreign Persons in Your Estate Planning Documents

266

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

267

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

268

The Uses and Abuses of Charitable LLCs

269

Drafting Charitable Gift Agreements

270

Estate Planning for Entertainment Clients

271

Lending and Estate Planning

272

Estate Transfer Planning for the Moderate Estate

273

An Update on Electronic Wills Statutes

274

What Estate Planners Need to Know About Medicare

275

Charitable Planning and the SECURE Act - SECURE Act Special

276

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

277

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

278

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

279

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

280

Autonomy in Estate Planning | Opportunity Grant

281

Looking Back at Our Most Popular Podcasts | 100th Special

282

The Intersection of Positive Psychology in Estate Planning

283

Resolving Trustee Deadlocks | Resolving Trustee Disputes

284

Alternative Investments: An Investment Dream - A Planning Nightmare

285

How Guardians Make Decisions on Behalf of Their Wards

286

Cross-Border Recognition of Powers of Attorney and Guardianships

287

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

288

Judicial Notice of Facts and Judicial Notice of Law

289

Lay Witness Opinion Testimony

290

Intrafamily Business Sales and Loans

291

The Remainder Purchase Marital Trust

292

Business Entity Income Tax: Regulatory Rigidity Versus Flexibility

293

S Corporation Death Traps

294

Levitan v. Rosen Case

295

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

296

Update of Asset Protection Trust Litigation

297

Self-Settled Spendthrift Trusts

298

The New Illinois Trust Code

299

Deemed Realization of Gains on Gratuitous Transfers

300

Qualified Opportunity Funds and Opportunity Zones

301

The SECURE Act

302

The Impact of Tax Reform on Trusts After Divorce

303

An Introduction to Charitable Pledges

304

An Introduction to Individual Donor Advised Funds - DAF

305

Deferred and Flexible Charitable Gift Annuities

306

Charitable Gift Annuities

307

A Primer on Charitable Lead Trusts

308

Charitable Remainder Trusts (CRT)

309

An Introduction to Private Foundation Excise Taxes

310

A Primer on Private Foundations

311

An Introduction to Individual Charitable Deductions

312

Basic Charitable Giving

313

Balancing Independence and Vulnerability of Older Adults | Part 3 of 3

314

Balancing Independence and Vulnerability of Older Adults | Part 2

315

Balancing Independence and Vulnerability of Older Adults

316

Balancing Independence and Vulnerability of Older Adults

317

North Carolina v. Kaestner: The Recent US Supreme Court Case on State Fiduciary Income Tax

318

The Uniform Trust Code and the Future of American Trust Law

319

Depublication of the Special Needs Trust Case Scott v. McDonald

320

Marriage, Divorce and Asset Protection

321

The US-Japan Estate, Inheritance and Gift Tax Treaty

322

Investment in UK Real Estate and Protected Settlement Update

323

The New Uniform Fiduciary Income and Principal Act

324

Third-Party Created Irrevocable Trusts: Protections and Pitfalls

325

The New Rules of Professional Conduct for Lawyers

326

Lawyers as Trustees

327

Marrying into Elder Abuse

328

Lessons Learned Regarding Law Firm's Email Communication

329

The Future is Here: Dealing with Bitcoins and Cryptocurrencies in Tax and Estate Planning

330

Musings on Contemporary Trust Issues

331

Some Hot Topics for Trust and Estate Practitioners

332

Qualified Opportunity Funds and Opportunity Zones

333

Horton vs. Jones Case on Electronic Wills

334

Introducing a Business Consultant to a Client Family

335

The Fate of Settlor Intent in the World of Flexibility

336

Effect of Recent Tax Reform Legislation on Divorce | 2018 Divorce and Taxes

337

Trust Residency and State Tax Nexus Planning

338

The Unintended Consequences for Dynasty Trusts When Adoptions are not Recognized

339

ACTEC's Guide for Agents Acting Under Durable Power of Attorney

340

Responsible Investing for the Modern Fiduciary

341

The Ethical Hazards of Digital Assets: What Estate Planners Need to Know

342

2018's Priority Guidance Plan from the IRS and Treasury

343

Follow Up on the 2017 Tax Cuts and Jobs Act

344

Section 199A and The 20% Deduction for Qualified Business Income

345

Estate Planning and Trust Management for a Brave New World | Part 4 of 4

346

Estate Planning and Trust Management for a Brave New World: Part 3 of 4

347

Estate Planning and Trust Management for a Brave New World: Part 2 of 4

348

Estate Planning and Trust Management for a Brave New World: Part 1

349

Lending in the Probate Context

350

The Valuation and Reporting of Cryptocurrency on Income, Gift, and Estate Tax Returns

351

How to Start the Formation of a Business Entity

352

Navigating Between the Hard-Knock Life and Easy Street When Passing Assets to Children

353

Data Scraping

354

The Uniform Guardianship, Conservatorship, and Other Protective Arrangements Act

355

How to Sell a Law Practice

356

Ethical Considerations in Representing Clients in Connection With Family Businesses

357

Special Industry Concerns as They Relate to Estate Planning for Family Businesses

358

Owner Control, Operations, and Shareholder Agreements

359

Best Practices for the Governance, Operation, and Management of a Business Entity

360

Litigation Issues Involving Children In Estate Planning

361

Funeral Arrangements and Disposition of Human Remains

362

Elder Financial Abuse: The Crime of the 21st Century

363

Situs and the Resident Trust

364

The Digital Will Revolution

365

Pre-Contest Planning | Estate Planning

366

9100 Relief: Jumping Through the Hoops When You Learn You have an "Oops!"

367

State Law Pitfalls: Don't Step in it When Your Client Steps Across State Lines

368

Powers of Appointment: From Snoozy to Sexy

369

The New Partnership Audit Rules and Why They Are So Important for Estate Planners

370

Do You Have All the Tools to Deal with Your Client's IRA Custodian?

371

The GoFundMe Revolution: What Happens Once the Money Has Been Raised?

372

What's in Your Creditor Protection Toolbox for Clients?

373

Hot Topics in Estate Planning

374

Confronting the Challenges of Tax Reform

375

How Estate Planners and Other Advisors Work Together and Still Keep Communications Privileged

376

Security of Clients' Information and What Attorneys Need to Know

377

What Estate Planners Need to Know About the Uniform Voidable Transactions Act

378

Twenty Years of Domestic Asset Protection Trusts (APT) in the United States

379

Thoughts Regarding the Withdrawal in 2017 of the Proposed Section 2704 Estate Tax Regulations

380

What should attorneys have in their Engagement Letters?