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ACTEC Trust & Estate Talk — 373 episodes

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Title
1

Private Trust Company Design Considerations for Family Wealth Planning

2

Trust Funding Options

3

Providing Charitable Assistance to Survivors of a Disaster

4

Disaster Preparedness for Trust and Estate Planning

5

Hiring the Next Generation of Trust and Estate Attorneys

6

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

7

Estate Planning Considerations in Community Property States Relating to Retirement Accounts

8

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

9

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

10

How Cultural Awareness Improves Estate Planning Outcomes

11

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

12

Your Income Tax Charitable Deductions Are Different in 2026

13

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

14

Gift Tax Blunders: Common Mistakes on Form 709

15

Gift Tax Returns: Planning, Ethics, and Best Practices

16

A Trustee's Perspective on Trust-Owned Life Insurance

17

Your Charitable Income Tax Breaks Are Changing in 2025 and 2026

18

Taxation of Foreign Non-Grantor Trusts

19

How Artificial Intelligence (AI) Is Redefining Publicity Rights

20

Qualified Business Income (QBI) Deductions Post-OBBBA

21

How the OBBBA Impacts Qualified Small Business Stock (QSBS)

22

Qualified Opportunity Zone (QOZ) Planning Strategies Post OBBBA

23

Estate & Gift Tax and Charitable Contributions Under the OBBBA

24

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

25

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

26

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

27

Counting Down, Counting Up, Flourishing: Overview

28

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

29

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

30

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

31

Using Technology to Improve Client Services in Your Practice

32

Qualified Charitable Distributions (QCD) from IRAs

33

Avoiding Common Ethical Traps in Estate Planning

34

The Potential Impact of Proposed Amendments to Circular 230

35

IRA Estate Planning Ideas to Discuss with Your Clients

36

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

37

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

38

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

39

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

40

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

41

Legal and Tax Considerations When Representing Influencers and Content Creators

42

The Uniform Trust Code Turns 25

43

Use of Asset Protection Trusts for Estate Tax Planning Purposes

44

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

45

Combatting Elder Financial Abuse

46

Intersection of Family Law and Trusts and Estates

47

Supreme Court Rulings Alter the Future of Tax Regulations

48

The Power of Off: A Book Review

49

Guiding Trust and Estate Disputes to Settlement

50

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

51

Inserting Photos in Wills to Clarify Specific Gifts

52

A Life Insurance-Funded Redemption Agreement Gone Bad

53

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

54

Huffman Case Endangers Buy-Sell Agreements

55

Caution for Divorcing Spouses Who Are Trust Beneficiaries

56

Modifying Trusts after CCA 202352018

57

Planning for the Young Under SECURE

58

Self-Employment Tax: Tax Court Curtails Limited Partner Exclusion

59

Restricted Charitable Gifts: Practical Suggestions

60

Addressing Incomplete or Lost Records During Fiduciary Administration

61

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

62

Powers of Appointment Gone Wrong

63

Charitable Deductions and Section 642(c)

64

FTC's Ban on Noncompete Agreements

65

The NextGen Bar Exam Threat to Wills and Trusts

66

The Ethics of Posting to Listservs

67

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

68

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

69

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

70

The Virtues of Estate Planning & Estate Planners: Overview

71

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

72

Deadly Claims in Trust and Estate Law

73

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

74

Estate Planning in 2024 | 300th Podcast!

75

Tips Regarding Fiduciary Disputes and Estate Planning

76

The New Undue Influence

77

Government Regulation of Artificial Intelligence

78

AI-Related Practice Management Considerations for Law Firms

79

The Ethical Use of Artificial Intelligence in Trust & Estate Law

80

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

81

The IRS Ruling on Modifying a Grantor Trust

82

The New Normal for Charitable Tax Planning

83

A Discussion of Ante-Mortem Probate

84

Tips for Preparing a Federal Estate Tax Return

85

Client Restrictions on Charitable Gifts

86

Conflicts of Interest in T&E Litigation

87

A Trustee's Duty to Minimize State Income Tax

88

Navigating Unique Issues in the Settlement of Trust and Estate Disputes

89

Tips for Dealing With and Drafting for Clients With Diminished Capacity

90

Practical Considerations in Dealing with Incapacity

91

Considerations for the Two Weeks Following Death

92

Deathbed Planning for the Two Weeks Prior to Death

93

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

94

The Opportunity Zones Transparency, Extension, and Improvement Act

95

Interacting With Clients and Beneficiaries When Determining Incapacity

96

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

97

Professional Responsibility Rules When Dealing With Clients Who Have Diminished Capacity

98

Conflicts that Arise After Retention of a Client

99

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

100

Power Tools for Choice of Law on Trust Validity

101

The Ethics and Future of Practicing Law Remotely

102

Surprising Tax on Distributions From a Partnership

103

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

104

Drafting with Consideration of Foreign Trust Registration

105

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

106

The Dangers of Deferring Estate Tax

107

Impact of the Connelly v. United States Decision

108

A New Decision on Adequate Disclosure of Gifts

109

The Intersection of Well-Being and Trust Planning

110

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

111

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

112

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

113

Considerations for Nonprofits in Accepting Crypto Donations

114

Best Practices for Virtual Court and Legal Proceedings

115

Tips for Winding Up Charitable Entities

116

SECURE Act 2.0 and Charitable Remainder Trusts

117

Directed Trusts Laws and Related Uniformed Acts

118

QSBS Planning and Potential Pitfalls

119

The Complexity of Dealing with a Holographic eWill

120

Understanding the Kittler eWill Case in PA

121

Recent IRS Challenges to Grantor Retained Annuity Trusts (GRAT)

122

Patagonia Purpose Trusts

123

Tips for Joint Representation of Spouses: Part 2 of 2

124

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

125

Non-Grantor Irrevocable Complex Discretionary Spendthrift Trusts

126

Considerations for US Owners of Canadian Property

127

U.S. Tax Considerations When Buying Property Abroad

128

Hiring, Examining, and Being an Expert Witness

129

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

130

Civil Law Concepts in American Family and Inheritance Laws

131

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

132

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

133

Relief for S Corporation Mishaps

134

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

135

The Separate Shares Rules and Their Nuances

136

Income Taxation of Joint Revocable Trusts

137

Witness Depositions of Valuation Experts

138

Corporate Transparency: US Joins the Rest of The World

139

Understanding and Managing the Rights of Lifetime Creditors Following Death

140

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

141

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

142

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

143

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

144

Moving Your Firm to the Cloud

145

Supporting and Mentoring Female Estate Planning Attorneys

146

Work-Life Balance: Recommendations for Attorneys

147

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

148

Top 10 Recommendations for Planning Retirement Benefits Under the SECURE Act

149

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

150

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

151

Unconscionability of Premarital Agreements (Pt 2 of 2)

152

The Corporate Transparency Act - The Clock has Started

153

Unconscionability of Premarital Agreements - Pt 1 of 2

154

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

155

Understanding Funding Agreements

156

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

157

Cryptocurrency in Retirement Accounts

158

IRS Proposes Mortality Assumptions Update for Section 7520

159

Paying and Reducing Estate Tax with a Graegin Loan

160

Estate Planning Opportunities in a Time of Rising Interest Rates

161

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

162

Conflicts of Interest When Representing Fiduciaries

163

Electronic Will Legislation in the United States

164

Removal of Trustees

165

Navigating the Choppy Waters of Cross-Border Estate Administration

166

An Update on Asset Protection Cases Where Lawyers Overstepped Their Boundaries

167

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

168

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

169

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

170

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

171

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

172

An Introduction to the Corporate Transparency Act

173

2022 Hot Topics in Trust and Estate

174

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

175

The Future of Digital Assets and the Dollar

176

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

177

California Tax Trap and Residency for Trusts

178

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

179

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

180

Estate Planning for Principals of Private Equity and Hedge Funds

181

Advising Transgender Clients on Estate Planning and Vital Records

182

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

183

Top Estate Planning and Estate Tax Developments of 2021

184

Dealing with Unwanted Irrevocable Trusts and Basis Issues

185

Uniform Electronic Transactions Act and Recent Developments

186

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

187

The SECURE Act and Retirement Account Planning Opportunities

188

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

189

The Mysteries and Misunderstandings Related to Code Section 678

190

Adultery Penalties in Premarital Agreements

191

Spousal Support Provisions in Premarital Agreements

192

Conflict of Laws and Relation-Back of Powers of Appointment

193

The Interplay Between Trust Accounting and Statute of Limitations

194

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

195

An Update on NFTs - Non-fungible Tokens

196

An Overview of Tennessee Trust Law

197

Uses of Exculpatory Clauses in Wills and Trusts

198

Traps Await for Beneficiary-Owned Trusts Under Section 678

199

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

200

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

201

Exempt Status of Retirement Plan Distributions | SECURE Act

202

An Analysis of Wyoming Asset Protection Provisions

203

Creditors' Rights vs. Trustees' Protections

204

Estate Planning for Special Purpose Acquisition Company Founders | SPAC

205

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

206

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

207

Electronic Wills and Remote Execution

208

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

209

Cryptocurrency Regulation and Qualified Custody

210

Proving a Will in the Age of COVID |

211

Modernizing Section 6166

212

Taxes Emerging in the Europe to Pay the Cost of COVID

213

Economic Rights of Unmarried Cohabitants

214

Voidable Transfers in Self-Settled Spendthrift Trusts

215

Joint Representations with Prenuptial Agreements

216

Supported Decision-Making

217

Using Multiple Non-Grantor Trusts for Multiple Tax Benefits

218

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

219

Protecting Yourself and Your Clients from Cyberattack

220

An Update of Qualified Opportunity Funds and Zones

221

Defined Value Purchase Agreements| Transferring Business Assets

222

Silent Trusts | Quiet Trusts

223

Trust Protectors

224

Bitcoin Craze: Investment and Fiduciary Implications

225

Electronic Wills in Florida | Florida e-Will

226

New Corporate Transparency Act

227

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

228

Uniform Trust Code Cases from 2020

229

Charitable Giving: Remembering the Basics

230

Video Games and Money Laundering | Online Gaming

231

Attorney-Client Privilege - Waivers and Exceptions

232

Biometric Recognition Cases | Biometric Information Privacy Act | BIPA

233

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

234

Litigation Issues in Art Law

235

Estate Planning with Art | Selling, Gifting or Donating Art

236

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

237

Treasury and IRS's Priority Guidance Plan

238

ERISA, Qualified Plans and Divorce

239

ACTEC Comments on Treasury's Proposed Regulations Under Section 1061

240

COVID-19 and American's Nursing Homes

241

Gifts to Married Beneficiaries Living in Community Property States

242

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

243

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

244

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

245

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

246

Truth, Transparency, and the Right of Privacy | Synopsis

247

How DNA Testing is Shaking Up Estate Plans

248

Family Office Investment Partnerships

249

Enforcement of Charitable Donation Restrictions

250

Charitable Endowment Fund Restrictions on Borrowing

251

Ante-Mortem Probate as the Ultimate Will Contest Prevention Technique

252

The Ethics of Disclosure and Testimony by Estate Planners

253

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

254

Pending Transfer Tax Legislation in an Election Year

255

Ancillary Estate Planning Documents in the Pandemic

256

Estate Planning Strategies in the Pandemic

257

Grantor Trusts: Tax Returns, Reporting Requirements and Options

258

Naming Foreign Persons in Your Estate Planning Documents

259

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

260

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

261

The Uses and Abuses of Charitable LLCs

262

Drafting Charitable Gift Agreements

263

Estate Planning for Entertainment Clients

264

Lending and Estate Planning

265

Estate Transfer Planning for the Moderate Estate

266

An Update on Electronic Wills Statutes

267

What Estate Planners Need to Know About Medicare

268

Charitable Planning and the SECURE Act - SECURE Act Special

269

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

270

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

271

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

272

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

273

Autonomy in Estate Planning | Opportunity Grant

274

Looking Back at Our Most Popular Podcasts | 100th Special

275

The Intersection of Positive Psychology in Estate Planning

276

Resolving Trustee Deadlocks | Resolving Trustee Disputes

277

Alternative Investments: An Investment Dream - A Planning Nightmare

278

How Guardians Make Decisions on Behalf of Their Wards

279

Cross-Border Recognition of Powers of Attorney and Guardianships

280

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

281

Judicial Notice of Facts and Judicial Notice of Law

282

Lay Witness Opinion Testimony

283

Intrafamily Business Sales and Loans

284

The Remainder Purchase Marital Trust

285

Business Entity Income Tax: Regulatory Rigidity Versus Flexibility

286

S Corporation Death Traps

287

Levitan v. Rosen Case

288

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

289

Update of Asset Protection Trust Litigation

290

Self-Settled Spendthrift Trusts

291

The New Illinois Trust Code

292

Deemed Realization of Gains on Gratuitous Transfers

293

Qualified Opportunity Funds and Opportunity Zones

294

The SECURE Act

295

The Impact of Tax Reform on Trusts After Divorce

296

An Introduction to Charitable Pledges

297

An Introduction to Individual Donor Advised Funds - DAF

298

Deferred and Flexible Charitable Gift Annuities

299

Charitable Gift Annuities

300

A Primer on Charitable Lead Trusts

301

Charitable Remainder Trusts (CRT)

302

An Introduction to Private Foundation Excise Taxes

303

A Primer on Private Foundations

304

An Introduction to Individual Charitable Deductions

305

Basic Charitable Giving

306

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

307

Balancing Independence and Vulnerability of Older Adults | Part 2

308

Balancing Independence and Vulnerability of Older Adults

309

Balancing Independence and Vulnerability of Older Adults

310

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

311

The Uniform Trust Code and the Future of American Trust Law

312

Depublication of the Special Needs Trust Case Scott v. McDonald

313

Marriage, Divorce and Asset Protection

314

The US-Japan Estate, Inheritance and Gift Tax Treaty

315

Investment in UK Real Estate and Protected Settlement Update

316

The New Uniform Fiduciary Income and Principal Act

317

Third-Party Created Irrevocable Trusts: Protections and Pitfalls

318

The New Rules of Professional Conduct for Lawyers

319

Lawyers as Trustees

320

Marrying into Elder Abuse

321

Lessons Learned Regarding Law Firm's Email Communication

322

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

323

Musings on Contemporary Trust Issues

324

Some Hot Topics for Trust and Estate Practitioners

325

Qualified Opportunity Funds and Opportunity Zones

326

Horton vs. Jones Case on Electronic Wills

327

Introducing a Business Consultant to a Client Family

328

The Fate of Settlor Intent in the World of Flexibility

329

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

330

Trust Residency and State Tax Nexus Planning

331

The Unintended Consequences for Dynasty Trusts When Adoptions are not Recognized

332

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

333

Responsible Investing for the Modern Fiduciary

334

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

335

2018's Priority Guidance Plan from the IRS and Treasury

336

Follow Up on the 2017 Tax Cuts and Jobs Act

337

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

338

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

339

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

340

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

341

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

342

Lending in the Probate Context

343

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

344

How to Start the Formation of a Business Entity

345

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

346

Data Scraping

347

The Uniform Guardianship, Conservatorship, and Other Protective Arrangements Act

348

How to Sell a Law Practice

349

Ethical Considerations in Representing Clients in Connection With Family Businesses

350

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

351

Owner Control, Operations, and Shareholder Agreements

352

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

353

Litigation Issues Involving Children In Estate Planning

354

Funeral Arrangements and Disposition of Human Remains

355

Elder Financial Abuse: The Crime of the 21st Century

356

Situs and the Resident Trust

357

The Digital Will Revolution

358

Pre-Contest Planning | Estate Planning

359

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

360

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

361

Powers of Appointment: From Snoozy to Sexy

362

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

363

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

364

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

365

What's in Your Creditor Protection Toolbox for Clients?

366

Hot Topics in Estate Planning

367

Confronting the Challenges of Tax Reform

368

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

369

Security of Clients' Information and What Attorneys Need to Know

370

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

371

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

372

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

373

What should attorneys have in their Engagement Letters?