ACTEC Trust and Estate Talk is a free weekly podcast series. The series offers wealth planning professionals' best practice advice, insights, and commentary on subjects that affect the profession and clients. The American College of Trust and Estate Counsel (ACTEC) is a national association of approximately 2,400 peer-elected lawyers and law professors from across the United States and abroad with expertise in estate planning, probate and trust administration.
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Absolute Trust Talk is your navigational compass that brings together the business of trusts, estate planning, and aging – your homebase to find the knowledge you’re seeking on what lies ahead. With over 30 years of experience combined, the Absolute Trust Counsel team has seen their fair share of clients confused and overwhelmed with the complexity of estate planning and the challenges and obstacles that life can throw your way. On a mission to take the vast team expertise and experience to ...
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129: Estate Planning Strategies to Reduce Family Conflict After Death
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Family conflict after a loved one has passed is very common, but that doesn’t mean it can’t be avoided. In our years of experience in estate planning, we’ve seen many different scenarios play out and have a thorough understanding of the nuances that tend to cause these conflicts. The number one reason for disputes over a trust lies in the feeling t…
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The Ethical Use of Artificial Intelligence in Trust & Estate Law
11:29
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A law professor offers insights into the risks, rewards, duties and ethical considerations of lawyers using AI in their T&E practices. The American College of Trust and Estate Counsel, ACTEC, is a professional society of peer-elected trust and estate lawyers in the United States and around the globe. This series offers professionals best practice a…
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What Is Artificial Intelligence and the Impact on T&E Law in 2024 and Beyond?
19:56
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A primer on the types and uses of AI, then a deeper dive into the impact on trust and estate law from types to applications to ethical considerations. The American College of Trust and Estate Counsel, ACTEC, is a professional society of peer-elected trust and estate lawyers in the United States and around the globe. This series offers professionals…
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128: Revocable or Irrevocable Trust: Which is Right for Me?
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When we first begin working with a client who is setting up their estate plan and, more specifically, building a trust, the number one question we always get is whether they need a revocable or an irrevocable trust. For us, this is always an interesting and fun conversation because as soon as the client hears the difference, they immediately know w…
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The IRS Ruling on Modifying a Grantor Trust
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Explore the gift tax implications for trust beneficiaries modifying grantor trusts in IRS CCA 202352018, with nuanced analysis and estate planning insights. The American College of Trust and Estate Counsel, ACTEC, is a professional society of peer-elected trust and estate lawyers in the United States and around the globe. This series offers profess…
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127: Understanding Multigenerational Estate Planning Part 2
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Welcome back! In our last episode of Absolute Trust Talk, we were joined by expert psychotherapist and certified coach Tess Brigham, MFT, BCC, to discuss the differences between generations and, more specifically, examine the unique dynamics between Baby Boomer parents and Millennial children. In this episode, we continue our conversation with Tess…
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The New Normal for Charitable Tax Planning
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Exploring crucial aspects of charitable tax planning: contemporaneous written acknowledgments, qualified appraisals, and anticipatory assignment of income. The American College of Trust and Estate Counsel, ACTEC, is a professional society of peer-elected trust and estate lawyers in the United States and around the globe. This series offers professi…
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126: Understanding Multigenerational Estate Planning Part 1
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The battle between the generations is real and seems to be everywhere. Yes, generational divides even play a role in estate planning. In fact, estate plans nowadays are built around more diverse and multigenerational families than ever before. In this new episode of Absolute Trust Talk, we are joined by psychotherapist and certified coach Tess Brig…
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A law professor discusses updates in ante-mortem probate, aka pre-mortem probate, exploring benefits, risks, and state procedures in the evolving legal terrain. The American College of Trust and Estate Counsel, ACTEC, is a professional society of peer-elected trust and estate lawyers in the United States and around the globe. This series offers pro…
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Tips for Preparing a Federal Estate Tax Return
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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-elected trust and estate lawyers in the United States and around the globe. This series offers profession…
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125: Cher Files for Conservatorship of Son Elijah Blue Allman Over Alleged Substance Abuse
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Recently, the entertainment world has been abuzz with numerous high-profile conservatorship battles, and the latest to emerge involves iconic singer Cher. She has initiated a conservatorship petition concerning her son, Elijah Blue Allman, aiming to oversee the financial benefits he inherits from his father, the late Greg Allman's trust. Legal fili…
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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-elected trust and estate lawyers in the United States and around the globe. This series offers professionals …
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124: Beach Boys Founder Brian Wilson Suffering from Dementia as Reps Seek Conservatorship
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When you think of the Beach Boys, what comes to mind? We’re betting it’s not a complicated conservatorship case. Unfortunately, that’s what’s happening with the Beach Boys Founder, Brian Wilson. Mr. Wilson’s long-time wife had been his healthcare directive, but with her recent passing, it was discovered that no one was ever named as a backup. Now, …
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Exploring conflicts of interest in trust and estate litigation, from joint representations to multi-generational complexities, navigating ethical challenges. The American College of Trust and Estate Counsel, ACTEC, is a professional society of peer-elected trust and estate lawyers in the United States and around the globe. This series offers profes…
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122: The Costly Truth of Ignoring Estate Planning Like Jay Leno
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You may have heard the recent news that Jay Leno filed a conservatorship over his wife, Mavis Leno’s estate. The couple does not have an estate plan, and his goal is to gain special permission from the court to set up a plan for both of them. As Kirsten and Madison point out, the main issue is not what happens if Mavis dies but instead if Jay were …
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123: Why Can't I Change My Trust After My Spouse Passes Away?
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At Absolute Trust Counsel, one of the pieces of advice we like to shout from the roof tops is that people need to keep their estate plans up to date! We constantly find people who fail to do so. In many cases, we can fix the challenges that arise, but sometimes, it may not be possible, and we must navigate a more difficult path. In this specific ep…
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A Trustee's Duty to Minimize State Income Tax
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Navigating a trustee’s duty to minimize state income taxes entails legal, practical, and moral considerations, ensuring fiduciary obligations are met. The American College of Trust and Estate Counsel, ACTEC, is a professional society of peer-elected trust and estate lawyers in the United States and around the globe. This series offers professionals…
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Navigating Unique Issues in the Settlement of Trust and Estate Disputes
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A trust and estate expert offers guidance and explores the complexities of settling trust & estate disputes, from representing unrepresented parties to recent legal cases. The American College of Trust and Estate Counsel, ACTEC, is a professional society of peer-elected trust and estate lawyers in the United States and around the globe. This series…
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Tips for Dealing With and Drafting for Clients With Diminished Capacity
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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 society of peer-elected trust and estate lawyers in the United States and around the globe. This series …
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Practical Considerations in Dealing with Incapacity
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Estate planners discuss avoiding adult guardianships, assessing capacity, transitioning trustees, and addressing challenges in planning and litigation. The American College of Trust and Estate Counsel, ACTEC, is a professional society of peer-elected trust and estate lawyers in the United States and around the globe. This series offers professional…
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121: What Happens When a Trustee, Executor or Beneficiary Dies?
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If you’ve been following along with our show, you know that we can’t stress enough the importance of estate planning and setting up a trust to make things simple, cost-effective, and less time-consuming for your heirs. But even with the most comprehensive and well-thought-out estate plan, wrinkles can be thrown into the plan. It’s a lot of informat…
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Considerations for the Two Weeks Following Death
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Practical expert guidance on estate planning for the two-week post-death period, including burial directives and laws, probate venue issues, and not rushing. The American College of Trust and Estate Counsel, ACTEC, is a professional society of peer-elected trust and estate lawyers in the United States and around the globe. This series offers profes…
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Deathbed Planning for the Two Weeks Prior to Death
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Expert estate legal guidance on the two weeks before a client's death: from information gathering to tax considerations, probate avoidance, and gifting. The American College of Trust and Estate Counsel, ACTEC, is a professional society of peer-elected trust and estate lawyers in the United States and around the globe. This series offers professiona…
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AI and Trust and Estate Law: The Future Is Here to Stay
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A law professor explores the transformative impact of AI in trust and estate Law, delving into ethics, challenges, tips, and trends shaping legal practices. The American College of Trust and Estate Counsel, ACTEC, is a professional society of peer-elected trust and estate lawyers in the United States and around the globe. This series offers profess…
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The Opportunity Zones Transparency, Extension, and Improvement Act
10:51
10:51
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An overview of the Opportunity Zones Transparency Extension and Improvement Act, bipartisan legislation (HR 5761) in the U.S. House of Representatives. The American College of Trust and Estate Counsel, ACTEC, is a professional society of peer-elected trust and estate lawyers in the United States and around the globe. This series offers professional…
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120: Solutions to Common Real Estate Issues
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Have you ever had a pesky neighbor encroaching on your land? Or perhaps they have decided to put a cell tower in that directly blocks the beautiful view that you bought your property for in the first place? Or maybe you’ve recently inherited the family home but share it with your siblings and cannot agree on what to do with it. How do you resolve t…
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Interacting With Clients and Beneficiaries When Determining Incapacity
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12:24
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Exploring complexities in estate planning for incapacitated clients and beneficiaries, client communication, trust administration, and drafting considerations. The American College of Trust and Estate Counsel, ACTEC, is a professional society of peer-elected trust and estate lawyers in the United States and around the globe. This series offers prof…
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Steps a Lawyer Can Take to Identify, Understand, and Deal With a Client With Diminishing Capacity
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13:11
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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 of peer-elected trust and estate lawyers in the United States and around the globe. This series offers…
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Professional Responsibility Rules When Dealing With Clients Who Have Diminished Capacity
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12:14
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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. The American College of Trust and Estate Counsel, ACTEC, is a professional society of peer-elected trust and estate lawyers in the United …
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119: Understanding the Basics of Probate Accounting
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If you’re someone who is serving in the role of trustee, executor, conservator, or guardian, acting as a personal representative for someone’s estate in California, did you know that the state has specific guidelines for probate accounting? According to section 16062, the California probate code requires representatives to provide an accounting at …
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Conflicts that Arise After Retention of a Client
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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-elected trust and estate lawyers in the United States and around the globe. This series offers profes…
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The Hoensheid Case and the Assignment of Business Income for a Sale
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A review of the Tax Court's decision In the Hoensheild 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 peer-elected trust and estate lawyers in the United States and around the globe. This series offers pro…
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Power Tools for Choice of Law on Trust Validity
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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 and estate lawyers in the United States and around the globe. This series offers professionals best prac…
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118: Do You Need an Estate Plan for Your Furry or Feathered Family Members?
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You’ve probably heard stories of celebrities leaving their fortunes to their beloved pooches and thought, “How silly!” Sure, it’s unlikely that an animal needs millions of dollars - after all, what will they do with it? But if you’re a pet person, have you stopped to consider what will happen to your sidekick after you’re gone? People don’t think a…
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The Ethics and Future of Practicing Law Remotely
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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 of peer-elected trust and estate lawyers in the United States and around the globe. This series offer…
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Surprising Tax on Distributions From a Partnership
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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 a professional society of peer-elected trust and estate lawyers in the United States and around the globe. This series offers professional…
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US Estate Tax Tips for Non-US Persons and Their Advisors
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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 peer-elected trust and estate lawyers in the United States and around the globe. This series offers prof…
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Drafting with Consideration of Foreign Trust Registration
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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 of peer-elected trust and estate lawyers in the United States and around the globe. This series offers…
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117: Celebrity Estate Planning Lessons: Senator Dianne Feinstein
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You may have heard that Senator Dianne Feinstein passed away on September 29, 2023, and there is pending litigation between the Senator and her deceased husband, Richard Blum, as well as some new litigation regarding her estate. Two petitions have been filed by the Senator’s daughter, Katherine Feinstein. The first petition concerns the joint revoc…
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The IRS is Here to Help: How Does That Happen?
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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 peer-elected trust and estate lawyers in the United States and around the globe. This series offers profe…
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116: What are the Life Stages of a Special Needs Person?
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You may have heard the sentiment that parenting is one of the most challenging yet most rewarding jobs there is. That is even more true when raising a child with special needs because they often come with unique challenges. It’s easy to quickly become overwhelmed mentally, emotionally, and even financially and physically at times. Your sense of nor…
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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 trust and estate lawyers in the United States and around the globe. This series offers professionals best pr…
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Impact of the Connelly v. United States Decision
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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-elected trust and estate lawyers in the United States and around the globe. This series offers professi…
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A New Decision on Adequate Disclosure of Gifts
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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 peer-elected trust and estate lawyers in the United States and around the globe. This series offers prof…
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The Intersection of Well-Being and Trust Planning
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T&E practitioners are introducing Well-Being theory into estate planning by encouraging clients to add Well-Being provisions into the drafting process. The American College of Trust and Estate Counsel, ACTEC, is a professional society of peer-elected trust and estate lawyers in the United States and around the globe. This series offers professional…
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Practical Considerations in Representing the (Un)Happily Married (Pt. 3 of 3)
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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 The American College of Trust and Estate Counsel, ACTEC, is a professional society of peer-elected trust and estate lawyers in the United States and around the globe. This series offers pro…
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115: How This Social Model of Care is Improving Quality of Life for Those with Dementia
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So many of our clients here at Absolute Trust Counsel struggle with dementia. In fact, it’s currently estimated that there will be 14 million people with dementia in the United States by 2060. That means there will be just as many, if not more, taking on the role of caregiver as well. Dementia patients and caretakers often suffer from isolation and…
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Practical Considerations in Representing the (Un)Happily Married (Pt. 2 of 3)
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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 The American College of Trust and Estate Counsel, ACTEC, is a professional society of peer-elected trust and estate lawyers in the United States and around the globe. This series offers profes…
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Practical Considerations in Representing the (Un)Happily Married (Pt. 1 of 3)
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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. The American College of Trust and Estate Counsel (ACTEC) is a professional society of peer-elected trust and estate lawyers in the United States and around the globe. This series offers professionals best prac…
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Considerations for Nonprofits in Accepting Crypto Donations
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Estate planning and banking investment professionals explain what nonprofits need to understand before accepting donations of cryptocurrency, crypto. The American College of Trust and Estate Counsel, ACTEC, is a professional society of peer-elected trust and estate lawyers in the United States and around the globe. This series offers professionals …
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