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ACTEC Trust & Estate Talk

The American College of Trust and Estate Counsel | ACTEC

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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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Welcome to New York's Asset Protection Roundtable with Ted Alatsas of Alatsas Law Firm in Brooklyn, New York. Alatsas Law provides one-on-one guidance when you're struggling to resolve family, elder law, asset protection, or bankruptcy concerns. On this show, Ted will explain complex legal concepts in easy-to-understand terms and encourage you to fully participate in the decision-making process so you can face you future with confidence. Join us each episode as we creatively address many iss ...
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Absolute Trust Talk

Kirsten Howe: Attorney and podcaster

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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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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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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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We've got a mailbag edition of the show for you today! Ted is tackling 3 listener questions in this episode. Elise asks why she and her husband need to engage in estate planning now if they have each other listed as beneficiaries. Theo asks whether his brother, added as a co-owner of their father's assets, would legally be able to keep everything f…
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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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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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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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Do you think you have things figured out if your better half passes first? Think again. We're diving deep into what really happens—and spoiler, it's not always what you'd expect. From joint accounts to sneaky state laws, we're chatting about the big surprises and little-known loopholes that could throw a wrench in your plans. Contact: 718-233-2903 …
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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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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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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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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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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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In this episode, we'll be answering some mailbag questions from listeners like you. One listener asks whether the revocable trust they set up online serves as a replacement for a will. Another listener asks whether they still need a pour-over will if they have fully funded their trust. These conversations are a great way for you to learn from real-…
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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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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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Many families choose a trust as the best way to manage and distribute their inheritance after they pass away. However, people are surprised to find out that they still need a will EVEN IF they have a trust. In this episode, we’ll explore some of the compelling reasons why this is the case. Contact: 718-233-2903 Website: https://www.alatsaslawfirm.c…
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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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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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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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This week, we're opening up the mailbag to answer 3 listener questions. These conversations provide a great opportunity for you to learn from real-life estate planning scenarios! Nathan wonders if there's a way to take care of children that don't exist yet in their estate planning. Sophia, a new grandmother, is keen on leaving money for her first g…
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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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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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This episode is all about being one step ahead, when possible. We’ll tackle the 'what ifs' of estate planning and focus on future-proofing your legacy. We'll explore strategies to anticipate and address unforeseen events, from future grandchildren to beneficiary contingencies, and much more. Contact: 718-233-2903 Website: https://www.alatsaslawfirm…
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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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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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We've got 3 great mailbag questions for you today! Lucas asks if his brother, who is not planning to marry or have kids, should have an estate plan. Gerald asks if there are any special estate planning considerations when renting out property. Of course, we'll kick off this episode with a legalese of the day, and, in light of the season, chat a bit…
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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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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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Estate planning (like many things) is always best handled LONG before it is needed. However, even a well-thought-out estate plan should be reviewed periodically. If the family is aware that “the end is near," it’s always a good idea to review certain aspects of the plan and the wishes of the person who is about to pass away. Contact: 718-233-2903 W…
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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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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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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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We have a mailbag edition of the show for you today! We're tackling 3 great listener questions in this episode. Ethan asks for guidance on how to prevent his son's untrustworthy spouse from gaining control of the inheritance he wants to leave. Hannah asks about options to protect her granddaughter's inheritance from potential claims by student loan…
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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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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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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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After someone passes away, the executor or trustee takes on the responsibility of executing the wishes of the deceased individual and managing the estate. This role encompasses a range of duties including paying bills, settling debts, filing taxes, and possibly selling assets. When the time comes for beneficiaries to receive their inheritance, it m…
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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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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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Welcome back to New York's Asset Protection Roundtable! We will be opening up the mailbag to answer some listener questions in today's show. We'll kick off the episode with Ted talking about the most beautiful place he's ever visited before diving into your questions. This time around, Ted will talk about three different estate planning scenarios. …
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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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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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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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In today's episode, we delve into the complexities of leaving an inheritance. While the common approach is to divide it equally among children or grandchildren, is this always the best choice? Join us as we explore scenarios where an equal share might not be the ideal solution. Contact: 718-233-2903 Website: https://www.alatsaslawfirm.com/…
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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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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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We're answering several listener questions on today's episode about planning for children, assigning a power of attorney who might be older than you are, and how to manage living at multiple properties in multiple states. We'll also tackle our "Legalese" word of the day: "Durable" Power of Attorney. Contact: 718-233-2903 Website: https://www.alatsa…
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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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