ACTEC Trust & Estate Talk

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By: The American College of Trust and Estate Counsel | ACTEC

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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Tax Planning with QTIP Trust Assets
Tax Planning with QTIP Trust Assets episode artwork
#393
Yesterday at 3:39 PM

Explore tax planning strategies for QTIP trust assets, including Section 2519, the Anenberg and McDougall decisions, and valuation discounts.

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 advice, insights, and commentary on subjects that affect the profession and clients. Learn more in this podcast.


Should Lawyers Serve as Trustees? What to Consider Before Saying Yes
Should Lawyers Serve as Trustees? What to Consider Before Saying Yes episode artwork
#392
09/29/2026

Lawyers serving as trustees face unique ethical, fiduciary and liability considerations. Learn what to consider before accepting the role.

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 advice, insights, and commentary on subjects that affect the profession and clients. Learn more in this podcast.


Divorce and Estate Planning: Key Considerations Before the Divorce Is Final
Divorce and Estate Planning: Key Considerations Before the Divorce Is Final episode artwork
#391
09/22/2026

Learn key estate planning considerations before a divorce is final, including wills, beneficiary designations, trust assets, fiduciaries, and asset protection.

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 advice, insights, and commentary on subjects that affect the profession and clients. Learn more in this podcast.


Testamentary and Lifetime Planning for the Married Couple: Creating a Lasting Legacy for Their 'Love Story'
Testamentary and Lifetime Planning for the Married Couple: Creating a Lasting Legacy for Their 'Love Story' episode artwork
#390
09/15/2026

Explore ethical considerations, client representation, portability, and marital deduction issues when estate planning for married couples.

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 advice, insights, and commentary on subjects that affect the profession and clients. Learn more in this podcast.


Premarital Planning: What to Know and Do Before 'Going to the Chapel'
Premarital Planning: What to Know and Do Before 'Going to the Chapel' episode artwork
#389
09/01/2026

Premarital planning for high-net-worth families, including legacy asset protection, property laws, trusts, SLATs, DAPTs, and client preparation.

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 advice, insights, and commentary on subjects that affect the profession and clients. Learn more in this podcast.


Trust Modification: When Flexibility Conflicts With Settlor Intent
Trust Modification: When Flexibility Conflicts With Settlor Intent episode artwork
#388
08/11/2026

Learn when an irrevocable trust can be modified, how courts define material purpose, and the legal risks of judicial and non-judicial trust changes.

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 advice, insights, and commentary on subjects that affect the profession and clients. Learn more in this podcast.


Liability of Executors and Transferees for Estate Taxes
Liability of Executors and Transferees for Estate Taxes episode artwork
#387
08/04/2026

Can executors be personally liable for unpaid estate taxes? Learn how fiduciaries and transferees can reduce risk and avoid costly mistakes.

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 advice, insights, and commentary on subjects that affect the profession and clients. Learn more in this podcast.


Section 2801 Final Regulations: Tax on Gifts From Expatriates
Section 2801 Final Regulations: Tax on Gifts From Expatriates episode artwork
#386
07/28/2026

Learn how Section 2801 final regulations affect gifts and bequests from covered expatriates, including tax rules, trusts, Form 708, and key exceptions.

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 advice, insights, and commentary on subjects that affect the profession and clients. Learn more in this podcast.


Reimbursement of Grantor on Trust Income Taxes: When, Why, and How
Reimbursement of Grantor on Trust Income Taxes: When, Why, and How episode artwork
#385
07/21/2026

Learn when grantor trusts can reimburse income taxes, key IRS rules, state law differences, and planning strategies for estate planners.

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 advice, insights, and commentary on subjects that affect the profession and clients. Learn more in this podcast.


What to Do When a Bypass Trust Was Never Funded
What to Do When a Bypass Trust Was Never Funded episode artwork
#384
07/14/2026

Learn how to address an unfunded bypass trust after death, including legal theories, tax implications, and practical strategies for estate and trust administration.

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 advice, insights, and commentary on subjects that affect the profession and clients. Learn more in this podcast.


Federal and State Estate Tax Apportionment: Planning Pitfalls and Best Practices
Federal and State Estate Tax Apportionment: Planning Pitfalls and Best Practices episode artwork
#383
06/30/2026

Estate tax apportionment isn't always straightforward. Learn how federal and state rules affect beneficiaries and how to avoid planning pitfalls.

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 advice, insights, and commentary on subjects that affect the profession and clients. Learn more in this podcast.


Using AI for Document Review: Getting Started for Trust and Estate Attorneys
Using AI for Document Review: Getting Started for Trust and Estate Attorneys episode artwork
#382
06/16/2026

Learn how estate planning attorneys can use AI for document review, trust analysis, client intake, and drafting assistance while maintaining professional judgment and confidentiality.

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 advice, insights, and commentary on subjects that affect the profession and clients. Learn more in this podcast.


Planning With Directed Trusts
Planning With Directed Trusts episode artwork
#381
06/09/2026

Learn how directed trusts divide trustee responsibilities, the role of trust protectors, and how modern trust design creates flexibility in estate planning while maintaining effective trust administration.

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 advice, insights, and commentary on subjects that affect the profession and clients. Learn more in this podcast.


Designing the Modern Single-Family Office: Classic Structure vs. Profits Interest
Designing the Modern Single-Family Office: Classic Structure vs. Profits Interest episode artwork
#380
06/02/2026

Learn how modern single-family offices are structured, including classic and profits interest models, tax efficiency, governance, and investment management.

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 advice, insights, and commentary on subjects that affect the profession and clients. Learn more in this podcast.


Modern Family Offices and Private Trust Companies: A Creative Use of Purpose Trusts
Modern Family Offices and Private Trust Companies: A Creative Use of Purpose Trusts episode artwork
#379
05/26/2026

Modern family offices, private trust companies, and purpose trusts: governance, tax considerations, and legacy planning strategies for ultra-high-net-worth families.

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 advice, insights, and commentary on subjects that affect the profession and clients. Learn more in this podcast.


The Family Office Landscape: Overview of Models, Services, and Options
The Family Office Landscape: Overview of Models, Services, and Options episode artwork
#378
05/18/2026

Explore family office models, services, and key planning considerations for ultra-high-net-worth families, from single-family offices to MFOs.

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 advice, insights, and commentary on subjects that affect the profession and clients. Learn more in this podcast.


How to Build Inclusive Workplaces: Practical Strategies for Neurodiversity and Culture Change
How to Build Inclusive Workplaces: Practical Strategies for Neurodiversity and Culture Change episode artwork
#377
05/05/2026

Explore Part 3 of the Trachtman Lecture as Haley Moss shares practical strategies to build inclusive workplaces and support neurodiverse individuals.

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 advice, insights, and commentary on subjects that affect the profession and clients. Learn more in this podcast.


Neurodiversity in the Workplace: Barriers, Bias, and Belonging (Pt. 2 of 3)
Neurodiversity in the Workplace: Barriers, Bias, and Belonging (Pt. 2 of 3) episode artwork
#376
04/28/2026

Explore neurodiversity in the workplace—covering inclusion, underemployment, stigma, and why embracing different brains benefits everyone. (Part 2 of 3 of Trachtman Lecture)

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 advice, insights, and commentary on subjects that affect the profession and clients. Learn more in this podcast.


Neurodiversity: Leveling Up Our Perspective (Pt. 1 of 3)
Neurodiversity: Leveling Up Our Perspective (Pt. 1 of 3) episode artwork
#375
04/21/2026

Explore neurodiversity in Part 1 of the 3-part Annual Trachtman Lecture—challenging the idea of "normal," redefining differences, and highlighting how every brain processes the world uniquely.

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 advice, insights, and commentary on subjects that affect the profession and clients. Learn more in this podcast.


Private Trust Company Design Considerations for Family Wealth Planning
Private Trust Company Design Considerations for Family Wealth Planning episode artwork
#374
04/14/2026

Explore private trust company design, including governance, jurisdiction, tax considerations, and ownership structures for family wealth planning.

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 advice, insights, and commentary on subjects that affect the profession and clients. Learn more in this podcast.


Trust Funding Options
Trust Funding Options episode artwork
#373
04/07/2026

Learn how fractional and pecuniary trust funding formulas impact taxes, asset allocation, and estate planning outcomes for beneficiaries.

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 advice, insights, and commentary on subjects that affect the profession and clients. Learn more in this podcast.


Providing Charitable Assistance to Survivors of a Disaster
Providing Charitable Assistance to Survivors of a Disaster episode artwork
#372
03/31/2026

Learn how charitable organizations provide disaster relief, including 501(c)(3) rules, fiscal sponsorship, and compliance requirements for aiding survivors.

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 advice, insights, and commentary on subjects that affect the profession and clients. Learn more in this podcast.


Disaster Preparedness for Trust and Estate Planning
Disaster Preparedness for Trust and Estate Planning episode artwork
#371
03/24/2026

When disaster strikes, preparation matters. Based on real-life lessons from the 2025 Eaton Fire, this episode of ACTEC Trust and Estate Talk shares practical strategies to help clients prepare for, navigate, and recover from natural disasters—from evacuation planning and insurance coverage to long-term rebuilding.

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 advice, insights, and commentary on subjects that affect the profession and clients. Learn more in this podcast.


Hiring the Next Generation of Trust and Estate Attorneys
Hiring the Next Generation of Trust and Estate Attorneys episode artwork
#370
03/10/2026

Learn how law firms can recruit, train, and mentor the next generation of trust and estate attorneys to address the growing shortage in the estate planning profession.

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 advice, insights, and commentary on subjects that affect the profession and clients. Learn more in this podcast.


Trump Accounts (IRC §530A): Estate, Tax, and Wealth Planning Considerations
Trump Accounts (IRC §530A): Estate, Tax, and Wealth Planning Considerations episode artwork
#369
02/23/2026

Analysis of Trump Accounts under Section 530A, including eligibility, contribution limits, gift tax concerns, IRA conversion rules, and comparison to Section 529 plans.

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 advice, insights, and commentary on subjects that affect the profession and clients. Learn more in this podcast.


Estate Planning Considerations in Community Property States Relating to Retirement Accounts
Estate Planning Considerations in Community Property States Relating to Retirement Accounts episode artwork
#368
02/17/2026

Explore how community property laws shape IRAs, 401(k)s, beneficiary designations, and spousal rights in retirement account estate planning.

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 advice, insights, and commentary on subjects that affect the profession and clients. Learn more in this podcast.


When Parents Get Involved: Ethical Risks in Estate Planning and Divorce Prep
When Parents Get Involved: Ethical Risks in Estate Planning and Divorce Prep episode artwork
#367
02/10/2026

When parents join prenup or divorce planning, ethical risks follow. ACTEC Fellows explore privilege, conflicts, and protecting the attorney-client relationship.

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 advice, insights, and commentary on subjects that affect the profession and clients. Learn more in this podcast.


Useful but Overlooked Trusts: A Planner's Guide to When and How to Use Them
Useful but Overlooked Trusts: A Planner's Guide to When and How to Use Them episode artwork
#366
01/26/2026

Explore overlooked trusts—including HEETs, alimony, voting, and blind trusts—and when estate planners should use them to address complex client needs.

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 advice, insights, and commentary on subjects that affect the profession and clients. Learn more in this podcast.


How Cultural Awareness Improves Estate Planning Outcomes
How Cultural Awareness Improves Estate Planning Outcomes episode artwork
#365
01/20/2026

How cultural awareness improves estate planning outcomes, with insights on the racial wealth gap and strategies for more effective, inclusive client guidance.

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 advice, insights, and commentary on subjects that affect the profession and clients. Learn more in this podcast.


Planning for a Diverse Family: Cultural Competence Within the Model Rules of Professional Conduct
Planning for a Diverse Family: Cultural Competence Within the Model Rules of Professional Conduct episode artwork
#364
01/13/2026

Cultural competence in estate planning and how the ABA Model Rules guide ethical, inclusive client representation.

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 advice, insights, and commentary on subjects that affect the profession and clients. Learn more in this podcast.


Your Income Tax Charitable Deductions Are Different in 2026
Your Income Tax Charitable Deductions Are Different in 2026 episode artwork
#363
01/06/2026

Learn how the 2026 tax law changes impact charitable deductions, SALT limits, and QCD planning—especially for donors over age 70½ and high-income taxpayers.

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 advice, insights, and commentary on subjects that affect the profession and clients. Learn more in this podcast.


Loss of the Portability Election: Estate of Rowland v. Commissioner
Loss of the Portability Election: Estate of Rowland v. Commissioner episode artwork
#362
12/16/2025

Portability can be a powerful tool—until it isn't. In this new ACTEC Trust and Estate Talk episode, we break down Estate of Rowland v. Commissioner and how an incomplete estate tax return cost the surviving spouse $3.7 million in DSUE. Learn what went wrong, why the relaxed reporting rules didn't apply, and the key steps practitioners should take to safeguard a valid portability election.

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 ad...


Gift Tax Blunders: Common Mistakes on Form 709
Gift Tax Blunders: Common Mistakes on Form 709 episode artwork
#363
12/09/2025

Common Form 709 mistakes can trigger costly GST and gift-tax consequences. ACTEC experts explain how to spot and fix DSUE, GST allocation, and gift-splitting errors.

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 advice, insights, and commentary on subjects that affect the profession and clients. Learn more in this podcast.


Gift Tax Returns: Planning, Ethics, and Best Practices
Gift Tax Returns: Planning, Ethics, and Best Practices episode artwork
#360
11/18/2025

Learn about Form 709-NA, e-filing updates, gift splitting, digital assets, and disclosure rules in this ACTEC podcast on gift tax returns.

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 advice, insights, and commentary on subjects that affect the profession and clients. Learn more in this podcast.


A Trustee's Perspective on Trust-Owned Life Insurance
A Trustee's Perspective on Trust-Owned Life Insurance episode artwork
#359
11/12/2025

Learn key considerations for trustees managing Irrevocable Life Insurance Trusts (ILITs) and how to navigate grantor rules and withdrawal rights.

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 advice, insights, and commentary on subjects that affect the profession and clients. Learn more in this podcast.


Your Charitable Income Tax Breaks Are Changing in 2025 and 2026
Your Charitable Income Tax Breaks Are Changing in 2025 and 2026 episode artwork
#358
11/04/2025

Learn how 2025–2026 tax changes impact charitable deductions, DAFs, and SALT limits, plus smart year-end giving and IRA gift 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 professionals best practice advice, insights, and commentary on subjects that affect the profession and clients. Learn more in this podcast.


Taxation of Foreign Non-Grantor Trusts
Taxation of Foreign Non-Grantor Trusts episode artwork
#357
10/14/2025

Learn how U.S. tax rules affect foreign non-grantor trusts and discover key strategies for cross-border estate planning and compliance.

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 advice, insights, and commentary on subjects that affect the profession and clients. Learn more in this podcast.


How Artificial Intelligence (AI) Is Redefining Publicity Rights
How Artificial Intelligence (AI) Is Redefining Publicity Rights episode artwork
#356
10/07/2025

Artificial Intelligence is redefining publicity rights. From ABBA's "ABBAtars" to AI voice cloning and estate planning battles, the legal landscape is shifting fast. ACTEC Fellows discuss the challenges and their implications for legacy planning.

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 advice, insights, and commentary on subjects that affect the profession and clients. Learn more in this podcast.

 


Qualified Business Income (QBI) Deductions Post-OBBBA
Qualified Business Income (QBI) Deductions Post-OBBBA episode artwork
#355
09/23/2025

Learn how the One Big Beautiful Bill Act changes the Qualified Business Income (QBI) Deduction, expanding phase-in ranges and tax planning opportunities.

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 advice, insights, and commentary on subjects that affect the profession and clients. Learn more in this podcast.


How the OBBBA Impacts Qualified Small Business Stock (QSBS)
How the OBBBA Impacts Qualified Small Business Stock (QSBS) episode artwork
#354
09/16/2025

Explore OB3 Act changes to QSBS rules, including the new $75M limit, $15M exclusion, and strategies to maximize tax savings for founders and investors.

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 advice, insights, and commentary on subjects that affect the profession and clients. Learn more in this podcast.