ACTEC Trust & Estate Talk

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.

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.

Susan Bart, a trust and estate lawyer and ACTEC Fellow, breaks down the new IRC §530A Trump accounts. She explains rollout timing and the $1,000 seed for newborns. She outlines who may contribute and tight contribution caps. She compares investment rules, distribution limits, and how these accounts convert to IRAs at 18.

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 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.

Wendy Goff, a trust and estate practitioner, walks through specialized, often overlooked trusts and when they fit a plan. She covers HEETs for multi‑generation education and charity planning. She explains alimony/maintenance trusts, voting trusts for family business governance, blind trusts for executives, and emerging crypto and digital‑asset trust ideas.

Terry Franklin, a trust and estates litigator and ACTEC Fellow, shares his insights on how cultural awareness can enhance estate planning. He highlights the historical barriers that African Americans face in pursuing these services, emphasizing the importance of communication tailored to clients' cultural backgrounds. Franklin explores the significance of education and non-property wealth as protective assets, and discusses the long-standing impact of policies like redlining on the racial wealth gap. He advocates for using estate planning as a means to foster intergenerational wealth within marginalized communities.

Explore the critical role of cultural competence in estate planning. Learn how clients' cultural backgrounds influence their preferences and family dynamics. Discover the four components of cultural competence that enhance attorney-client relationships. Understand how ABA Model Rules relate to cultural awareness, communication, and confidentiality. Insights include adapting language and communication styles to meet diverse client needs, ensuring everyone feels understood and respected in the planning process.

Christopher Hoyt, a law professor at the University of Missouri and ACTEC Fellow, delves into significant tax changes coming in 2026. He highlights how new charitable deduction rules will affect high-income taxpayers and older donors. The introduction of a non-itemizer deduction and a new tax credit for K–12 scholarship charities is explored. Hoyt contrasts IRA giving with itemized strategies, emphasizing the advantages of Qualified Charitable Distributions (QCDs) for donors over 70½ to maximize tax benefits.

Dive into the dilemma of portability in estate planning, highlighted by the costly case of Rowland v. Commissioner. Discover how an incomplete estate tax return resulted in a $3.7 million loss for the surviving spouse. Understand the nuances of relaxed reporting rules and why they failed in this scenario. The discussion covers critical steps to ensure a valid portability election and the IRS's stance on prevalidation. Gain insights that could save estates from significant financial pitfalls!