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  • A Bi-Monthly Electronic Publication for Section Members
  • FEBRUARY 2008
Real Property News Trust and Estate News

Trust and Estate News

Heckerling Musings 2008
By Steve Akers
Steve Akers condenses the latest Heckerling Institute proceedings into one easy-to-read and well organized article. A must read for all estate planners!

2008 Early Winter Musings: Estate Planning Hot Topics and Current Developments
By Steve Akers

Estate of Christiansen v. Commissioner
By Steve Akers
Formula Disclaimer That Operates Much Like a “Defined Value Transfer Clause” Does Not Violate Public Policy.

Rector v. Commissioner, TC Memo 2007-367
By Steve Akers
The Tax Court finds an implied agreement under §2036 and applies the section to the assets contributed to the FLP rather than to the gifts of LP interests under a “single plan” analysis.

New and revamped 529 Plan Regulations Soon to be Proposed
By Jim Roberts
529 College tuition plans – significant changes are possible.

Jelke: Simplicity in Valuation of Closely Held Investment Companies
By Jim Roberts
The Tax Court says valuation considers a corporation’s built in capital gain without discount.

Untying the Knot– Until Death and Taxes Do Us Part:
Subtitled: The Part Relating to Practical Issues Related To Property Ownership, Estate Planning, and the Range of Unique Opportunities and Challenges That Arise in Planning for the Non-Traditional Family: Documents that all Non-Married Couples Must Consider
By Kathleen Ford Bay

Real Property News

Managing Liability Risks in Green Construction
By Jeffrey D. Masters and John R. Musitano, Jr.
Green building is all the rage and represents a major opportunity for builders to do well by doing good. But green building carries with it liability risks and litigation potential. Learn more about these risks and how to manage them from Jeffrey D. Masters and John R. Musitano, Jr.

Balancing Speech and Property Rights
By Robert Stout
In the recent Fashion Valley Mall case, the California Supreme Court found that, under the California constitution, a mall owner must allow union organizers to leaflet on mall property in support of a boycott of a department store tenant. Robert Stout examines this case and explores why it differs from prior U.S. Supreme Court jurisprudence on the subject.

Cities Sue Subprime Lenders
By Michael Goler and Kevin L. Shepherd
In response to the subprime residential mortgage collapse, the cities of Cleveland and Baltimore have filed ground breaking suits against mortgage lenders alleging various theories of liability.  More municipalities are expected to follow with similar claims.  Michael Goler and Kevin Shepherd provide an early overview of the Cleveland and Baltimore suits.

Would you like to write an article for the eReport?

If you have something to say, and would like your article considered for the eReport, simply email Susan Talley, Editor, at stalley@stonepigman.com for further details.

Section News

RPTE's 19th Annual Spring Symposia
and Council Meeting

Eighth Year of the Fellowship Program

D.C. Law Student Reception

Technology

Don't Miss TechShow 2008!
The RPTE Section is a program promoter of TechShow 2008, a 3-day technology-related seminar hosted by ABA's Law Practice Management Section. Check it out at www.techshow.com and get a special registration discount by using the RPTE program promoter code #PP822. Find out more about this year's ABA TechShow.

Upcoming CLE Programs

real property cle
Real Estate Loan Workouts
Dates: April 3, 2008 and Part 2, April 23, 2008
Type: Teleconference and Live Audio Webcast

trust and Estate cle
Understanding Retirement Assets, Part Seven of the Essential Issues in Trust and Estate Law Teleconference Series
Date: March 19, 2008
Type: Teleconference and Live Audio Webcast

Group & Committee News

real property
Ground Leasing Committee
The Section had formed a NEW Committee for ground leasing professionals, and 50 members from law firms, academia, and industry have already signed on. Click here for more information.

Land Use and Zoning Committee
The Land Use and Zoning Committee will be presenting a program at the 2008 Spring Symposia, Dark Sky over America: Light Pollution and Workable Solutions. This program will offer a fascinating look at the benefits and challenges of implementing lighting ordinances designed to protect our access to the night sky and its dazzling array of planets and stars.

trust and estate
The Elder Law, Disability Planning and Bioethics Group
In its program for the Spring Symposia,  “The Fertile Octogenarian Revisited: Romance Late in Life, its Financial Implications and the Right to Physical Intimacy in the Nursing Home”, the Elder Law, Disability and Bioethics Group will explore the issue of sexually active seniors, as well as the legal implications. For a preview of the program, click here.

Business Planning Group
Trust and Estate Business Planning Group Comments to Congress concerning security arrangements for the payment of estate tax deferred under IRC §6166.

Young Lawyers

Join the ABA Section of Real Property, Trust and Estate Law for the Young Lawyers Institute (YLI) to be held at our 19th Annual Spring Symposia, May 1-2, 2008, in Washington, D.C. The YLI will include a full day of continuing legal education programming expressly designed for attorneys who are new to the fields of real estate or trust and estate law. The program will conclude with a joint cocktail reception for attendees, panelists and leadership from the Section. The registration fee for this one day event, including lunch and reception, is $150 for practicing lawyers and complimentary for students and the first 100 first time attendees who are members of a minority bar association. Registrants for the full Symposia are also welcome to attend these sessions without an additional charge. For more information visit the ABA web site.

Law Students

Show your writing talent and enter the 2008 Student Writing Contest, sponsored by the University of Miami School of Law Graduate Programs in Estate Planning and Real Property Development.

   
An Estate Planner's Guide to Qualified Retirement Plan Benefits

New Book from RPTE

From Handshake to Closing
Sidney G. Saltz

From Handshake to Closing is an invaluable and practical mentoring guide intended to bridge the gap between the way law firms train young lawyers today, often thrusting upon them complicated matters and asking them to learn through trial and error rather than through observation. It teaches real estate lawyers to avoid pitfalls that can kill the deal, and serves as a valuable refresher for more experienced attorneys. Suggestions on how to handle various stages of a deal, the history of the practice, and ample examples are provided.
More....

FOR OFFLINE READING:
- PDF version - print the whole issue
- PDF of Trust and Estate articles only
- PDF of Real Property articles only

About RPTE eReport

The RPTE eREPORT is the bi-monthly electronic publication of the Real Property, Trust and Estate Law Section. It includes practical information for lawyers working in the real property and estate planning fields, together with news on Section activities and upcoming events. RPTE eREPORT also provides resources for young lawyers and law students to succeed in the practice of law. For further information on RPTE eREPORT or to submit an article for publication, please contact: Susan Talley (Editor) at stalley@stonepigman.com; Cheryl Kelly (Real Property Editor) at CKELLY@thompsoncoburn.com; Robert Steele (Trust and Estate Editor) at steele@whafh.com; or Michael Goler (Managing Editor Emeritus) at Goler@MillerGolerFaeges.com. We welcome your suggestions and submissions.

The materials contained herein represent the opinions of the authors and editors and should not be construed to be those of either the American Bar Association or The Section of Real Property, Trust and Estate Law unless adopted pursuant to the bylaws of the Association. Nothing contained herein is to be considered as the rendering of legal advice for specific cases and readers are responsible for obtaining such advice from their own legal counsel. These materials and any forms and agreements herein are intended for educational and informational purposes only. The authors and other contributors to RPTE eREPORT are solely responsible for the content of their submissions, including the accuracy of citations to legal resource materials.

 

 

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