RPTE eReport logo
  •   A Bi-Monthly Electronic Publication for Section Members
  • April 2011

Section News

Join RPTE in Washington, D.C. for the Spring Symposia!

Registration for the 2011 Spring Symposia will be offered on-site at the Grand Hyatt from 1-5 p.m. on Wednesday, April 27, and 7 a.m.–5 p.m. on Thursday, April 28 and Friday, April 29.

Don't Miss Out on This Year's Luncheons:
Groups and Committees Luncheon
Thursday, April 28, 11:30 a.m.–1:30 p.m.
Open to all attendees, tables will be set up for each group to provide a forum for discussion—an excellent opportunity to network and find out what projects you might want to become involved with further.

Trust and Estate Luncheon: TRA 2010, and Other Hot Topics in Estate Planning: "I'm So Dizzy, My Head is Spinning"
Friday, April 29, 11:30 a.m.–1:00 p.m.
Speakers: Steve R. Akers, Bessemer Trust, Dallas TX and Catherine V. Hughes, U.S. Department of Treasury, Washington, DC

Real Property Luncheon: The State of the US Real Estate Economy in 2011
Friday, April 29, 11:30 a.m.–1:00 p.m.
Speaker: Jamie Woodwell, Vice President of Commercial/Multi-Family Research, Mortgage Bankers Association, Washington, DC

Thank You to Our 2011 Spring Symposia Sponsors!
The Section sends a big thank you to this year's Symposia sponsors, who will help make the event a great success. Our Gold and Silver sponsors are:
Gold Level: Sterling Foundation Management, LLC
Silver Level: Bessemer Trust, Christie’s, Empire Valuation Consultants LLC, Fiduciary Trust International, HFBE, and Wilmington Trust

For a complete listing of Symposia sponsors, click here.

Section Ethics Committee Provide Comments to ABA Commission
The Section has submitted comments to the ABA’s Commission on Ethics 20/20 issue papers on domestic and international outsourcing and cross-border practice. We appreciate the work of Section members Adam J. Sigman, Patricia H. Char, Dana G. Fitzsimons, Jr., James G. Durham, Louis S. Pettey, and Mike Rubin in this effort. Click here to read the Committee's comments.


Real Property News


Trust and Estate News


real property

Real Property News

Public and Private Sales of Real Property by Federal Court Receivers—Outline
John C. Murray

Federal receiverships are being used more frequently in connection with loan collection and collateral sales efforts.  Learn more about this remedy from the outline and forms provided here by John C. Murray.

Victory for Lenders: The District Court Reverses a Bankruptcy Court Order Imposing Fraudulent Transfer Liability on Corporate Group Lenders
Kathleen E. Kraft

Learn more about current considerations in evaluating fraudulent transfer risk in transactions from this summary of the federal District Court’s recent ruling in the Tousa case.


trust and estate

Trust & Estate News


Uniform Law Commission Approves Amendments to Uniform Trust Code
Kevin D. Millard

At its annual meeting in July, 2010, the Uniform Law Commission approved amendments to the Uniform Trust Code to deal with the insurable interest issue that was raised by the trial court decision in Chawla ex rel Giesinger v. Transamerica Occidental Life Insurance Co.

Current Developments Musings
Steve R. Akers

Steve Akers provides a concise summary of eleven recent cases that may have a significant impact on estate and tax planning—from carryover basis election to avoid estate tax regime for 2010 decedents, to issues regarding 2036 retained interests, to the disallowance of FLP discounts.

The Ultimate Irony: Part II—States Begin to Tackle Construction Issue Dilemmas in Their Own Formulaic Construction Statutes
Sharon L. Klein
When the federal and GST tax regimes initially lapsed on January 1, 2010 there was much confusion regarding the interpretation of formula clauses in instruments that were linked to tax concepts that simply disappeared. When federal legislation was enacted on December 17, 2010, state construction statutes became plagued with construction dilemmas. In Part I of this article, Sharon Klein provided a comprehensive review of legislation passed in 2010 and in Part II she provides an update on how states are reacting to unanticipated construction and other dilemmas in their statutes.

Transfer Tax and Life Insurance Planning in 2011–2012
Melvin A. Warshaw and Mark R. Parthemer
This article is a summary of the two presentations led by the authors, who are Co-Vice Chairs of the Insurance & Financial Planning Committee for the ABA RPTE Non-Tax Considerations Group in recent conference calls. The presentations were a primer on key aspects of the new tax act, as well as general tax and life insurance planning that can be considered for planning with clients.


Trust & Estate Practice Alert



Changing Health Claims and Appeals Rules Create Challenges For Plan Members, Sponsors, Fiduciaries, Administrators and Insurers
Cynthia Marcotte Stamer
Get a sneak peak of the hot issues related to employee benefits and compensation in this brief summary of the changes in the health claims and appeals rules applicable to plan members, sponsors, fiduciaries, administrators and insurers, as well as some of the related topics that will be addressed at the upcoming RPTE Spring Symposium.



Technology and Law Practice Management

Google Scholar: The Best Kept Secret on the Internet (Not Any More)

Amy B. Beller
The Google Scholar webpage is a free search engine of full text court decisions, scholarly research and academic papers. Amy Beller has submitted her comments and how-to's on this exciting website in this paper.

How to Post on LinkedIn

Are you interested in sharing links to pertinent legal articles or starting a discussion with your colleagues? LinkedIn is the perfect place to do this! Read about how to post on LinkedIn here.


Have you heard? We have monthly contests on our social networking sites where you can win free RPTE eCLEs or even a RPTE book! Join us today!

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Upcoming CLE

Live In-Person CLE

Philadelphia Community Outreach Program: The Real Estate Law You Wish You Learned In Law School
April 25, May 23, June 27, July 25, August 29, and September 26, 2011
Click here to view the Philadelphia Community Outreach Program webpage.

2011 Skills Training for Estate Planners
Are you new to estate planning and interested in participating in a week-long CLE course in New York? Click here to read more about this highly acclaimed program

eCLE Programs:

Recent Developments Asset Protection Planning
April 21, 2011

Live From the Spring Symposia Meeting: Hot Topics in Estate Planning 2011
April 29, 2011

2011 ALTA/ACSM Survey Standards
May 4, 2011

Creating Grantor Trusts
May 10, 2011

Foreclosure Defects: Robosigning and its Impact on the Marketability of Title
May 17, 2011

Using Partnerships to Own Buy-Sell Insurance
July 19, 2011

To view a complete list of upcoming eCLE programs, visit the RPTE homepage here.

All RPTE eCLEs are teleconferences, with the option to listen via live audio webcast. All eCLEs occur 12 p.m.-1:30 p.m. Central time unless noted otherwise.


Group News

Real Property

Residential, Multi-Family, and Special Use Group
From producing mini webinars to keeping Committee webpages up-to-date, this Group and its four Committees have been keeping quite busy. Click here to read more.

Trust & Estate

Charitable Planning and Organizations Group
Learn about this Group's active endeavors, including its sponsorship and production of three upcoming CLE programs at the 2011 Spring Symposia, via this link.

Elder Law, Disability Planning and Bioethics Group
This Group is a diverse collection of Committees and lawyers who work collectively to enhance the knowledge and practice of issues concerning seniors, those dealing with individuals with special needs, as well as the multitude of issues impacting the law and ethical issues in medical issues. Read more about this Group here.


Committee Spotlight

committee spotlight

Asset Protection Planning Committee

The Asset Protection Planning Committee has planned two teleconferences slated for April, one of which is for ethics CLE credit. Click here to read more about this Committee's programs!


Young Lawyers Network

YLN Updates

The leadership of the Young Lawyers Network (YLN) are excited to meet new members at the Spring Symposia! Read updates from the Network here.


Law Students

2011 Law Student Writing Contest

Enter the 2011 law student writing competition and compete to win the $2,500 first place prize! Read more about it here!




Join a Group or Committee Today!

RPTE members can join Groups and Committees online here. For questions regarding membership, contact Bunny Lee at (312) 988-5651 or email bunny.lee@americanbar.org.



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 Robert Steele, Editor, at steele@whafh.com for further details.



The Advisor's Guide to Life Insurance

New Book from RPTE

The Advisor's Guide to Life Insurance
Harold D. Skipper and Wayne Tonning

The Advisor's Guide to Life Insurance provides an accessible, focused, and integrated approach to the full range of issues involved in the subject of life insurance. It is designed to assist advisors in making better informed life insurance recommendations to their clients, and it also serves as an expert training tool for advisors and their staffs. 
The book is organized in six parts: the life insurance purchase; assessing life insurance company financial strength; life insurance policy fundamentals; determining the appropriate policy for each application; life insurance illustrations and the sustainability of policy values; and the issues involved in ongoing policy management.
Click here for more information and pricing.


- PDF version - print the whole issue
- PDF of Trust and Estate articles only
- PDF of Real Property articles only

About the 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. The RPTE eReport also provides resources for seasoned and young lawyers and law students to succeed in the practice of law. For further information on the RPTE eReport or to submit an article for publication, please contact Robert Steele (Editor) at steele@whafh.com; Cheryl Kelly (Real Property Editor) at CKELLY@thompsoncoburn.com; or Anta Cisse-Green (Trust and Estate Editor) at acissegreen@akingump.com. We welcome your suggestions and submissions.

A special thank you to our Editors Emeritus, Susan Talley (stalley@stonepigman.com) and Michael Goler (Goler@MillerGolerFaeges.com), for their hard work throughout the initial development of the RPTE eReport. Susan and Michael are happy to receive readers’ suggestions for future articles.

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 ABA 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 the RPTE eReport are solely responsible for the content of their submissions, including the accuracy of citations to legal resource materials.


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