RPTE eReport for August 2013

2013

AUGUST

IN THIS ISSUE

Section News

Young Lawyers
Network


Law Students

Upcoming CLE

Articles of Interest:

Real Property
Trust & Estate
Practice Alert

Technology & Law
Practice Management


Group & Committee
News

Featured RPTE
Book of the Month


Downloads

Learn About and Contribute to the
eReport


www.ambar.org/RPTE

Section NewsSECTION NEWS

The Section Welcomes New Leadership Members

The 2013-2014 RPTE Section Chair and Officers began their slated term immediately following the ABA Annual Meeting. View these newly appointed leaders, and read a welcome letter from the 2013-2014 Section Chair, Susan Talley, in this link.

RPTE and Section of Taxation Joint Fall CLE Meeting

The Section invites all trust and estate practicing lawyers to attend this year's Joint Fall Meeting held September 19-21 in San Francisco, CA. Visit the Joint Fall Meeting webpage to learn about the CLE programming and networking events to be held at Hyatt Regency.

A New Twist – 2013 Skills Training for Estate Planners CLE Program

Not only did this program survive the July heat wave in New York City, but a hot new track of advanced CLE programming was added for more experienced lawyers. Learn more the 2013 program tracks, and encourage the young colleagues you know to take advantage of this program next year!

Spring 2013 Edition of the Real Property, Trust and Estate Law Journal

Read synopses of the articles in the Spring 2013 edition of the RPTE Journal. This scholarly law journal, produced in conjunction with University of South Carolina School of Law, is an added benefit to all RPTE members. Download the synopses here. To view past issues, visit the RPTE Journal webpage.

Save the Date! 25th Annual Spring Symposia

What do deep dish pizza, the Cubs/Sox rivalry, shopping on Michigan Avenue and RPTE have in common? Chicago! Join the Section for our Silver Anniversary of the Spring Symposia CLE Meeting, May 1-2, 2014 in Chicago, IL. More details to come!

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Young Lawyers NetworkYOUNG LAWYERS NETWORK

2013-2015 Class of Fellows Announced

After another record-setting number of applications, the Section has selected the 2013-2015 class of Fellows. Learn about the 2013-2015 Fellows!

Spotlight on Timnetra Burruss, 2011-2013 Fellow

As Timnetra's Fellowship comes to an end, read about her experience as an RPTE Fellow. Click here to read more.

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Law StudentsLAW STUDENTS

Benefits for all RPTE Law Students

Did you know that the following benefits are included in the $5 RPTE Law Student dues?: Subscriptions to all RPTE publications, free registration to in-person CLE meetings, eligibility to enter the RPTE Law Student Writing Contest, free webcast viewings of RPTE eCLE programs, and the option to join numerous Groups and Committees. Visit the Law Student webpage!

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Upcoming CLEUPCOMING CLE

LIVE IN PERSON

Joint Fall CLE Meeting with ABA Section of Taxation

September 19-21
San Francisco, CA

eCLE PROGRAMS

Paralegal eLearning Session 9: Estate Litigation Part II (Techniques to Audit-Proof Planning)

September 11

Income Taxation of Life Insurance

September 17

Bridging the Capitalization Gap: My Loan is Due, Now What Do I Do? Preferred Equity, Mezzanine Financing and Second Mortgages

September 18

Creditor Remedies Against LLCs and LPs Other Than Charging Orders

September 24

To view a complete list of upcoming eCLE programs, visit the eCLE webpage 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.

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Articles of InterestARTICLES OF INTEREST

real property

Some Courts Say That Property Owners Cannot Sue Their Architects and Consultants for Designing Inaccessible Facilities

Minh N. Vu
This article discusses an alarming trend for owners of commercial facilities and developers of multifamily housing – courts prohibiting owners and developers from suing their architects and consultants for designing facilities that do not comply ADA and FHA accessibility requirements.

Zombie Mortgages in Illinois’ Second Appellate District

Michael J. Rooney
Back from the dead? In his article on Zombie Mortgages, Michael Rooney explains how Illinois mortgages once thought extinguished may have a new life as a result of recent case law.

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trust and estate

Help - My Exclusively Foreign Trust Now Has a U.S. Beneficiary! What Are The Issues a Trustee Will Now Face?

Nina Krauthamer
This article addresses the U.S. tax consequences to a foreign trust and a beneficiary of a foreign trust who is or later becomes a U.S. citizen or resident alien.

Asset Protection Estate Planning: Trusts and Estates Attorneys are More Than Just Trust and Estate Drafters

Michael Sneeringer
Michael Sneeringer discusses the legal complexities faced by estate planners who draft asset protection trusts for clients who may later become embroiled in a divorce, bankruptcy, or a personal injury or vicarious liability lawsuit.

Disclosure of Deceased Client's Files - A Summary of New York State Bar Association Committee on Professional Ethics Opinion 970

Mark Silverstein
The New York State Bar Association's Committee on Professional Ethics issued an opinion which addresses the ethical issues involved in turning over a deceased client's files to the executor of the the estate.

PRACTICE ALERT

The "Functionally Related Business" Exception to Section 4943: Private Letter Ruling 201323029 (March 12, 2013)

Charitable Planning and Organizations Group
The Internal Revenue Service recently issued a private letter ruling allowing a corporation wholly-owned by a private foundation to qualify for the rarely-used "functionally related business" exception in Code §4943.

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Technology & Law Practice ManagementTECHNOLOGY & LAW PRACTICE MANAGEMENT

Is Technology Impacting Your Real Estate Practice? (Why not?)

Keith Mullen
Are the latest discoveries/advances in technology affecting your practice? Or has nothing really changed since email was introduced to the profession? Keith Mullen, the eReport's new Editor of Real Property Technology Articles, discusses his views on new technology and offers suggestions on how best to adapt.

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Group and Committee NewsGROUP AND COMMITTEE NEWS

real property

The Leasing Group

As the winner of the 2012 RPTE Diversity Award, the Leasing Group, has much to be proud about! Read more about this large Group's ongoing work, along with information on monthly conference calls by clicking here.

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trust and estate

Employee Benefit Plans and Other Compensation Arrangements Group

Learn about this Group's various CLE programming (including upcoming programs at the Joint Fall Meeting) and other Committee work in this link.

JOIN A GROUP OR COMMITTEE TODAY!

Group and Committee membership is free to all RPTE members! Learn more about our nine Real Property Groups and seven Trust and Estate Groups. For questions regarding membership, contact Bunny Lee at (312) 988-5651 or email bunny.lee@americanbar.org.

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Book of the MonthFEATURED RPTE BOOK OF THE MONTH

Book of the MonthFederal Gift, Estate, and Generation-Skipping Transfer Taxation of Life Insurance, Third Edition

Lawrence Brody, Norman H. Lane, and Mary Ann Mancini

Now updated and completely revised, this volume in the popular Insurance Counselor series will help you take full advantage of minimizing the transfer taxation of the estate plan as well as avoid the many pitfalls that can arise. The first chapter deals with life insurance as a gift, informing you about the valuation of policies and their qualification for the gift tax annual exclusion. Among the areas discussed are: outright transfers, transfers in trust, indirect gifts; the uses and issues relating to Crummey powers; and the gift tax marital deduction.

Further issues discussed in the second chapter are the gift tax, including consideration of cases when a gift occurs with respect to a life insurance policy, the valuation of the gift, and the availability of the gift tax annual exclusion and the gift tax charitable or marital deduction. The third chapter deals with the estate taxation of life insurance, with emphasis on the two IRC sections that have particular application to life insurance: sections 2035 and 2042. The fourth chapter discusses the generation-skipping transfer tax and its application to life insurance and irrevocable life insurance trusts, while the final chapter specifically addresses important community property considerations.

Citations and case law and the relevant IRC provisions are provided, as well as a table of cases and a table of IRC Sections, Regulations, and Rulings.

Click here to purchase this book today!
Regular price: $129.95, RPTE member price: $99.95

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DownloadsDOWNLOADS

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eReport issue

PDFDownload a PDF of these Real Property articles

PDFDownload a PDF of these Trust and Estate articles

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American Bar AssociationThe 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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