RPTE eReport

2014
FEBRUARY

IN THIS ISSUE

Section News

Young Lawyers
Network


Law Students

Upcoming Programs

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 NEWS

Registration Now Open for the 2014 Spring Symposia!

Join us for the silver anniversary of the RPTE Spring Symposia to be held May 1 & 2 at the Ritz Carlton in Chicago, IL. From excellent CLE programming to a lunchtime performance by the famous Second City comedy group, this meeting is not to be missed. Visit www.ambar.org/rptesymposia for registration information and programming details.

Task Force on the Future of Legal Education

The American Bar Association Task Force on the Future of Legal Education has released its final report, which calls on law schools, bar associations, regulators and others to: redesign the financial model now prevalent in law schools; revise the system that accredits law schools to permit more experimentation and innovation; and expand opportunities for delivery of legal services. Download this report and read more in this link.

IRS Provides Relief for Certain Portability Elections

Pursuant to comments submitted by the RPTE Income and Transfer Tax Planning Group in September 2013, the IRS issued Revenue Procedure 2014-18, a taxpayer-friendly procedure which provides immediate, non-discretionary relief under Treasury Regulations § 301.9100-3 to executors of smaller estates who previously did not elect portability on a timely-filed estate Form 706. The procedure specifically eliminates the need to file a private letter ruling and to pay any filing fees. Learn more here.

World Congress on Adult Guardianship

RPTE is a proud sponsor of this year's World Congress on Adult Guardianship program, to be held May 28-30 in Arlington, VA. The program, "Promising Practices to Ensure Excellence in Guardianship Around the World," is sponsored by the National Guardianship Network, in affiliation with the International Guardianship Network. Learn more about this program and register online at www.worldcongressguardianship.org.

Fall 2013 Real Property, Trust & Estate Law Journal Synopses

The Fall edition of our member-only journal was mailed in early February- be sure to check your mailbox! Read the synopses from the six articles featured. RPTE members also have the option to download the Journal articles online.

Uniform Law Highlights

The Uniform Law Commission, which has proposed uniform laws to the states since its founding in 1892, has proposed acts which impact both Divisions of the Section. Legislative Counsel Benjamin Orzeske provides an update on those acts. Download the update here.

Help Recruit New ABA and RPTE Members!

Recruit new ABA lawyer members with a free trial ABA and Section membership and you can win Career Coaching Sessions and a $1,000 shopping spree. Visit www.ambar.org/ABAWorkLife to learn more. ABA membership is more valuable than ever!

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Symposia


 

Young Lawyers Network  YOUNG LAWYERS NETWORK

YLN Update

In addition to recommending the Section's great eCLE Fundamentals of Commercial Real Estate series, the YLN also invites members to the Section's Spring Symposia where a host of real property "fundamentals" and estate planning "basics" live CLE programs will be offered (see the Symposia brochure for more information). We hope to see you there! As always, YLN co-chairs Joseph Lubinski (RP) (lubinskij@ballardspahr.com) and Robert Nemzin (TE) (nemzin@butzel.com) encourage any young lawyers interested in writing an article or otherwise interested in becoming more involved with YLN to contact them at the email addresses above.

Prestigious ABA Young Lawyers Division Award Given to RPTE Fellow

The Section sends a huge congratulations to Keya Koul on being awarded a finalist for the 2013 ABA YLD National Outstanding Young Lawyer of the Year Award! Learn more about this award in this link. Congrats Keya- we are so proud of you!

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Law Students  LAW STUDENTS

Attend the Spring Symposia for Free!

As an ABA law student, RPTE offers free registration for the 2014 Spring Symposia. Register today to attend two days of excellent CLE programming, and the benefit of being able to network with lawyers from across the country. Visit the Spring Symposia webpage for more details.

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Law Students  UPCOMING PROGRAMS

eCLE PROGRAMS

Fundamentals of Commercial Real Estate
Session 2- The Next Steps in Leasing for Real Estate Lawyers

February 26

From the Bazaar to the Bizarre: Planning for and Administering Unusual Assets in Estates and Trusts

March 4

Income Taxation of Trusts & Estates and Preparing Form 1041

March 18

Beyond Historic Boardwalk: New IRS Guidance on Federal Historic Rehabilitation Tax Credits

March 26

WEBINARS

Paralegal eLearning Program
Session 3- Key Provisions in Wills and Revocable Trusts

February 27

Professors' Corner- Arbitration of Internal Trust

March 12

LIVE IN PERSON

RPTE Spring Symposia CLE Meeting

May 1 & 2
Chicago, IL

Save the Date: Skills Training for Estate Planners CLE Program

July 14-18
New York, NY

To view a complete list of upcoming programs, visit www.ambar.org/rpteCLE

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Articles of Interest  ARTICLES OF INTEREST

real property trust and estate

Seventh Circuit Affirms that Insertion of Maturity Date and Interest Rate in Illinois Mortgage is Permissive and not Mandatory

Jack Murray
Lien avoidance arguments are a little harder to make in Illinois. Find out more from Jack Murray’s article on the recent decision In re Crane.

From Cemeteries to Research Campuses: The Unforgiving Law of Maryland Restrictive Covenants

Kevin Shepherd
Draft Restrictive Covenants with Care or They May Live on Beyond your Expectations. Kevin Shepherd provides us with some recent guidance from the Courts on this subject.

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ACMA

 

Governor Cuomo Proposes Massive Overhaul of New York’s Tax System

Sharon L. Klein
Sharon L. Klein examines New York Governor Cuomo’s Budget bill that proposes significant changes to New York tax law, including an accumulation tax on trust distributions to New York resident beneficiaries, an increase in the estate tax exemption and an add back to the gross estate of taxable gifts.

Estate Planning Issues With Intra-Family Loans and Notes

Steve R. Akers and Philip J. Hayes
Intra-family loans are a powerful tool in estate planning for wealthy families, but they raise a myriad of estate, gift, and income tax issues. Steve Akers and Philip Hayes explore these issues and many related techniques in great detail.

Heckerling Institute on Estate Planning Conference Reports

Did you attend this year's Heckerling Conference in January? If so, be sure to download the two articles mentioned at the conference: George Karibjanian's article on same-sex marriage and Stephanie Loomis-Price's adequate disclosure checklist. View the daily Heckerling reports here.

PRACTICE ALERTS

Memorandum on Changing Definition of Fiduciary Under ERISA

Lisa Van Fleet and Marsha Clarke
Will the definition of fiduciary under ERISA change? Lisa Van Fleet and Marsha Clarke discuss recent developments in amending the regulations.

Agencies Issues Additional Guidance Impacting Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equity Act

Elizabeth Ysla Leight
The final regulations implementing the Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equity Act became effective January 13, 2014. Elizabeth Ysla Leight summarizes when and how these regulations apply to group health plans.

Notable Developments in the World of Qualified Pension Plan Transactions & Terminations

Christina M. Crockett, Thomas Campbell Farnam and John R. Paliga
This Practice Alert addresses three developments in the qualified pension area- ERISA liabilities in investment funds and parcels of real estate, the Pension Benefit Guaranty Corporation’s program for locating and paying lost participants, and special powers used by the Pension Benefit Guaranty Corporation concerning Hostess bakeries pension plans.

Agent Authority to Enter Arbitration Agreements within Nursing Home Admission Forms

Mary Elizabeth Anderson
The Elder Law, Disability Planning and Bioethics Group discusses the ability of an agent acting under a power of attorney to enter into arbitration agreements on behalf of a principal.

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Technology & Law Practice Management  TECHNOLOGY & LAW PRACTICE MANAGEMENT

Smartphones for Lawyers 3.0

Robert D. Steele and Tony Gjata
The eReport editor Rob Steele is back for a third report, joined by Tony Gjata, on smartphones and how different platforms and smartphones impact lawyers today.

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Technology & Law Practice Management  GROUP AND COMMITTEE NEWS

real property trust and estate

Commercial Real Estate Transactions Group

This Group of nearly 690 members features 6 committees, all which analyze and discuss the transactional issues involving all aspects of commercial real estate. Learn more about this successful group.

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Income and Transfer Tax Group

This Group specializes in providing information and resources on transfer taxes; the income taxation of trusts, estates, grantors and beneficiaries; and tax litigation and controversy. Read more about this Group and it's five subcommittees.

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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 Month  FEATURED RPTE BOOK OF THE MONTH

Book of the Month 

The Advisor's Guide to Long-Term Care

R. David Watros and Erik T. Reynolds

Waiting to address long-term care needs until the point one actually needs care is too late, as it significantly impacts a client's financial situation, quality of life of their loved ones, and their ability to maintain their independence. Incorporating long-term care insurance into the financial plan can ultimately help protect assets reduce the burden of care that would otherwise fall on family members, and enable the client to receive care in the setting they most prefer, including their home. The Advisor's Guide to Long-Term Care looks at the full range of the topic, explaining how to best use it in the estate plan as a prudent risk-management choice.

Starting with the funding of long term care, the authors clearly explain the different options for self-funding, governmental programs such as Medicare, Medicaid, veteran's benefits, and the Federal Long-Term care insurance program, as well as other funding considerations. Tables and figures make the details involved in these choices clear and accessible. Subsequent chapters examine key issues in long-term care insurance, legislation that has affected the insurance, such as HIPAA and the PPA, taxation, and issues to consider in selecting a long-term care insurance company. The authors consider using long-term care for estate planning and wealth preservation and a discussion of employer's options and benefits in establishing long-term care coverage for their employees.

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Purchase this book today!

Regular price: $79.95
RPTE member price: $69.95

 

Downloads  DOWNLOADS

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American Bar Association

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.