RPTE eReport

2014
JUNE

IN THIS ISSUE

Section News

Articles of Interest:
  Real Property
  Trust & Estate
  Practice Alert

Technology & Law
Practice Management


Upcoming Programs

Young Lawyers
Network


Law Students

Group & Committee
News

Featured RPTE
Book of the Month


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eReport


www.ambar.org/RPTE

 

  SECTION NEWS

The Silver Anniversary of the Spring Symposia Was a Hit!

Chicago could not have been a more perfect place to celebrate the 25th anniversary of the Spring Symposia meeting. From two days full of CLE programming to lunch with the famous Second City comedy performers, this meeting was not to be missed. Did you stop by our sponsor backdrop to get your photo taken? Be sure to view our Google Plus page to see all the photos from this year's meeting.

Thank You to the 2014 Spring Symposia Sponsors

This year's fabulous meeting could not have been possible without the support of our sponsors. Learn more about the 2014 sponsors in this link. Want to learn more about RPTE sponsorship opportunities? Visit the Corporate Sponsorship Committee webpage.

Young Lawyers - Apply for an RPTE Fellowship

The June 27 application deadline for this highly regarded two year Fellowship is quickly approaching. Click here to read more about this program and how to apply.

Winter 2014 Edition of the Real Property, Trust & Estate Law Journal

Read synopses of the articles in the Winter 2014 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.

June 27 Registration Deadline for Skills Training for Estate Planners CLE Program

Both new and experienced lawyers won’t want to miss out on this annual program. Join us at the New York Law School for one of our two courses of study: Fundamentals Program (July 14-18) and Advanced Topics (July 16-18). Don't forget to tweet with us by using #rpteSTEP!

ABA MAGNITUDE360 Annual Meeting

The ABA MAGNITUDE360 format is the centerpiece of the new Annual Meeting and encompasses Association-wide events which will lead to a more streamlined and focused meeting allowing more opportunity for you to attend events with fewer scheduling conflicts. Join the ABA in Boston, MA August 8-10.

Community Outreach Committee Bylaw Amendment

The Community Outreach Committee has proposed a bylaw amendment, which will be voted upon at the ABA Annual Meeting by the RPTE Council. Read their proposed amendment in this link.

Free Committee Conference Calls

Be sure that you are taking advantage of your RPTE membership by joining a free committee conference call. Download the June and July schedule, and mark your calendar to call in!

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Articles of Interest  ARTICLES OF INTEREST

real property trust and estate

Recent Nevada Legislation Precluding Loan Buyers from Pursuing Guarantors Cannot be Applied Retroactively: Sandpointe Apts. v. Eighth Jud. Dist. Ct.

Dale Whitman
Buyer beware: In Nevada, a buyer of a loan on the secondary mortgage market may be in for a surprise. Find out more by reading Dale Whitman’s piece on the Sandpointe decision.

“Rails to trails” or “rails to trespass”: Supreme Court speaks of the abandonment of certain railroad rights of way

Michael C. Thelen
This article discusses the recent Supreme Court decision affecting easements, in which the Court holds the Federal Government to a much older argument it made about easements and which contradicts the Government’s argument in this case.

Floor vs. Foundation – A Million Dollar Question

David J. Marmins
Floor or foundation – the Seventh Circuit Court of Appeals makes it clear in its recent decision that every word of a lease matters.

 


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Valuation of Investment Holding Company—Valuation Method, Discounts and Under-Valuation Penalty, Estate of Richmond v. Commissioner

Steve R. Akers
Steve Akers provides a detailed summary of Estate of Helen P. Richmond v. Commissioner, T.C. Memo 2014-26 (February 11, 2014) where the value of a decedent’s interest in a closely held corporation was based on an unsigned draft report by an accountant who had some experience preparing appraisals (having written 10-20 valuation reports) but who did not have any appraiser certifications.

Estate Planning: Current Developments and Hot Topics

Steve R. Akers
Steve Akers provides a summary of current developments in the trusts and estates arena, including a few of his observations from the 48th Annual Philip E. Heckerling Institute on Estate Planning as well as other observations from various current developments and interesting estate planning issues.

PRACTICE ALERT

Life Insurance Policy Valuation:
Schwab v. Commissioner – Common Sense Prevails

The Non-Tax Estate Planning Considerations Group provides an update on Schwab v. Commissioner, a recent case involving life insurance valuations.


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Technology & Law Practice Management  TECHNOLOGY & LAW PRACTICE MANAGEMENT

ABA Commission on Law and Aging's Smart Phone App

My Health Care Wishes is an ABA Commission on Law and Aging smart phone app that gives individuals and their family members the ability to store their own and each other’s health care advance directives, key health information, and health care contacts on their Apple or Android smartphones, and to send advance directive documents directly to health care providers by email or Bluetooth connectivity. You can learn more about the app and download it by going to www.MyHealthCareWishes.org.

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Law Students  UPCOMING PROGRAMS

eCLE PROGRAMS

Topsy-Turvy: The World of Non-Recourse Financing Turned Upside Down or Right Side Up?

June 25

Tax Provisions in LLC, Partnership, And Alternative Entity Agreements

July 15

SCINs and Private Annuities

August 5

 

WEBINARS

Paralegal eLearning Program
Session 8- Family Law/Elder Law Overlap

July 10

LIVE IN PERSON

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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Young Lawyers Network  YOUNG LAWYERS NETWORK

RPTE Fellows Program - Applications Due June 27

Fellows Program encourages the active involvement and participation of young lawyers in Section activities. The goal of the program is to give young lawyers an opportunity to become involved in the substantive work of the RPTE Section, while developing into future leaders. Learn more and download the application.

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Law Students  LAW STUDENTS

RPTE Law Student Writing Contest

Best of luck to all students who entered this year's law student writing contest! The papers will be reviewed soon, and an announcement will be posted on the law student page once the top three winner's have been decided. View the law student webpage for more details.

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Technology & Law Practice Management  GROUP AND COMMITTEE NEWS

real property trust and estate

Land Use and Environmental Group

Learn about this Group's past CLE programs and read about their upcoming free Group conference call on June 19 by clicking here.

Legal Education and Uniform Laws Group

For the past two years, a Uniform Law Commission drafting committee has been working on a new uniform act concerning digital assets. Learn more here and read their report to RPTE Council.

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Business Planning Group

With over 500 members, this is one of TE's largest and most active Groups. Learn more about the initiatives this Group has taken on in the past year in this link.

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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 

Conservation Easements: Tax and Real Estate Planning for Landowners and Advisors

David J Dietrich and Christian Dietrich

Historical form documents are often employed when an attorney is negotiating a conservation easement. This decision might not be the attorney's choice but based instead on the land trust's comfort with these established agreements. However, to competently advise clients considering an easement donation or sale, these documents require a deeper understanding of the statutory, regulatory, and common-law principles at play in conservation easement transactions as well as a working knowledge of how to use the available resources in this complex field.

Conservation Easements: Tax and Real Estate Planning for Landowners and Advisors provides attorneys with an additional resource to the area's earlier established texts as well as a growing number of online sources. In particular, this book offers an invaluable collection of tips and techniques learned from the author's decades of conservation easement practice. This book provides attorneys and their clients with an understanding of the broad scope of conservation easement law, appropriate both for practitioners unfamiliar with the complexities of the subject as well as for those with more experience who are looking for specific guidance.

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Purchase this book today!

Regular price: $139.95
RPTE member price: $119.95

 

Downloads  DOWNLOAD

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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.