2013 Author Index

Probate & Property Magazine: Volume 27 No. 06

Bailey, Adam Leitman, and Adam Blander, State Legislators, Insurers, and Courts to Homeowner Associations: We Will Not Insure Intentional Torts, September/October, at 55.

Bailey, Adam Leitman, and Rachel Sigmund, Using the Judicial System to Abate the Foreclosure Crisis, January/February, at 12.

Bekerman,Marc S., Navigating a Non-Tax Estate Planning Maze with Some Tax Considerations, July/August, at 8.

Bernhardt, Roger, and Dale A. Whitman, When Is a Commission Due? Problems with Broker Listing Agreements, January/February, at 30.

Blander, Adam, and Adam Leitman Bailey, State Legislators, Insurers, and Courts to Homeowner Associations: We Will Not Insure Intentional Torts, September/October, at 55.

Borden, Bradley T., and David J. Reiss, Dirt Lawyers and Dirty REMICs, May/June, at 12.

Byer, Jonathan, Nancy E. Delaney, and Michael S. Schwartz, Rachal v. Reitz and the Evolution of the Enforceability of Arbitration Clauses in Estate Planning Documents, November/December, at 12.

Clark, Alfred M., III, Parol Evidence: Are Courts Sliding the Genie Back into the Lamp?, November/December, at 40.

Delaney, Nancy E., Jonathan Byer, and Michael S. Schwartz, Rachal v. Reitz and the Evolution of the Enforceability of Arbitration Clauses in Estate Planning Documents, November/December, at 12.

Duffy, Michael, Using Remainder Purchase Marital Trusts to Transfer Works of Art, May/June, at 60.

Duffy, Michael, Whom Do You Trust with Your Picasso? Planning Considerations for Trusts That Hold Title to Works of Art, September/October, at 60.

Ebner, Daniel, Shutting Down a Fiduciary Who Is Misusing Trust Assets, January/February, at 35.

Edwards, Amanda, and Geoffrey Todd, The Pitfalls of U.S./UK Tax Planning—The U.S. Revocable Trust, March/April, at 60.

Fogel, Bradley E. S., When Babies Retire: Using Trusts as Beneficiaries of IRAs, March/April, at 10.

Freeman, Kati L., and Michael K. Kuhn, Using Letters of Credit for Tenant Credit Enhancement, May/June, at 56.

French, Susan F., Making Easements Is Easy; Remaking Them Is Hard: Should the Law Help Out?, September/October, at 34.

Gorin, Steven B., Lisa M. Rico, and Amber K. Quintal, Get Ready for the 3.8% Tax on Net Investment Income, July/August, at 30.

Green, Shelby D., and JoAnn T. Sandifer, MERS Remains Afloat in a Sea of Foreclosures, July/August, at 18.

Jenkins, Christina, An Indecent Proposal? Using Eminent Domain to Seize Mortgage Loans, July/August, at 60.

Karibjanian, George D., and Lester B. Law, Portability and Prenuptials: A Plethora of Preventative, Progressive, and Precautionary Provisions, May/June, at 36.

Kayan, Marianne R., and Ashley A. Weyenberg, Foreign Trusts: Form 3520 and Form 3520-A—Filing Deadlines and Liability of a Decedent’s Estate, July/August, at 56.

Klein, Sasha A., and Mark R. Parthemer, The Rising Tide of Fiduciary Taxes—And One Capital Gains Strategy to Help Trusts from Getting Swamped, September/October, at 39.

Kuhn, Michael K., and Kati L. Freeman, Using Letters of Credit for Tenant Credit Enhancement, May/June, at 56.

Kulp, Heather Scheiwe, and Jennifer Shack, Foreclosure Dispute Resolution Programs: Do They Work?, November/December, at 22.

Law, Lester B., and George D. Karibjanian, Portability and Prenuptials: A Plethora of Preventative, Progressive, and Precautionary Provisions, May/June, at 36.

Levin, Edward J., The Real Estate Finance Opinion Report of 2012: History and Summary, January/February, at 52.

Lewyn, Michael, The Puzzling Persistence of Horizontal Privity, May/June, at 32.

Llewellyn, Richard E., II, Selecting a Successor Trustee—Why the Usual Suspects May Not Be Your Best Choice, January/February, at 46.

Lucero, Orlando, Public-Private Partnership Projects: Insuring the Lender’s Lien Priority and Ensuring the Contractors Are Paid, July/August, at 52.

McNary, James T., The Wandry Way: A Better Approach to the Disclaimer of Hard-to-Value Assets?, July/August, at 44.

Morris, Laura E., and David L. Skidmore, Before the Party’s Over: The Arguments for and Against Pre-Death Will Contests, March/April, at 50.

Morris, Laura E., and David L.J.M. Skidmore, Whose Privilege Is It, Anyway? The Fiduciary Exception to the Attorney-Client Privilege, September/October, at 20.

Negro, Sorell E., Looking Below the Surface: Planning for Impacts on People, Places, and Property from Natural Gas Development, July/August, at 36.

Negro, Sorell E., Preparing, Adapting, and Rebuilding: Rising Sea Levels Raise New Legal Issues, November/December, at 55.

O’Bryan, Rory, Mortgages: Legislative Preemption of Merger Doctrine, May/June, at 44.

Oshins, Steven J., The Domestic Asset Protection Trust: Combining It with the Double LLC Strategy, January/February, at 22.

Pankauski, John J., When Worlds Collide: The Interplay Between Family Law and Probate Administration, January/February, at 59.

Parthemer, Mark R., Shelf GRATs: Protect Against Rising Rates and Adverse Tax Law Changes, May/June, at 52.

Parthemer, Mark R., and Sasha A. Klein, The Rising Tide of Fiduciary Taxes—And One Capital Gains Strategy to Help Trusts from Getting Swamped, September/October, at 39.

Quintal, Amber K., Steven B. Gorin, and Lisa M. Rico, Get Ready for the 3.8% Tax on Net Investment Income, July/August, at 30.

Reiss, David J., and Bradley T. Borden, Dirt Lawyers and Dirty REMICs, May/June, at 12.

Rico, Lisa M., Estate Planning with Portability in Decoupled States, May/June, at 22.

Rico, Lisa M., Steven B. Gorin, and Amber K. Quintal, Get Ready for the 3.8% Tax on Net Investment Income, July/August, at 30.

Robinson, C. Arthur, II, Economic Development Funds and Taxation: Is There a Means to Tax-free Non-owner Contributions?, January/February, at 39.

Roscher, Webber Barton, Providing for Adult Children with Disabilities in a Traditional Estate Plan: Looking Beyond the Special Needs Trust, November/December, at 36.

Ross, Brandon A.S., Drafting Grantor Trust Powers with an Exit Strategy, March/April, at 34.

Roveillo, Virginie, Don’t Means Don’t! . . . Unless It Doesn’t: Bending the Rules with Equitable Deviation, September/October, at 50.

Sandifer, JoAnn T., and Shelby D. Green, MERS Remains Afloat in a Sea of Foreclosures, July/August, at 18.

Schwartz, Michael S., Nancy E. Delaney, and Jonathan Byer, Rachal v. Reitz and the Evolution of the Enforceability of Arbitration Clauses in Estate Planning Documents, November/December, at 12.

Shack, Jennifer, and Heather Scheiwe Kulp, Foreclosure Dispute Resolution Programs: Do They Work?, November/December, at 22.

Shepherd, Kevin L., Ethically Speaking . . . Just What Are My Obligations Under the Gatekeeper Initiative?, September/October, at 43.

Sigmund, Rachel, and Adam Leitman Bailey, Using the Judicial System to Abate the Foreclosure Crisis, January/February, at 12.

Skidmore, David L., and Laura E. Morris, Before the Party’s Over: The Arguments for and Against Pre-Death Will Contests, March/April, at 50.

Skidmore, David L.J.M., and Laura E. Morris, Whose Privilege Is It, Anyway? The Fiduciary Exception to the Attorney-Client Privilege, September/October, at 20.

Sobelsohn, Richard J., Green Leasing—It’s Not Just About Capital Expenditures, March/April, at 20.

Todd, Geoffrey, and Amanda Edwards, The Pitfalls of U.S./UK Tax Planning—The U.S. Revocable Trust, March/April, at 60.

Vacco, Philip J., Surviving a Short Sale: Guidelines for a Rewarding Short Sale Experience, March/April, at 40.

Walsh, Ryan A., IRC § 2053 Protective Claims for Refund Using New Schedule PC, November/December, at 49.

Weyenberg, Ashley A., and Marianne R. Kayan, Foreign Trusts: Form 3520 and Form 3520-A—Filing Deadlines and Liability of a Decedent’s Estate, July/August, at 56.

Whitman, Dale A., and Roger Bernhardt, When Is a Commission Due? Problems with Broker Listing Agreements, January/February, at 30.

Zacks, Dustin A., The Phantom of the Foreclosure Crisis: Cancellation of Indebtedness Taxation, September/October, at 10.

 

Subject Index

Asset Protection Planning

Duffy, Michael, Using Remainder Purchase Marital Trusts to Transfer Works of Art, May/June, at 60.

Duffy, Michael, Whom Do You Trust with Your Picasso? Planning Considerations for Trusts That Hold Title to Works of Art, September/October, at 60.

Common Interest Ownership Developments

Bailey, Adam Leitman, and Adam Blander, State Legislators, Insurers, and Courts to Homeowner Associations: We Will Not Insure Intentional Torts, September/October, at 55.

Contracts

Clark, Alfred M., III, Parol Evidence: Are Courts Sliding the Genie Back into the Lamp?, November/December, at 40.

Disability Planning

Roscher, Webber Barton, Providing for Adult Children with Disabilities in a Traditional Estate Plan: Looking Beyond the Special Needs Trust, November/December, at 36.

Dispute Resolution

Delaney, Nancy E., Jonathan Byer, and Michael S. Schwartz, Rachal v. Reitz and the Evolution of the Enforceability of Arbitration Clauses in Estate Planning Documents, November/December, at 12.

Kulp, Heather Scheiwe, and Jennifer Shack, Foreclosure Dispute Resolution Programs: Do They Work?, November/December, at 22.

Environment

Sobelsohn, Richard J., Green Leasing—It’s Not Just About Capital Expenditures, March/April, at 20.

Estate and Trust Administration

Pankauski, John J., When Worlds Collide: The Interplay Between Family Law and Probate Administration, January/February, at 59.

Ross, Brandon A.S., Drafting Grantor Trust Powers with an Exit Strategy, March/April, at 34.

Roveillo, Virginie, Don’t Means Don’t! . . . Unless It Doesn’t: Bending the Rules with Equitable Deviation, September/October, at 50.

Estate and Trust Litigation

Skidmore, David L., and Laura E. Morris, Before the Party’s Over: The Arguments for and Against Pre-Death Will Contests, March/April, at 50.

Estate and Trust Planning

Bekerman,Marc S., Navigating a Non-Tax Estate Planning Maze with Some Tax Considerations, July/August, at 8.

Delaney, Nancy E., Jonathan Byer, and Michael S. Schwartz, Rachal v. Reitz and the Evolution of the Enforceability of Arbitration Clauses in Estate Planning Documents, November/December, at 12.

Karibjanian, George D., and Lester B. Law, Portability and Prenuptials: A Plethora of Preventative, Progressive, and Precautionary Provisions, May/June, at 36.

McNary, James T., The Wandry Way: A Better Approach to the Disclaimer of Hard-to-Value Assets?, July/August, at 44.

Rico, Lisa M., Estate Planning with Portability in Decoupled States, May/June, at 22.

Ethics and Law Practice

Shepherd, Kevin L., Ethically Speaking . . . Just What Are My Obligations Under the Gatekeeper Initiative?, September/October, at 43.

Fiduciary Responsibility, Administration, and Litigation

Ebner, Daniel, Shutting Down a Fiduciary Who Is Misusing Trust Assets, January/February, at 35.

Parthemer, Mark R., and Sasha A. Klein, The Rising Tide of Fiduciary Taxes—And One Capital Gains Strategy to Help Trusts from Getting Swamped, September/October, at 39.

Skidmore, David L.J.M., and Laura E. Morris, Whose Privilege Is It, Anyway? The Fiduciary Exception to the Attorney-Client Privilege, September/October, at 20.

Foreclosure

Bailey, Adam Leitman, and Rachel Sigmund, Using the Judicial System to Abate the Foreclosure Crisis, January/February, at 12.

Green, Shelby D., and JoAnn T. Sandifer, MERS Remains Afloat in a Sea of Foreclosures, July/August, at 18.

Kulp, Heather Scheiwe, and Jennifer Shack, Foreclosure Dispute Resolution Programs: Do They Work?, November/December, at 22.

Vacco, Philip J., Surviving a Short Sale: Guidelines for a Rewarding Short Sale Experience, March/April, at 40.

Zacks, Dustin A., The Phantom of the Foreclosure Crisis: Cancellation of Indebtedness Taxation, September/October, at 10.

Governmental Incentives

Lucero, Orlando, Public-Private Partnership Projects: Insuring the Lender’s Lien Priority and Ensuring the Contractors Are Paid, July/August, at 52.

Robinson, C. Arthur, II, Economic Development Funds and Taxation: Is There a Means to Tax-free Non-owner Contributions?, January/February, at 39.

International Tax Planning

Kayan, Marianne R., and Ashley A. Weyenberg, Foreign Trusts: Form 3520 and Form 3520-A—Filing Deadlines and Liability of a Decedent’s Estate, July/August, at 56.

Todd, Geoffrey, and Amanda Edwards, The Pitfalls of U.S./UK Tax Planning—The U.S. Revocable Trust, March/April, at 60.

Insurance

Bailey, Adam Leitman, and Adam Blander, State Legislators, Insurers, and Courts to Homeowner Associations: We Will Not Insure Intentional Torts, September/October, at 55.

Land Use and Zoning

Negro, Sorell E., Looking Below the Surface: Planning for Impacts on People, Places, and Property from Natural Gas Development, July/August, at 36.

Negro, Sorell E., Preparing, Adapting, and Rebuilding: Rising Sea Levels Raise New Legal Issues, November/December, at 55.

Leases

Kuhn, Michael K., and Kati L. Freeman, Using Letters of Credit for Tenant Credit Enhancement, May/June, at 56.

Sobelsohn, Richard J., Green Leasing—It’s Not Just About Capital Expenditures, March/April, at 20.

Mortgage Lending

Jenkins, Christina, An Indecent Proposal? Using Eminent Domain to Seize Mortgage Loans, July/August, at 60.

O’Bryan, Rory, Mortgages: Legislative Preemption of Merger Doctrine, May/June, at 44.

Property Law

French, Susan F., Making Easements Is Easy; Remaking Them Is Hard: Should the Law Help Out?, September/October, at 34.

Jenkins, Christina, An Indecent Proposal? Using Eminent Domain to Seize Mortgage Loans, July/August, at 60.

Lewyn, Michael, The Puzzling Persistence of Horizontal Privity, May/June, at 32.

Real Estate Finance

Kuhn, Michael K., and Kati L. Freeman, Using Letters of Credit for Tenant Credit Enhancement, May/June, at 56.

Levin, Edward J., The Real Estate Finance Opinion Report of 2012: History and Summary, January/February, at 52.

Lucero, Orlando, Public-Private Partnership Projects: Insuring the Lender’s Lien Priority and Ensuring the Contractors Are Paid, July/August, at 52.

Robinson, C. Arthur, II, Economic Development Funds and Taxation: Is There a Means to Tax-free Non-owner Contributions?, January/February, at 39.

Real Estate Investment Funds

Borden, Bradley T., and David J. Reiss, Dirt Lawyers and Dirty REMICs, May/June, at 12.

Real Estate Transactions

Bernhardt, Roger, and Dale A. Whitman, When Is a Commission Due? Problems with Broker Listing Agreements, January/February, at 30.

Clark, Alfred M., III, Parol Evidence: Are Courts Sliding the Genie Back into the Lamp?, November/December, at 40.

Green, Shelby D., and JoAnn T. Sandifer, MERS Remains Afloat in a Sea of Foreclosures, July/August, at 18.

Vacco, Philip J., Surviving a Short Sale: Guidelines for a Rewarding Short Sale Experience, March/April, at 40.

Tax Planning

Gorin, Steven B., Lisa M. Rico, and Amber K. Quintal, Get Ready for the 3.8% Tax on Net Investment Income, July/August, at 30.

Parthemer, Mark R., and Sasha A. Klein, The Rising Tide of Fiduciary Taxes—And One Capital Gains Strategy to Help Trusts from Getting Swamped, September/October, at 39.

Walsh, Ryan A., IRC § 2053 Protective Claims for Refund Using New Schedule PC, November/December, at 49.

Trusts

Duffy, Michael, Using Remainder Purchase Marital Trusts to Transfer Works of Art, May/June, at 60.

Duffy, Michael, Whom Do You Trust with Your Picasso? Planning Considerations for Trusts That Hold Title to Works of Art, September/October, at 60.

Ebner, Daniel, Shutting Down a Fiduciary Who Is Misusing Trust Assets, January/February, at 35.

Fogel, Bradley E. S., When Babies Retire: Using Trusts as Beneficiaries of IRAs, March/April, at 10.

Kayan, Marianne R., and Ashley A. Weyenberg, Foreign Trusts: Form 3520 and Form 3520-A—Filing Deadlines and Liability of a Decedent’s Estate, July/August, at 56.

Llewellyn, Richard E., II, Selecting a Successor Trustee—Why the Usual Suspects May Not Be Your Best Choice, January/February, at 46.

Oshins, Steven J., The Domestic Asset Protection Trust: Combining It with the Double LLC Strategy, January/February, at 22.

Parthemer, Mark R., Shelf GRATs: Protect Against Rising Rates and Adverse Tax Law Changes, May/June, at 52.

Parthemer, Mark R., and Sasha A. Klein, The Rising Tide of Fiduciary Taxes—And One Capital Gains Strategy to Help Trusts from Getting Swamped, September/October, at 39.

Ross, Brandon A. S., Drafting Grantor Trust Powers with an Exit Strategy, March/April, at 34.

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