Section News

Probate & Property Magazine: Volume 28 No. 01

Section of Real Property, Trust and Estate Law Section News

Notice of Special Meeting of Members of the Real Property, Trust and Estate Law Section

In accordance with Section 3.2 of the Section’s Bylaws, the Executive Committee of the Section has called a Special Meeting of the Members of the Section to be held on Saturday, May 3, 2014, at 1:00 p.m., at the Ritz Carlton Chicago (A Four Seasons Hotel). The address of the hotel is 160 East Pearson Street at Water Tower Place, Chicago, IL 60611. Members may also participate by telephone. Specific room information and call-in information will be posted on the Section’s web site before the meeting.

The purpose of the Special Meeting is to consider three amendments to the Section’s Bylaws. These proposed Bylaw amendments were approved by the Section’s Council at a duly called meeting held in New Orleans, Louisiana, on November 10, 2013, and the Executive Committee was directed to present these proposed Bylaw amendments for consideration and vote by the Section’s Members in accordance with Article 13 of the Section’s Bylaws.

1. First Proposed Amendment. Amend Section 2.3 of the Bylaws to read as follows:

§ 2.3 MEMBERSHIP AND TERMINATION. Members of the Association who are enrolled in the Section and whose Section dues are not delinquent shall constitute the membership of the Section. A person whose dues are delinquent by a period set by the Board of Governors shall cease to be a member of the Section.

The purpose of this amendment is to conform the Section’s Bylaws to the ABA’s adoption of new policies concerning the payment of ABA dues. The ABA’s Board of Governors has moved the drop date for nonpayment of dues from February 28 to September 30. The action of the Board included a transition period of two years, so that the new drop date of September 30 will be fully implemented by 2015. Our current Section Bylaws include a reference to a six-month delinquency period, so it is therefore necessary to amend the Section Bylaws to conform to this change.

2. Second Proposed Amendment. Amend portions of Section 9.1 of the Bylaws to read as follows:

§ 9.1 STANDING COMMITTEES. The Section shall have the following standing committees, and the chairs, vice-chairs, and membership shall be appointed by the Chair-Elect to serve during the ensuing year following the next annual meeting or until their successors are appointed: Communications, Community Outreach, Continuing Legal Education, Corporate Sponsorship, Diversity, Groups and Substantive Committees, Membership, Nominations, Planning, Publications, Trust and Estate Division Governmental Submissions, Real Property Division Governmental Submissions, and such other committees and task forces as authorized by Council. To the extent that the Committee serves both divisions of the Section, a co-chair and vice-chair from each division shall be appointed, and the membership shall include a more or less equal number of representatives from each division. Each council member shall serve on at least one standing committee.

§ 9.1(k) TRUST AND ESTATE DIVISION GOVERNMENTAL SUBMISSIONS. The Standing Committee on Trust and Estate Governmental Submissions shall consist of one chair or two co-chairs, and possibly one or more vice-chairs, and such other members as the Chair-Elect shall appoint after consulting with the Vice-Chair of the Trust and Estate Division. The Committee shall initiate and review submissions to governmental bodies with respect to proposed legislation, regulation projects, and other matters affecting estate planning and estate administration, with the view to improving the law and ensuring the highest quality and balanced approach.

§ 9.1(l) REAL PROPERTY DIVISION GOVERNMENTAL SUBMISSIONS. The Standing Committee on Real Property Governmental Submissions shall consist of one chair or two co-chairs, and possibly one or more vice-chairs, and such other members as the Chair-Elect shall appoint after consulting with the Vice-Chair of the Real Property Division. The Committee shall initiate and review submissions to governmental bodies with respect to proposed legislation, regulation projects, and other matters affecting real property, with the view to improving the law and ensuring the highest quality and balanced approach.

The purpose of the amendments to Sections 9.1 and 9.1(l) is to create a new Section standing committee on governmental submissions for the Section’s Real Property Division. The Section has long had a standing committee on governmental submissions for the Section’s Trust and Estate Division. The Section believes that a separate standing committee to address real property governmental submissions is appropriate. The purpose of the amendment to Section 9.1(k) is to correct a minor typographical error.

3. Third Proposed Amendment. Amend Section 3.1 of the Bylaws to read as follows:

§ 3.1 ANNUAL MEETING. The annual meeting of the Section shall be held in conjunction with the annual meeting of the Association, at specific times and places to be designated by the Executive Committee or such other time and place as designated by the Council. The meeting may be conducted through the use of a conference telephone or interactive technology, including but not limited to electronic transmission, Internet usage, or remote communication, by means of which all persons participating in the meeting can communicate with each other. Participation in such meeting shall constitute attendance and presence in person at the meeting of the person or persons so participating.

The purpose of this proposed Bylaw change is to confirm that the Section does not have to hold a live in-person Annual Meeting. This proposed Bylaw amendment would clarify any potential ambiguity as to whether the Section must hold its Annual Meeting as a live in-person meeting. The Section believes that an affirmative statement recognizing the Section’s authority to set the format of its meeting is appropriate.

Questions about this Special Meeting of the Members or about the proposed Bylaw amendments should be directed to the Section’s Secretary:

Orlando Lucero
Stewart Title Guaranty Company

 

2014 Fundamentals of Commercial Real Estate Leasing eCLE Program

The 2014 Fundamentals of Commercial Real Estate Leasing Program focuses on leasing issues as they relate to title insurance, legal opinions, financing, and operating agreements. This series features five 90-minute sessions of continuing legal education programming specifically designed for attorneys who are new to the field of Real Estate Law. Attendees can register for the entire series or individual sessions.

Session 1: The Next Steps in Title Insurance for Real Estate Lawyers—January 29

Session 2: Commercial Real Estate Leasing—February 26

Session 3: Fundamentals of Legal Opinions—March 19

Session 4: The Next Steps in Financing for Real Estate

Lawyers—April 23

Session 5: Operating Agreements for Real Estate Law-

yers—May 28

Who Should Attend:

Young or new lawyers, legal educators, paralegals, and others who want to expand their knowledge of Real Estate Law.

For more information, visit ambar.org/RPTEfundamentals.

 

2014 Paralegal eLearning Program: ‘Til Death Do We Part— Estate Planning During Client’s Lifetime

Attendees of the Paralegal eLearning Program will learn substantive legal and ethics issues—as well as best practices—from leading industry professionals with in-depth knowledge and hands-on experience in Trust & Estate Law. The program offers ten 60-minute eLearning sessions, and attendees can register for the entire series or individual sessions.

Session 1: Introduction to Estate Planning—January 30

Session 2: Drafting Documents—February 13

Session 3: Key Provisions in Wills and Revocable Trusts I— February 27

Session 4: Key Provisions in Wills and Revocable Trusts II— March 13

Session 5: Powers of Attorney—April 24

Session 6: Witnessing Documents—May 22

Session 7: Best Practices and Ethical Issues in Estate Planning—June 12

Session 8: Family Law/Elder Law Overlap—July 10

Session 9: Life Insurance and 401(k)s—July 31

Session 10: Immediate Pre-Mortem Planning—August 14

Who Should Attend:

Paralegals, legal assistants and support staff, young or new lawyers, legal educators, students, and others who want to expand their practical comprehension of Trust & Estate Law.

For more information, visit ambar.org/RPTEparalegal.

And the Winners Are...

The editors of Probate & Property are pleased to announce the winners of the magazine’s 2013 Excellence in Writing Awards:

BEST PRACTICAL USE ARTICLES

Real Property

Surviving a Short Sale: Guidelines for a Rewarding Short Sale Experience By Philip J. Vacco (March/April)

Trust & Estate

When Babies Retire: Using Trusts as Beneficiaries of IRAs

By Bradley E. S. Fogel (March/April)

BEST CUTTING EDGE ARTICLES

Real Property

Looking Below the Surface:

Planning for Impacts on People, Places, and Property from Natural Gas Development

By Sorell E. Negro (July/August)

Trust & Estate

Get Ready for the 3.8% Tax on Net Investment Income

By Steven B. Gorin, Lisa M. Rico, and Amber K. Quintal (July/August)

BEST OVERALL ARTICLES

Real Property

MERS Remains Afloat in a Sea of Foreclosures

By Shelby D. Green and JoAnn Sandifer (July/August)

Trust & Estate

Foreign Trusts: Form 3520 and Form 3520-A—

Filing Deadlines and Liability of a Decedent’s Estate

By Marianne R. Kayan and Ashley Weyenberg (July/August)

BEST TECHNOLOGY/LAW PRACTICE MANAGEMENT ARTICLE

Ethically Speaking . . .

Just What Are My Obligations Under the Gatekeeper Initiative?

By Kevin L. Shepherd (September/October)

DON’T FORGET . . .

All articles published in Probate & Property during the current year will be eligible for the 2014 Excellence in Writing Awards. Any author interested in submitting an article should contact either Tom Featherston or Brent Shaffer at the addresses listed on page 3. The magazine’s “Memorandum for Authors” is on the inside back cover of this issue.

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Memorandum for Authors

(Last Updated January 2014 - PDF)


Frequently Asked Questions By Prospective Authors

 


Reprint Permission Policies

The Section's Executive Committee approved these updated policies in November 2011.