Keeping CurrentAbrams, Karen E., “Memorandum of Lease” Clause: More Than Just Boilerplate , November/December, at 58.

Probate & Property Magazine, November/December 2009, Volume 23, Number 6

Issue Index | Author Index

Atnally, Edward V., Estate Planning and Retirement Benefits—An Approach Toward Simplification, Part 1 , July/August, at 22.

Atnally, Edward V., Estate Planning and Retirement Benefits—An Approach Toward Simplification, Part 2 , September/October, at 56.

Bannen, John T., and Kristin A. Occhetti, Health Savings Accounts: The New Asset on the Estate Planners’ Checklist , November/December, at 30.

Bekerman, Marc S., What Portability Means to Trust and Estate Professionals , September/October, at 39.

Bernhardt, Brian C., Tax Return Preparer Penalties: The New Rules of Code § 6694, Part 1 , July/August, at 62.

Bernhardt, Brian C., Tax Return Preparer Penalties: The New Rules of Code § 6694, Part 2 , September/October, at 22.

Betesh, Marc E., and Nancy M. Davids, Negotiating Common Area Maintenance Costs , May/June, at 40.

Black, Marian L., and Janet L. Bozeman, Practical Issues in Planning for Age-Restricted Housing Under the Housing for Older Persons Act (HOPA) , January/February, at 34.

Bozeman , Janet L., and Marian L. Black, Practical Issues in Planning for Age-Restricted Housing Under the Housing for Older Persons Act (HOPA) , January/February, at 34.

Cadwallader, John I., and James B. Jordan, The ABC’s of Redeveloping Existing Shopping Centers , September/October, at 48.

Cantrell, Carol A., and Steven B. Gorin, UPIA Amendment Clarifies Tax Allocation Between Income and Principal When Mandatory Income Trust Owns Pass-through Entity , January/February, at 24.

Capitelli, Andrew R., and Marie A. Moore, Landlord Lease Remedies: What Are a Landlord’s Default Rights and What Can It Recover? , November/December, at 16.

Casteel, Stephanie B., Philanthropy and Choice of Grant-making Entity in a Changing World , March/April, at 52.

Coppedge, Bradley R., Transfers to Trust and Use of UTMA Custodial Accounts , May/June, at 34.

Culp, William R., Christopher E. Hannum, and Christian L. Perrin, Banking on Appreciation: The Application of Securities Laws to “Landbanking” Transactions , May/June, at 55.

Davids, Nancy M., and Marc E. Betesh, Negotiating Common Area Maintenance Costs , May/June, at 40.

Enendu, Obianuju A., and Joshua Stein, The Language of Commercial Real Estate Finance , March/April, at 59.

Facey, Marcia E., Real Estate Opportunity Funds: A Unique Vehicle for Overseas Investment , May/June, at 32.

Fitzsimons, Dana G., Jr ., Navigating the Trustee’s Duty to Disclose , January/February, at 40.

Folberg, Jay, Mediating Family Property and Estate Conflicts: Keeping the Peace and Preserving Family Wealth , November/December, at 8.

Forsberg, William S., Asset Protection and the Limited Liability Company: Not the Panacea of Creditor Protection That You Might Think! , November/December, at 39.

Forsberg, William S., The Family Vacation Home: Keeping It in the Family Is Hard to Do—It’s More About Cooperation Than Planning! , March/April, at 41.

Gorin, Steven B., Principal and Income Act Amendment Saves the Marital Deduction for Retirement Plans , March/April, at 12.

Gorin, Steven B., and Carol A. Cantrell, UPIA Amendment Clarifies Tax Allocation Between Income and Principal When Mandatory Income Trust Owns Pass-through Entity , January/February, at 24.

Grassi, Sebastian V., Jr., Estate Planning for a Family with a Special Needs Child , July/August, at 14.

Grassi, Sebastian V., Jr., and Nancy H. Welber, Estate Planning with Retirement Benefits for a Special Needs Child: Part 1—Understanding Retirement Plan Distribution Rules , July/August, at 28.

Grassi, Sebastian V., Jr., and Nancy H. Welber, Estate Planning with Retirement Benefits for a Special Needs Child: Part 2—Trusts as Beneficiaries of Retirement Plan Benefits , September/October, at 60.

Hammond , Celeste M., and Craig M. Post, The Use of Real Estate Auctions in Commercial Short Sales , March/April, at 47.

Hanley, John W., Jr., More Important Than Ever: The Real Estate Joint Venture , September/October, at 12.

Hannum, Christopher E., William R. Culp, and Christian L. Perrin, Banking on Appreciation: The Application of Securities Laws to “Landbanking” Transactions , May/June, at 55.

Harper, Robert M., The Probate Exception to Federal Jurisdiction , January/February, at 60.

Hawk, Heath A., and Susan L. McGreevy, What Have We Done to the Lien Waiver? Way Too Much , January/February, at 53.

Johnson, Kimberly Leach, and Amalia Levit Todryk, Planning for the Payment of Estate Taxes for Illiquid Estates Owning Real Estate—The Section 6166 Deferral , March/April, at 32.

Jordan, James B., and John I. Cadwallader, The ABC’s of Redeveloping Existing Shopping Centers , September/October, at 48.

Law, Kathleen K., Wind Power: Developing Real Property for a Wind Project , July/August, at 57.

Linquanti, Richard C., A Brief Survey of Continuing Issues with the Interstate Land Sales Full Disclosure Act: Will the Fat Lady Never Sing? , November/December, at 46.

Machlis, Benjamin, and Nancy A. McLaughlin, Amending and Terminating Perpetual Conservation Easements , July/August, at 52.

McCullough, Scott M., The Spousal Access Irrevocable Life Insurance Trust Funded with a Second-to-Die Policy , May/June, at 61.

McGreevy, Susan L., and Heath A. Hawk, What Have We Done to the Lien Waiver? Way Too Much , January/February, at 53.

McLaughlin, Nancy A., and Benjamin Machlis, Amending and Terminating Perpetual Conservation Easements , July/August, at 52.

Moore, Marie A., and Andrew R. Capitelli, Landlord Lease Remedies: What Are a Landlord’s Default Rights and What Can It Recover? , November/December, at 16.

Nixon, Christopher T., and Susan C. Tarnower, Practical Tips for Negotiating Material Adverse Change (MAC) Clauses in Commercial Real Estate Loans , March/April, at 20.

Occhetti, Kristin A., and John T. Bannen, Health Savings Accounts: The New Asset on the Estate Planners’ Checklist , November/December, at 30.

Parker, Kevin J., Trustee Defenses: Statute of Limitations, Laches, Self-Executing Accounting Release Provisions, and Exculpatory Clauses , November/December, at 53.

Patterson, Crystal M., Banning Benefits for Bad Behavior: Unraveling the Illegal Act Exclusion , May/June, at 46.

Perrin, Christian L., William R. Culp, and Christopher E. Hannum, Banking on Appreciation: The Application of Securities Laws to “Landbanking” Transactions , May/June, at 55.

Post, Craig M., and Celeste M. Hammond, The Use of Real Estate Auctions in Commercial Short Sales , March/April, at 47.

Powell, Norman M., Delaware Alternative Entities—The Benefits and Burdens of Contractual Flexibility , January/February, at 10.

Pridemore, Meghan E. B., Tides, Torrens, and Family Trees—Heirs Property Preservation Challenges , May/June, at 24.

Rapkin, Eric D., and Andrew J. Wamsley, Walk the Line: MJP, UPL, and Commercial Leasing Lawyers , November/December, at 35.

Richards, David Alan, Sovereign Wealth Funds and U.S. Real Estate Investment , July/August, at 38.

Spore, Richard R., III, Management and Governance of Real Estate Joint Ventures: Avoiding Surprises and Resolving Conflict in Tough Times , September/October, at 33.

Stein, Joshua, and Obianuju A. Enendu, The Language of Commercial Real Estate Finance , March/April, at 59.

Tarnower, Susan C., and Christopher T. Nixon, Practical Tips for Negotiating Material Adverse Change (MAC) Clauses in Commercial Real Estate Loans , March/April, at 20.

Todryk, Amalia Levit, and Kimberly Leach Johnson, Planning for the Payment of Estate Taxes for Illiquid Estates Owning Real Estate—The Section 6166 Deferral , March/April, at 32.

Vivian, Emily R., Tax Law Changes Under the Housing Assistance Tax Act of 2008 , March/April, at 38.

Wamsley, Andrew J., and Eric D. Rapkin, Walk the Line: MJP, UPL, and Commercial Leasing Lawyers , November/December, at 35.

Welber, Nancy H., and Sebastian V. Grassi Jr., Estate Planning with Retirement Benefits for a Special Needs Child: Part 1—Understanding Retirement Plan Distribution Rules , July/August, at 28.

Welber, Nancy H., and Sebastian V. Grassi Jr., Estate Planning with Retirement Benefits for a Special Needs Child: Part 2—Trusts as Beneficiaries of Retirement Plan Benefits , September/October, at 60.

Zerman, Michael J., Don’t Wing It! Practical Safeguards for Effective Mortgage Modifications , May/June, at 12.

 

Subject Index

Asset Protection Planning

Forsberg, William S., Asset Protection and the Limited Liability Company: Not the Panacea of Creditor Protection That You Might Think! , November/December, at 39.

Business Investment Entities

Hanley, John W., Jr., More Important Than Ever: The Real Estate Joint Venture , September/ October, at 12.

Powell, Norman M., Delaware Alternative Entities—The Benefits and Burdens of Contractual Flexibility , January/February, at 10.

Spore, Richard R., III, Management and Governance of Real Estate Joint Ventures: Avoiding Surprises and Resolving Conflict in Tough Times , September/October, at 33.

Charitable Planning and Exempt Organizations

Casteel, Stephanie B., Philanthropy and Choice of Grant-making Entity in a Changing World , March/April, at 52.

McLaughlin, Nancy A., and Benjamin Machlis, Amending and Terminating Perpetual Conservation Easements , July/August, at 52.

Design and Construction

Cadwallader, John I., and James B. Jordan, The ABC’s of Redeveloping Existing Shopping Centers , September/October, at 48.

Law, Kathleen K., Wind Power: Developing Real Property for a Wind Project , July/August, at 57.

McGreevy, Susan L., and Heath A. Hawk, What Have We Done to the Lien Waiver? Way Too Much , January/February, at 53.

Easements, Restrictions, and Covenants

McLaughlin, Nancy A., and Benjamin Machlis, Amending and Terminating Perpetual Conservation Easements , July/August, at 52.

Emotional and Psychological Issues in Estate Planning

Folberg, Jay, Mediating Family Property and Estate Conflicts: Keeping the Peace and Preserving Family Wealth , November/December, at 8.

Forsberg, William S., The Family Vacation Home: Keeping It in the Family Is Hard to Do—It’s More About Cooperation Than Planning! , March/April, at 41.

Pridemore, Meghan E. B., Tides, Torrens, and Family Trees—Heirs Property Preservation Challenges , May/June, at 24.

Employee Benefit Plans

Atnally, Edward V., Estate Planning and Retirement Benefits—An Approach Toward Simplification, Part 1 , July/August, at 22.

Atnally, Edward V., Estate Planning and Retirement Benefits—An Approach Toward Simplification, Part 2 , September/October, at 56.

Gorin, Steven B., Principal and Income Act Amendment Saves the Marital Deduction for Retirement Plans , March/April, at 12.

Grassi, Sebastian V., Jr., and Nancy H. Welber, Estate Planning with Retirement Benefits for a Special Needs Child: Part 1—Understanding Retirement Plan Distribution Rules , July/ August, at 28.

Grassi, Sebastian V., Jr., and Nancy H. Welber, Estate Planning with Retirement Benefits for a Special Needs Child: Part 2—Trusts as Beneficiaries of Retirement Plan Benefits , September/October, at 60.

Patterson, Crystal M., Banning Benefits for Bad Behavior: Unraveling the Illegal Act Exclusion , May/June, at 46.

Environment

Law, Kathleen K., Wind Power: Developing Real Property for a Wind Project , July/August, at 57.

Estate and Gift Tax

Bekerman, Marc S., What Portability Means to Trust and Estate Professionals , September/October, at 39.

Gorin, Steven B., and Carol A. Cantrell, UPIA Amendment Clarifies Tax Allocation Between Income and Principal When Mandatory Income Trust Owns Pass-through Entity , January/February, at 24.

Johnson, Kimberly Leach, and Amalia Levit Todryk, Planning for the Payment of Estate Taxes for Illiquid Estates Owning Real Estate—The Section 6166 Deferral , March/April, at 32.

Estate and Trust Planning

Atnally, Edward V., Estate Planning and Retirement Benefits—An Approach Toward Simplification, Part 1 , July/August, at 22.

Atnally, Edward V., Estate Planning and Retirement Benefits—An Approach Toward Simplification, Part 2 , September/October, at 56.

Bannen, John T., and Kristin A. Occhetti, Health Savings Accounts: The New Asset on the Estate Planners’ Checklist , November/December, at 30.

Grassi, Sebastian V., Jr., Estate Planning for a Family with a Special Needs Child , July/August, at 14.

Grassi, Sebastian V., Jr., and Nancy H. Welber, Estate Planning with Retirement Benefits for a Special Needs Child: Part 1—Understanding Retirement Plan Distribution Rules , July/ August, at 28.

Grassi, Sebastian V., Jr., and Nancy H. Welber, Estate Planning with Retirement Benefits for a Special Needs Child: Part 2—Trusts as Beneficiaries of Retirement Plan Benefits , September/October, at 60.

Johnson, Kimberly Leach, and Amalia Levit Todryk, Planning for the Payment of Estate Taxes for Illiquid Estates Owning Real Estate—The Section 6166 Deferral , March/April, at 32.

Ethics and Law Practice

Bernhardt, Brian C., Tax Return Preparer Penalties: The New Rules of Code § 6694, Part 1 , July/August, at 62.

Bernhardt, Brian C., Tax Return Preparer Penalties: The New Rules of Code § 6694, Part 2 , September/October, at 22.

Rapkin, Eric D., and Andrew J. Wamsley, Walk the Line: MJP, UPL, and Commercial Leasing Lawyers , November/December, at 35.

Federal Taxation of Real Estate

Vivian, Emily R., Tax Law Changes Under the Housing Assistance Tax Act of 2008 , March/April, at 38.

Heirs Property Preservation

Pridemore, Meghan E. B., Tides, Torrens, and Family Trees—Heirs Property Preservation Challenges , May/June, at 24.

International Investment in Real Estate

Facey, Marcia E., Real Estate Opportunity Funds: A Unique Vehicle for Overseas Investment , May/June, at 32.

Richards, David Alan, Sovereign Wealth Funds and U.S. Real Estate Investment , July/August, at 38.

Insurance and Financial Planning

Bannen, John T., and Kristin A. Occhetti, Health Savings Accounts: The New Asset on the Estate Planners’ Checklist , November/December, at 30.

McCullough, Scott M., The Spousal Access Irrevocable Life Insurance Trust Funded with a Second-to-Die Policy , May/June, at 61.

Patterson, Crystal M., Banning Benefits for Bad Behavior: Unraveling the Illegal Act Exclusion , May/June, at 46.

Leases

Abrams, Karen E., “Memorandum of Lease” Clause: More Than Just Boilerplate , November/December, at 58.

Betesh, Marc E., and Nancy M. Davids, Negotiating Common Area Maintenance Costs , May/June, at 40.

Moore, Marie A., and Andrew R. Capitelli, Landlord Lease Remedies: What Are a Landlord’s

Default Rights and What Can It Recover? , November/December, at 16.

Rapkin, Eric D., and Andrew J. Wamsley, Walk the Line: MJP, UPL, and Commercial Leasing Lawyers , November/December, at 35.

Long Term Care, Medicaid, and Special Needs Trusts

Grassi, Sebastian V., Jr., Estate Planning for a Family with a Special Needs Child , July/August, at 14.

Grassi, Sebastian V., Jr., and Nancy H. Welber, Estate Planning with Retirement Benefits for a Special Needs Child: Part 1—Understanding Retirement Plan Distribution Rules , July/ August, at 28.

Grassi, Sebastian V., Jr., and Nancy H. Welber, Estate Planning with Retirement Benefits for a Special Needs Child: Part 2—Trusts as Beneficiaries of Retirement Plan Benefits , September/October, at 60.

Mortgage Lending

Nixon, Christopher T., and Susan C. Tarnower, Practical Tips for Negotiating Material Adverse Change (MAC) Clauses in Commercial Real Estate Loans , March/April, at 20.

Stein, Joshua, and Obianuju A. Enendu, The Language of Commercial Real Estate Finance , March/April, at 59.

Zerman, Michael J., Don’t Wing It! Practical Safeguards for Effective Mortgage Modifications , May/June, at 12.

Probate and Fiduciary Litigation

Harper, Robert M., The Probate Exception to Federal Jurisdiction , January/February, at 60.

Parker, Kevin J., Trustee Defenses: Statute of Limitations, Laches, Self-Executing Accounting Release Provisions, and Exculpatory Clauses , November/December, at 53.

Real Estate Development

Black, Marian L., and Janet L. Bozeman, Practical Issues in Planning for Age-Restricted Housing Under the Housing for Older Persons Act (HOPA) , January/February, at 34.

Cadwallader, John I., and James B. Jordan, The ABC’s of Redeveloping Existing Shopping Centers , September/October, at 48.

Law, Kathleen K., Wind Power: Developing Real Property for a Wind Project , July/August, at 57.

Linquanti, Richard C., A Brief Survey of Continuing Issues with the Interstate Land Sales Full Disclosure Act: Will the Fat Lady Never Sing? , November/December, at 46.

Real Estate Finance

Nixon, Christopher T., and Susan C. Tarnower, Practical Tips for Negotiating Material Adverse Change (MAC) Clauses in Commercial Real Estate Loans , March/April, at 20.

Stein, Joshua, and Obianuju A. Enendu, The Language of Commercial Real Estate Finance , March/April, at 59.

Real Estate Purchase and Sale

Hammond, Celeste M., and Craig M. Post, The Use of Real Estate Auctions in Commercial Short Sales , March/April, at 47.

Linquanti, Richard C., A Brief Survey of Continuing Issues with the Interstate Land Sales Full Disclosure Act: Will the Fat Lady Never Sing? , November/December, at 46.

Pridemore, Meghan E. B., Tides, Torrens, and Family Trees—Heirs Property Preservation Challenges , May/June, at 24.

Securities Law and Special Financing Techniques

Culp, William R., Christopher E. Hannum, and Christian L. Perrin, Banking on Appreciation: The Application of Securities Laws to “Landbanking” Transactions , May/June, at 55.

Senior Housing and Assisted Living

Black, Marian L., and Janet L. Bozeman, Practical Issues in Planning for Age-Restricted Housing Under the Housing for Older Persons Act (HOPA) , January/February, at 34.

Trusts

Gorin, Steven B., and Carol A. Cantrell, UPIA Amendment Clarifies Tax Allocation Between Income and Principal When Mandatory Income Trust Owns Pass-through Entity , January/February, at 24.

Coppedge, Bradley R., Transfers to Trust and Use of UTMA Custodial Accounts, May/June, at 34.

Fitzsimons, Dana G., Jr ., Navigating the Trustee’s Duty to Disclose , January/February, at 40.

Parker, Kevin J., Trustee Defenses: Statute of Limitations, Laches, Self-Executing Accounting Release Provisions, and Exculpatory Clauses , November/December, at 53.

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