RPTE eReport logo

  • A Bi-Monthly Electronic Publication for Section Members
  • October 2008

Section News

Group and Committee Conference Call Schedule Now Posted on the RPTE Home Page
Do you want to know when your group or committee is having its next conference call? The schedule is now posted on the RPTE Section home page. If you are a group or committee chair or vice-chair and would like to promote your conference calls to the Section, email Bunny Lee at Bunny.Lee@americanbar.org.

Joint Fall CLE Meeting in San Francisco a Success
If you were not able to attend the Joint Fall CLE Meeting or would like a recap of the CLE materials from it, the materials are now available online. To view the materials, click here. To find out more about the Joint Fall CLE Meeting, click here.

RPTE Hosts Commercial Lending CLE Program
The CLE program "Can the Federal Bailout Catch a Falling Star?" was held in Atlanta on October 7, 2008. For a summary of the program, click here .

Equal Access to Justice for Person with Disabilities and the Elderly
Mark Your Calendars for the "Providing Persons with Disabilities and the Elderly with Equal Access to Justice" CLE program, December 5, 2008. Click here for more details

Real Property NewsTrust and Estate News

trust and estate

Trust and Estate News


Advance Care Directives: Florida, Italy and the Holy Grail of Wishes
Donald Carroll and Christine Marciasini

Bianca Gross v. Commissioner
Steve Akers

Annual Exclusion for Gifts, and Internal Revenue Code § 2032A and § 2523 Adjustments Made
Jim Roberts

Certiorari in Jelke Denied: Simplicity in Valuation
Jim Roberts

The Uniform Principal and Income Act -- NCCUSL has amended Sections 409 and 505 of UPIA. The Section 409 amendment intends to satisfy the Rev. Rul 2006-26 marital deduction safe harbor for IRAs and defined contribution retirement plan accounts payable to marital deduction trusts. The Section 505 amendment clarifies the use of tax distributions from partnerships to mandatory income trusts to ensure that the trustee can pay the trust's income tax. The full text of the amendments is here and the full UPIA, as amended, is available here. See also, the Uniform Acts Committee website.


real property

Real Property News

We're Not in Kansas Anymore: "Nomenclature Does Not Matter When the Mortgagee is a Mere "Nominee"
Kathleen Kraft
Kathleen Kraft reviews the district court decision in Landmark National Bank v. Kesler, where a second mortgagee and MERS sought to set aside a foreclosure by the first mortgagee on the grounds that the first mortgagee failed to name MERS as a party defendant.

Looking Down the Road: Estoppels, SDNAs, and other Lease Provisions That Can Make or Break a Sale
Scott W. Dibbs
This article, which is reprinted from Probate & Property, covers key issues in negotiating estoppel letters, SNDAs and other critical lease provisions.  The article also includes form documents, redlined to reflect what might happen in a real negotiation, which did not appear in the original Probate & Property article.


Join a Committee Today!

RPTE members can join a group or committee (or several) online at www.abanet.org/rpte/join. For questions regarding membership, contact the Section at (312)988-5651 or email Bunny Lee at Bunny.Lee@americanbar.org.


Would you like to write an
article for the eReport?

If you have something to say, and would like your article considered for the eReport, simply email Susan Talley, Editor, at stalley@stonepigman.com for further details.

Technology and Law Practice Management

Social Networking Sites
David J. Bilinsky

Social networking sites are no longer just for teenagers. David Bilinsky reviews several social networking sites and offers tips on how lawyers may use them in their practices.

CLE Spotlight

tRust and estatE CLe
The Educated Use of 529 Accounts: Opportunities, Risks, and Complexities
(with Susan T. Bart and Christopher E. Houston)
Date: Tuesday November 11, 2008
Time: 12:00 p.m. to 1:30 p.m. Central

real property cle
Danger, Will Robinson: Introduction to Securitized Lending
(with William G. Rothschild and Michelle A. Valteau)
Date: Thursday, November 6, 2008
Time: 12:00 p.m. to 2:00 pm Central

Group & Committee News

Trust and Estate
Elder Law, Disability Planning and Bioethics Group
The RPTE Section and the American Bar Association Commission on Law and Aging are pleased to announce the 2009 ABA Enterprise Fund Emeritus Attorney Pro Bono Indigent Guardianship Project. Click here for more information.

real property
Hospitality, Timesharing and Common Interest Development Group
On October 6, the Hospitality Group conducted its first Hot Topics conference call of the new bar year on the topic “Interstate Land Sales Train Wreck”.  Group Vice-Chair Rob Freedman brought the participants up to date on some of the latest cases involving the Interstate Land Sales Act (ILSA) and its impact on common interest developments. Find out more here.   

Partnerships and Limited Liability Companies Committee
The Delaware Court of Chancery recently issued its decision in  R&R Capital, LLC v. Buck & Doe Run Valley Farms, LLC, CA No. 3803-CC (Del. Ch. August 19, 2008), enforcing a waiver, contained in a limited liability company agreement, of a member’s right to petition for judicial dissolution and for appointment of a receiver.  Learn more about the decision here.

Young Lawyers

Get Published in Your Field
A great benefit to being a member of the Young Lawyers Network is the chance to be published and gain visibility in your field. You could be chosen to write a column for the RPTE Section's flagship magazine, Probate & Property or the eReport. Click here for more information.

Law Students

Work-A-Day 2008
“Veterans’ Advocacy: Serving Those Who Have Served Us”. This annual public service project brings together law students and law schools for a one-day public service project. For more details, click here.

Practical Guide to Commercial Real Estate Transactions, Second Edition

New Book from RPTE

Practical Guide to Commercial Real Estate Transactions, Second Edition
Gregory M. Stein, Morton P. Fisher Jr. and Marjorie P. Fisher

For proven guidance and practical tips on handling a commercial real estate deal, turn to the newly revised and expanded edition of A Practical Guide to Commercial Real Estate Transactions. Logically organized to help you effectively negotiate and close the deal, this clearly written manual follows all of the steps of a transaction in the order in which they generally arise and offers the reader pertinent advice, practice comments, techniques, and sample forms. Several new form documents have been added to this edition and numerous text sections have been revised or added to address recent changes in law and practice. An accompanying CD-ROM contains forms and appendices. Click here to learn more...

- PDF version - print the whole issue
- PDF of Trust and Estate articles only
- PDF of Real Property articles only

About RPTE eReport

The RPTE eREPORT is the bi-monthly electronic publication of the Real Property, Trust and Estate Law Section. It includes practical information for lawyers working in the real property and estate planning fields, together with news on Section activities and upcoming events. RPTE eREPORT also provides resources for young lawyers and law students to succeed in the practice of law. For further information on RPTE eREPORT or to submit an article for publication, please contact: Susan Talley (Editor) at stalley@stonepigman.com; Cheryl Kelly (Real Property Editor) at CKELLY@thompsoncoburn.com; Robert Steele (Trust and Estate Editor) at steele@whafh.com; or Michael Goler (Managing Editor Emeritus) at Goler@MillerGolerFaeges.com. We welcome your suggestions and submissions.

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 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 RPTE eREPORT are solely responsible for the content of their submissions, including the accuracy of citations to legal resource materials.




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