RPTE eReport logo

  •   A Bi-Monthly Electronic Publication for Section Members
  • February 2009

Section News

Be sure to join us for the 20th Annual Spring Symposia in Washington D.C., from April 30-May 1. For more information, click here.

The RPTE Section's Community Outreach Program (COP) in Chicago is underway. This 12-week program started February 11 and is open to members of all minority bar associations.

Participate in Section groups and committees for opportunities to work on legislative issues, collaborate with your colleagues across the country and participate in free conference calls. Click here for more.

Join us in New York City for the Skills Training for Estate Planners CLE Program, July 13-17. This very popular program sells out quickly, so early registration is advised. To view the brochure, click here.

Trust and Estate NewsReal Property News

trust and estate

Trust and Estate News

New Year Brings Changes in Estate Tax and Generation-Skipping Transfer Tax
Richard S. Franklin

Pending Legislation To Change The Federal Transfer Taxes
James V. Roberts

Determining the Income Tax Basis of Property Gratuitously Transferred to Grantor Trusts
Margery J. Schneider

Estate of Thelma G. Hurford, T.C. Memo 2008-278; Tax Court Rejects Private Annuity Transaction and Creation of FLP Under Section 2036
Steve Akers

Heckerling Musings 2009
Steve Akers condenses the latest Heckerling Institute proceedings into one easy-to-read and well organized article. A must read for all estate planners.  Click here to read the article.

Reports from Heckerling
The 43rd Annual Philip E. Heckerling Institute on Estate Planning was held January 12-16, 2009.  The Section's on-site reporters posted summaries of the sessions to the ABA-PTL discussion list and the RPTE website, and they may be accessed here.

Charitable Highlights from 2008
Stephanie (Stevie) Casteel
Stevie Casteel summarizes the major developments concerning charitable organizations and charitable giving, from the beginning of 2009 through the present.

New York State Department of Taxation and Finance, Advisory Opinion on the New York estate taxation of non-resident owned S Corporations and single member LLCs which own New York Real Estate
Robert D. Steele

real property

Real Property News

Your Tenant Has Filed Bankruptcy--Now What?
Randy P. Orlik and Susan S. Davis
The news is full of bankruptcies by national retailers.  Small stores are also being affected by the current economic crunch.  Randy Orlik and Susan Davis provide an overview of steps to take when a tenant files a bankruptcy proceeding.

Title Insurer Not Liable for Acts of Agent at Closing in Absence of Closing Protection Letter
John C. Murray
A closing protection letter is a standard item on a lender's checklist, but it may not protect against everything a lender assumes it will cover.  Jack Murray covers a recent case highlighting the benefits and limits of closing protection letters.

How to Create a Green Community
Amy Bray
In her article, Amy Bray discusses how to create eco-friendly CCRs for planned communities.

Ohio Foreclosure Cases: Lenders Beware– The Ripple Continues
Gretchen D. Jeffries and Michael J. Ball
See the latest installment from Gretchen Jeffries and Michael Ball in their ongoing reports on cases and legislative efforts affecting the proof required of foreclosing lenders.

Join a Committee Today!

RPTE members can join a group or committee (or several) online here. 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

Don't Miss TECHSHOW 2009!
The RPTE Section is a program promoter of ABA TECHSHOW 2009, a 3-day technology-related seminar hosted by ABA's Law Practice Management Section. Check it out at www.techshow.com and get a special registration discount by using the RPTE program promoter code EP922. Find out more about this year's ABA TECHSHOW.

CLE Spotlight

Trust and Estate CLE
Feuds and Flashpoints: Detecting and Defusing Potential Estate Litigation
Webcast/ Teleconference
Date: Tuesday, March 3, 2009
Time: 1:00 P.M. - 2:30 P.M. Eastern

Real Property CLE
Dilemmas Dealing with Deposits, Disbursements, Escrows, and Exchange Funds
Webcast/ Teleconference
Date: Monday, February 23, 2009
Time: 1:00 P.M. - 3:00 P.M. Eastern

Group & Committee News

committee spotlight
Volunteer to Update the RPTE Disaster Assistance Webpage

Emerging Issues and Specialty Leases Committee

This "Committee Spotlight" section of the eReport highlights a group or committee and provides volunteer opportunities for practicing lawyers. Become more involved in RPTE today.

real property
Commercial Real Estate Transactions Group
The Commercial Real Estate Transactions Group has a number of ongoing activities, including a focusing on the ongoing real estate crisis that is starting to spread into the commercial market. View the Group's activities here.

Income and Transfer Tax Planning Group
The Income and Transfer Tax Planning Group has a variety of Group conference calls scheduled during 2009 and will sponsor many presentations at the 2009 Spring Symposia. Find out more here.

International Tax Planning Committee
The committee has undertaken several important comment projects and is actively working with both the ABA Tax Section and the AICPA on issues of vital importance to our members. Click here for more.

Young Lawyers Network

Become involved in the substantive work of the RPTE Section by applying for the 9th Annual Fellows Program.

Law Students

Writing Contest
Let the 2009 Student Writing Contest be your opportunity for recognition.

Check Out Changes to the RPTE Law Student Webpage
Be sure to check out the RPTE law student web page, which is being updated with new student information and resources by the Section's 2008-2009 Law Student Division liaisons, Ben Martie and Tyler Pitrat.

And, join the discussion on the RPTE law student message board...

Ask how others are enjoying their first year (and later years) of law school. Find out about career opportunities in the fields of real property and trust and estate law. Discover insights on working for a big or small firm or being a solo practitioner. Ask questions, discuss your concerns and offer support to other students on a number of issues. The message board is new!

From Handshake to Closing: The Role of the Commercial Real Estate Lawyer by Sidney G. Saltz

New Book from RPTE

From Handshake to Closing: The Role of the Commercial Real Estate Lawyer
Sidney G. Saltz

From Handshake to Closing is an invaluable and practical mentoring guide intended to bridge the gap between the way law firms train young lawyers today, often thrusting upon them complicated matters and asking them to learn through trial and error rather than through observation. It teaches real estate lawyers to avoid pitfalls that can kill the deal, and serves as a valuable refresher for more experienced attorneys. Suggestions on how to handle various stages of a deal, the history of the practice, and ample examples are provided. 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.


American Bar AssociationReal Property Trust & Estate Law Section