RPTE eReport logo

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

Section News

It is Not Too Late to Register for the 20th Annual Spring Symposia
On-site registration will be held from 1:00 a.m. to 5:00 p.m. on April 29, and from 7:00 a.m. to 5:00 p.m. on April 30 and May 1 at the Fairmont Hotel RPTE Symposia registration desk. For more details about the Spring Symposia, click here.

Be Sure to Attend One of Our Informative Luncheons at the Spring Symposia:
Real Property Luncheon - Thursday, April 30, 11:45 a.m. - 1:30 p.m.
"Can We Regulate the U.S. Financial and Housing Markets Back to Health? What we have learned and what we need to do."

Trust and Estate CLE Teleconference Luncheon - Thursday, April 30, 12:00 p.m. - 1:30 p.m.
"Hot Topics for Estate Planners" - This program will be simulcast as a CLE teleconference.

And do not miss the Diversity Breakfast and CLE Program on Friday, May 1, from 7:00 a.m. - 8:30 a.m.
"Eliminating Bias in the Profession: Why Aren't Law Firms and Corporate Law Departments Achieving Greater Success?"

In addition, first time minority bar members can attend the Symposia FREE of charge.

Real Property NewsTrust and Estate News

Real Property

Real Property News

Tennessee Supreme Court Reverses Lower Court Ruling that Initiation of Foreclosure is "Increase in Hazard" Under Insurance Contract
Allison E. Graves
Allison Graves previously wrote for the eReport on a Tennessee lower court case finding that commencement of foreclosure was an increase in hazard under a property insurance policy. Allison updates our readers on the Tennessee Supreme Court decision overturning the lower court case.

"Springing Recourse" Guaranties Enforced in Recent District Court Opinions: Will The Trend Continue? Should In Terrorem Provisions Be Enforced?
James H. Wallenstein
Springing guaranties and nonrecourse carve outs will be getting a close look by lenders and the principals of borrowers in these tough economic times. Jim Wallenstein offers a thought provoking view from the guarantor's side of the loan transaction.

International Guaranties
Sidney G. Saltz
A real estate transaction, such as a lease, may be backed by a guaranty from a foreign company. Sid Saltz covers the issues counsel should look for in negotiating a foreign guaranty.


Trust and Estate

Trust and Estate News

Trusts, Estate Planning And The Family Jet
Michelle M. Wade and Dillon L. Strohm

Where There's a Will, There's a . . . Duty?: A Closer Look at the Safekeeping of Clients' Original Estate Planning Documents
Jennifer A. Kosteva

Charitable Strategies for Trust Beneficiaries
Sharon L. Klein and Henry S. Ziegler

New Voluntary Disclosure Procedure For Offshore Accounts
Gideon Rothschild

Recent Valuation Case Summaries
John H. Hardwick, Jr.

Estate of Jorgensen, T.C. Memo. 2009-66
Section 2036 Applied to Creation of FLPs; Equitable Recoupment Allowed to Adjust for Prior Income Tax Overpayments in Light of Increase in Basis Attributable to Increased Gross Estate Value

Steve R. Akers

Employers Must Begin Using New I-9 Form April 3, 2009;
Federal Government Contractor E-Verify Requirements Take Effect May 21, 2009

Cynthia Marcotte Stamer

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

The Paperless Law Office: Creating an Electronic Closing Binder
Learning how to create an electronic closing binder using Adobe Acrobat Professional can help lawyers use less paper and reduce the cost of doing business, while providing additional value to clients.
Tonya Johnson

CLE Spotlight

Real Property CLE
Aftershocks: Reverberations of the Economic Downturn on Commercial Real Estate Finance
Date: Thursday, April 30, 2009
Time: 8:00 a.m. - 9:45 a.m. Eastern
Place: Fairmont Hotel, Washington D.C. (Spring Symposia)

Trust and Estate CLE
Estate Planning in Economically Turbulent Times
Date: Friday, May 1, 2009
Time: 8:45 a.m. - 9:45 a.m. Eastern
Place: Fairmont Hotel, Washington D.C. (Spring Symposia)

Group & Committee News

committee spotlight
International Tax Planning Committee
Volunteer to Work On Current Projects!

The International Tax Planning Committee is currently working on several projects of importance to practitioners and their clients. For more information, click here.

Diversity Committee
Become a Speaker!

The Diversity Committee is searching for diverse speakers to add to the RPTE speaker database on real property and estate planning issues. If you would like the opportunity to become a Section speaker, please contact Nelse Schreck, NSchreck@rodey.com.

The Charitable Planning and Organizations Group has had an active 2009 so far and expects the pace to continue throughout the rest of the year. To find out more about the Group's happenings, click here.

Elder Law, Disability Planning and Bioethics Group
The Social Security Administration has recently issued long-awaited guidance on the use of Special Needs Trusts for disabled beneficiaries. Click to learn more.

real property
Residential, Multi-Family, Special Use Group
Given the state of the housing market, the Residential, Multi-Family and Special Use Group has been busy this Spring. View the Group's activities here.

Practice Management Group
The Practice Management Group has ongoing activities involving technology, pro bono, dispute resolution and ethics. At the upcoming Spring Symposia in D.C., the Group is focusing on the residential foreclosure crisis and concerns about the Interstate Land Sales Full Disclosure Act. Click to learn more.

Young Lawyers Network

Become involved in the substantive work of the RPTE Section by applying for the 9th annual Fellows Program. Do not miss out; the deadline is June 20th. For more details click here.

Law Students

The June 20th deadline for the Section's Law Student Writing Contest is fast approaching! Do not miss out on your opportunity to become a recognized author. Click here for more information on the competition.

The Insured Stock Purchase Agreement: With Sample Form, Second Edition

New Book from RPTE

The Insured Stock Purchase Agreement: With Sample Forms, Second Edition
Lawrence Brody, Stephen B. Daiker

Now completely revised and updated, The Insured Stock Purchase Agreement explains how a stock purchase agreement can be a successful tool for ensuring the harmonious continuation of the closely held corporation and solving the estate planning problems of its stockholders. The book details how a properly drafted and funded stock purchase agreement can accomplish these important planning objectives... 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