RPTE eReport logo

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

Section News

A New Year…RPTE Welcomes New Chair and Officers
The 2009-2010 ABA bar year will officially commence on September 1, 2009. The RPTE leadership looks forward to an informative and productive year for Section members. View a list of the Section's new officers and a message from Roger Winston, new Section Chair.

Join Us in Chicago for the RPTE/Taxation Joint Fall CLE Meeting
Network with colleagues, earn CLE credits and discuss the latest federal tax policies on September 24-26, 2009. View meeting details here.

The 2009 Spring Symposia CLE Program Materials Are Now Available Online

The Skills Training for Estate Planners was a success. Click here to read more

Real Property NewsTrust and Estate News

real property

Real Property News

GGP: Single Purpose Entity or All in the Corporate Family?
Joseph Philip Forte, Carson M. Leonard and Simon Burce

The authors cover the most recent activity in the General Growth bankruptcy.

Enforceability of Prepayment Premiums - Language Does Matter!
John C. Murray
In his article analyzing a recent Illinois case, Jack Murray points out the importance of carefully drafting prepayment premium provisions and the financial consequences that can result when the loan document language does not match the parties' expectations.

Another Nail in the MERS Coffin: Arkansas Court Rules That MERS Was Not A Necessary Party To A Foreclosure Action In Which MERS Served As Lender's Nominee On The Senior Deed Of Trust
Kathleen E. Kraft

Libor Under Attack: Understanding The Current Controversies
Tanya D. Marsh
LIBOR is an important benchmark used is real estate financing transactions. In her article, Tanya Marsh explains the recent controversy surrounding LIBOR and the reaction of the British Banking Association to criticism of LIBOR.

trust and estate

Trust and Estate News

Estate of Miller v. Commissioner, T.C. Memo. 2009-119

Linton v. U.S., U.S. Dist. Ct. W.D. Washington, Cause No. C08-227Z (July 1, 2009)

Heckerman v. U.S., U.S. Dist. Ct., W.D. Washington, Cause No. C08-0211-JCC (July 27, 2009)
Steve R. Akers

Recent IRS Chief Counsel Memorandum on I.R.C.
§ 6166--Installment Payment of Estate Tax

William S. Forsberg

IRS Notice 2009-55: Transactions Of Interest
Robert D. Steele

The Taxpayer Certainty And Relief Act Of 2009: A Preview Of Portability
Timothy J. Vitollo

Section comments to the IRS on REG-119532-08 -- Graduated Retained Interests
Estate and Gift Tax Committee

Section comments to the IRS on IRS Proposed Regulation 26 CFR 1.67-4, REG-128224-06 Regarding Fees of Trusts and Estates
Individual & Fiduciary Income Tax Committee

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

An Overview of Trust and Estate Software
Tonya Johnson
Trust and Estate Law is an area of practice that is experiencing growth according to The ABA Journal. In response to anticipated interest in this practice area, along with the sheer volume of software applications available, we have prepared an overview of Trust and Estate Software. To read more, click here.

CLE Spotlight

Real Property CLE
Diversity During the Downturn: What Law Firms and Corporations Can Do Now To Achieve Greater Success
(with Donise E. Brown and Sandra S. Yamate)
Webcast/ Teleconference
Date: Thursday, August 27, 2009
Time: 12:00 p.m. - 1:30 p.m. Central

Trust and Estate CLE
"Captive" Insurance Companies and Closely Held Enterprises: Income Tax and Transfer Tax Opportunities and Implications
(with Matt Brown and Geoff Seaman)
Webcast/ Teleconference
Date: Tuesday, September 1, 2009
Time: 12:00 p.m. - 1:30 p.m. Central

Group & Committee News

committee spotlight
Retail Leasing Committee
The Retail Leasing Committee has successfully hosted six calls and is looking for volunteers to assist with future calls. The next call is scheduled for September 17, 2009
Volunteer to Co-host a Conference Call

real property
Leasing Group
The Leasing Group has been very active over the past several months with numerous Committee and Group conference calls. Click here to view the upcoming calls.

Employee Benefit Plans and Other Compensation Arrangements Group
The Group is to present programs on technology for tax lawyers and fiduciary responsibility at the Joint RPTE & Tax Meeting as well as host a quarterly conference call in October. Click here to find out more.

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

Young Lawyers Network

RPTE Welcomes New Fellows
The RPTE Section supports a remarkable fellows program that encourages the involvement of young lawyers in the Section. Congratulations to the new RPTE 2009 fellows! Click here to see the new fellows.

Law Students

Congratulations to the 2009 RPTE Law Student Writing Contest Winners
The results are in for the RPTE law student writing contest. To see the winners, click here.

The Law of Trustee Investments

New Book from RPTE

The Law of Trustee Investments
Christopher P. Cline

This book takes a very practical approach to the question that should be asked by every trustee, especially non-professional trustees: How do I fulfill my fiduciary duties to the trust beneficiaries (and thereby avoid liability for failure to do so) in determining how to invest the trust assets? The book begins with an in-depth introduction to investment basics, examines such issues as the law of diversification and the prudent investor act standard, explores how to determine breach and damages, and explains the effects of principal and income acts on investing. It concludes by addressing the drafting of an investment plan by the trustee, a key topic because under the UPIA a fiduciary is judged not on his or her actual investment performance, but rather on the appropriateness of the investment plan. More...


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