RPTE eReport logo

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

Section News

A Message from the RPTE Chair, Roger D. Winston
Click here to read Roger's first eReport communication of the new bar year.

Section Nominations Committee
For a list of the Section's 2009-2010 Nominations Committee members and the Section officer and council positions that are to be elected at the 2010 Section Annual Meeting, please click here.

Trust and Estate NewsReal Property News

trust and estate

Trust and Estate News

Split-Dollar Insurance and the Closely Held Business
Larry Brody, Richard Harris and Martin M. Shenkman

The Disposition of Digital Assets: Estate Planning Potential NOT Just Propaganda
Karin Prangley

Final IRC Section 2053 Regulations
Jim Roberts

Steve Akers summarizes and analyzes three recent decisions concerning the transfer of partnership interests in varying circumstances and the interpretation of IRC section 2036 in all three cases and valuation discounts in two of the cases. Estate of Malkin v. Commissioner, T.C. Memo 2009-12, Estate of Murphy, W.D. Ark, and Keller v. U.S., S.D. Tex. In a fourth decision, he summarizes and analyzes Pierre v. Commissioner, 133 T.C. No. 2, which concerns the issue of whether the transfers, for gift tax purposes, of interests in a single member LLC to trusts are transfers of the entity or transfers of the underlying assets.

real property

Real Property News

A lender holding two mortgages or deeds of trust on the same property may face some difficult issues on foreclosure. Brian Hulse previews a much longer article that will appear in the December issue of the Real Property, Trust and Estate Law Journal. Read more here.
Brian Hulse

Marlene S. Gomez analyzes recent legislation and varying approaches to address environmental contamination left over from former methamphetamine laboratories. Click here to read.
Marlene S. Gomez

MERS' Standing to Foreclose Upheld in Rhode Island State Court Challenge
Jeffrey H. Gladstone and David J. Pellegrino

Separate Property v. Property of the Estate: Determination of Rights in Funds When a 1031 Intermediary Exchange Files Chapter 11
Katie Graves Williams

Congress Passes Tax Relief through 2010 for Solvent Debtors Holding Real Estate
Mark Stone


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

Top Ten Twitter Tools
Tonya Johnson

Nearly 500 individuals participated in the free webinar, "Why Twitter Matters to Lawyers," part of the ABA Journal's Legal Rebels series. Often referred to as a microblogging tool, Twitter has steadily increased in popularity, even among lawyers, a typically wordy group. Click here to see the Top Ten Twitter Tools.

CLE Spotlight

Trust and Estate CLE
Passwords and Personalty: Planning and Pitfalls in the Disposition of Tangible and Quasi-Tangible Property
Webcast/ Teleconference
Date: November 10, 2009
Time: 12:00 P.M. - 1:30 P.M. Central

Real Property CLE
Wind Energy Development: Real-Estate Related Legal Issues with Wind Energy
Webcast/ Teleconference
Date: November 18, 2009
Time: 12:00 P.M. - 1:30 P.M. Central

Group & Committee News

committee spotlight
Charitable Planning and Organizations Group

The Group is working on comments in response to the Treasury Department's proposed regulations governing supporting organizations. This project will focus on the proposed regulations' effectiveness and thoroughness in bringing clarity to the significant changes made to supporting organizations by the Pension Protection Act of 2006. Please contact any of our Group's leadership to become involved in this project. To read more on the Group, click here.

Litigation, Ethics and Malpractice Group
The Group concentrates its efforts on issues involving trust, estate and fiduciary litigation matters. To read more about this Group's activities, click here.

real property
Hospitality, Timesharing and Common Interest Development Group
The Group continues its quarterly Hot Topics conference calls and education efforts. Click here to find out more information. Read more here.

The Special Investors and Investment Structure Group
The Group's focus this year is on providing value to its committee members. To this end, the Group has  instituted several communication initiatives and has planned substantive conference calls and programs. Click here for more.

Young Lawyers Network

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

Student liaison, Will Hudson, has posted a message on real estate law societies. For more click here.

The Law of Trustee Investments

New Book from RPTE

Green Building and Sustainable Development: The Practical Legal Guide
Jonathan E. Furr, Nicole C. Kibert, James T. Mayer and Shannon D. Sentman

In today's legal and economic landscape, all development professionals -- including attorneys -- are realizing that they need to fully understand sustainable development and green building concepts, requirements, and policies in order to meet their clients' expectations and to operate successfully in the evolving economic and regulatory environment. Green Building and Sustainable Development: The Practical Legal Guide gives lawyers the necessary information to understand and assist their clients in establishing themselves as leaders in the area, helping them meet growing customer demand, take advantage of government incentive programs, enhance marketing opportunities, and lower operating expenses in anticipation of rising utility costs.

- 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