RPTE eReport logo

  •   A Bi-Monthly Electronic Publication for Section Members
  • April 2010

Section News

It is Not Too Late to Register for the 21st Annual Spring Symposia
On-site registration will be held from 1:00 p.m. to 5:00 p.m. on May 5th, and from 7:00 a.m. to 5:00 p.m. on May 6th and May 7th, at the Philadelphia Marriott. For more details about the Spring Symposia, click here.

Be Sure to Attend One of Our Informative
Luncheons at the Spring Symposia

Group and Committee Luncheon
Thursday, May 6, 11:45 a.m. – 1:15 p.m.
Open to all attendees, tables will be set up for each group to provide a forum for discussion. This is an excellent opportunity for networking.

Real Property Luncheon
Friday, May 7, 11:30 a.m. - 1:00 p.m.
A Philadelphia Story – Re-Development of Center City Philadelphia

Trust and Estate Luncheon
Friday, May 7, 11:30 a.m. - 1:00 p.m.
Hot Topics for Estate Planners

Do not miss our Young Lawyers Institute: Practice Essentials all day program. Trust and Estate programs will be held on Thursday, May 6 and Real Property programs will be held on Friday, May 7.

First time minority bar members can attend the Symposia FREE of charge.

Trust and Estate NewsReal Property News

real property

Real Property News


East vs. West: Clear Support and Potential Heartache for MERS and Other Similar Mortgage Assignment Systems
Kathleen E. Kraft
The courts continue to wrestle with the issue of the proper party to enforce mortgage obligations. Katie Kraft summarizes yet a few more cases addressing disputes in this area.

Granting Easements: You May Be Giving Away More Than You Think
Naomi K. Reyes
Are you familiar with the "technological advancement doctrine"? Proceed at your own risk if not when granting that next easement! Learn more from this article by Naomi Reyes.

Arkansas Bankruptcy Court Voids Mortgage Lien on Basis of Faulty Acknowledgment
Katie Graves Williams
"He said, she said": Lien avoidance could result when a mortgage acknowledgment is ambiguous. Katie Graves Williams provides further details in her summary of a recent Arkansas bankruptcy court decision.

Uninsured But Not Uninformed; Exclusion of Creditors Rights Title Insurance Coverage
Laura D. Jascott, Bruce E. Prigoff and Adam B. Weissburg
The title insurance industry is moving to extricate itself from the credit underwriting business. Learn more about changes in the availability of creditors' rights coverage under title policies by reading this article.

Interested in keeping current on possible legislative changes to state foreclosure laws? The National Conference of State Legislatures has a website just for you. Click here to find out more.

The ABA has recently adopted a policy resolution endorsing the national use of mediation in residential foreclosure matters. Please click here to learn more.

trust and estate

Trust & Estate News

Psychological and Emotional Impact of Chronic Illness on Estate Planning: Case Study Comparing and Contrasting Multiple Sclerosis and Parkinson’s Disease
Rosalind Kalb, Nicholas LaRocca, Alessandro Di Rocco, Mary Hughes, and Martin M. Shenkman

Heckerling Musings 2010

Steve R. Akers

Estate of Shurtz, T.C. Memo. 2010-21
Steve R. Akers

President Signs Law Extending & Expanding AARA COBRA Subsidy Rules
Cynthia Marcotte Stamer

Comments to IRS Notice 2010-19; Internal Revenue Code Section 2511(c)

Comments to IRS on Payout Requirements for Type III Supporting Organizations
Charitable Planning and Organizations Group

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

Curious about whether social networking has any merits?
Discover 5 reasons to jump on the social networking bandwagon with RPTE. Click here for more.

List serves 101 - Quick and easy communication
List serves are easy to use and allow RPTE Group and Committee members to exchange ideas and be notified of activities and events. Learn the basics of list serves here.

CLE Spotlight

Trust and Estate CLE
Roth Conversion Strategies for the Real Estate Planning Client
Date: May 4, 2010
Time: 12:00 P.M. - 1:30 P.M. Central

Real Property CLE
Mezzanine Financing: Bridging the Gap in Loan Refinancings
Date: April 28, 2010
Time: 12:00 P.M. - 1:30 P.M. Central

Group & Committee News

committee spotlight
Non-Tax Estate Planning
Considerations Group

The Non-Tax Group has six very active committees and many opportunities to volunteer. Click here to check out these opportunities.

Practice Management Group
The Practice Management Group has ongoing activities involving technology, litigation, pro bono and ethics. At the upcoming Spring Symposia, the Group will sponsor a total of four programs. Click here to learn more about the Group's programs and activities.

Residential, Multifamily and Special Use Group
The Residential, Multi-Family and Special Use Group is busy hosting conference calls on various residential issues and will be hosting a Group lunch and presenting a program at the Spring Symposia. Click here for more details.

Charitable Planning and Organizations Group The Charitable Planning and Organizations Group has continued its quarterly membership calls with well-known speakers. The Group has also been busy writing comments to the IRS on the proposed supporting organizations regs and more, and has interesting and timely CLE programs planned for the Spring Symposia in Philadelphia. Click here to learn more.

Elder Law, Disability Planning and Bioethics Group
The Elder Law, Disability Planning and Bioethics Group will be leading two programs at the upcoming Spring Symposia. The first program will be on Special Needs Trusts, and the second program will be on Assisted Reproductive Technology and its impact on estate planning. Click here for more information on the two programs.

Young Lawyers Network

If you are new to the field or want to refresh your skills, the Young Lawyers Institute: Practice Essentials (YLI) at the Spring Symposia in Philadelphia is for you. The YLI will feature a full day of continuing legal education programming. Thursday will be dedicated to trust and estate programs and Friday will feature real property programs. A joint reception for attendees will be held Friday, after the YLI. Click here for program information.

Law Students

Let the 2010 Law Student Writing Contest be your opportunity for recognition. To find out more, click here.

Join a Committee Today!

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


The Law of Trustee Investments

New Book from RPTE

Education Planning: Taxes, Trusts, and Techniques
Nancy Shurtz

Education Planning: Taxes, Trusts, and Techniques offers an in-depth guide to the strategies, vehicles, and estate and tax planning that are available. While the text focuses on the popular yet complex 529 plans, it also provides the planner with information about all other available college savings vehicles.

In eight parts and 36 chapters, Education Planning: Taxes, Trusts, and Techniques covers the complex vehicles that can be used in saving for college and the various forms of aid available when those savings vehicles prove inadequate. The first part of the book examines the benefits and costs of a college education while providing a broad overview of the various strategies for paying for college.

- 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