RPTE eReport logo

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

Section News

City of Brotherly Love Attracts Record Attendance at 21st Annual Symposia
The RPTE 21st Annual Spring Symposia on May 6-7 had 500 attendees! Philadelphia served as the backdrop, as attendees came to reacquaint with old friends and colleagues, meet new ones and take advantage of two days of cutting edge real property and trust and estate CLE.
View photos from the event and access CLE program materials here.

A big thank you to all of our Symposia sponsors, which helped make the event a great success. Our Gold and Silver sponsors are:

Gold: Coventry
Silver: Bessemer Trust, Fiduciary Trust International, HFBE, HSBC Private Bank, Wilmington Trust and WSFS Trust and Wealth Management.

For a complete listing of Symposia sponsors with contact information click here.

To view a message from RPTE chair, Roger Winston, with more information on the Spring Symposia and benefits the Section offers its members, click here.

Skills Training for Estate Planners – 5 Day Intensive CLE Program
If you're new to trust and estate law, join us in New York City for the Skills Training for Estate Planners CLE program on July 12-16. This intensive 5-day program covers estate planning fundamentals and substantive skills development, hands-on tax preparation to learn tax law, and ethics training for practical settings. View more details and a complete schedule of events here. Space is limited for this program, so sign up soon—registration deadline is June 25!

Real Property CLE at the 2010 ABA Annual Meeting
The 2010 ABA Annual Meeting will be held in San Francisco on August 5-10.  Join RPTE on August 6-8 for opportunities to network with Section members and earn CLE credits by attending your choice of real property programs.  For more information and ABA Annual Meeting registration details, click here View a complete listing of all real property CLE programs here .  Be sure to enjoy all the sites, world-class restaurants and trendy shops in beautiful San Francisco!

Real Property NewsTrust and Estate News

trust and estate

Trust & Estate News


Hot Topics in Estate Planning
Howard M. Zaritsky

Financial Crimes Enforcement Network Proposes to Revise the Bank Secrecy Act Regarding Foreign Financial Accounts
Mildred Gomez

Pierre v. Commissioner, T.C. Memo. 2010-106
Steve K. Akers

Ludwick v. Commissioner, T.C. Memo. 2010-104
Steve K. Akers

How To Give Away The Family Store - Lifetime Transfers Of Family Business Interests
Neil H. Weinberg
Paige K. Ben-Yaacov

Alternative Dispute Resolution in Probate and Trust Disputes
Dominic J. Campisi

Uniform Oversight of Charitable Assets Act
Susan N. Gary

real property

Real Property News

IRS Provides Relief for Taxpayers Unable to Complete Like-Kind Exchanges Due to Insolvent Qualified Intermediaries
K. Eli Akhavan
Eli Akhavan summaries the provisions of IRS Revenue Procedure 2010-14 addressing certain relief allowed taxpayers when a qualified intermediary holding proceeds related to a taxpayer's like-kind exchange enters into bankruptcy or receivership proceedings.

Enforceability of Carveouts to Nonrecourse Loans: An Update
John C. Murray
In this article, Jack Murray provides a summary of how lenders are faring in enforcing "non-recourse carve out" provisions typically found in mortgage loan documents.

Unscheduled Debtor Assets: A Risk to Purchasers in Good Faith?
Andrew D. Mendez and Nicholas J. Wehlen
How far is the reach of the Bankruptcy Court in affecting real estate titles? The answer may surprise you. For more on this topic, read this article by Andrew Mendez and Nicholas Whelen.



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

Should Lawyers Be Anti-Social Networking?
Suggestions on Sites to Use (or Perhaps Snub)

Jason E. Havens
Jason Havens, a technology savvy RPTE member, shares his perspective on the most beneficial social networking sites for lawyers.

CLE Spotlight

Real Property CLE
Challenges in Obtaining Secondary Market Condominium Pre-Approval in a Volatile Regulatory Environment
Date: June 16, 2010
Time: 12:00 P.M. - 1:30 P.M. Central

Trust and Estate CLE
ALI-ABA: Estate Planning for the Family Business Owner
Live Course - Gleacher Center, Chicago, IL
Date: July 7-9, 2010
Time: See daily schedule

Group & Committee News

committee spotlight
Non-Tax Issues Affecting the Planning
and Administration of Estates
and Trusts Committee

The Non-Tax Issues Affecting the Planning and Administration of Estates and Trusts Committee is seeking a conference call speaker to discuss the steps that should be taken when drafting and executing estate planning documents. Other volunteer opportunities are also available. For more information, click here.

Land Use and Environmental Group
The Land Use and Environmental Group has been busy hosting teleconferences and planning and presenting CLE programs on timely environmental issues. For the upcoming ABA Annual Meeting, the Land Use and Zoning Committee and the Environmental Committee will both be presenting programs. Read more about the Group's activities here.

Legal Education and Uniform Laws Group
The Legal Education and Uniform Laws Group has been working to enhance real property education in law schools and improve the Section's awareness and expertise regarding uniform laws. Click here to learn more about the Group's upcoming plans.

Business Planning Group
The Business Planning Group met with the IRS to request improvements relating to field examiner procedures for implementing IRC Section 6695A. The Group has also continued its popular teleconferences. Recent calls featured discussions on the use of beneficiary defective grantor trusts and recent family limited partnership cases from the valuation perspective. Click here to learn more.

Young Lawyers Network

Young Lawyers Institute
The Young Lawyers Institute: Practice Essentials at the Spring Symposia in Philadelphia featured two full days of continuing legal education programming. The programs were well attended and networking opportunities were available during session lunches and at the joint reception held after the event. Read more here.

RPTE Fellows Program
Become a RPTE Fellow for the class of 2010-2012! The Fellows program provides young lawyers with the opportunity to become involved in the substantive work of the Section, and to develop into future RPTE leaders. Learn more about the Fellows program here. The application deadline is June 25!

Law Students

RPTE Law Student Writing Contest
The June 18 deadline is fast approaching for the RPTE Law Student Writing Contest! Submit your entries for a chance to win cash, a trip to the RPTE Leadership Meeting, and opportunities to be published in Section publications. Click here for more information.


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.


Green Building and Sustainable Development: The Practical Legal Guide

New Book from RPTE

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

This guide begins with an overview of several critical background principles, followed by a discussion of the key components of a development project, and finally considers green building and sustainable development in the residential and governmental context.

- 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