RPTE eReport logo

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

Section News

RPTE Welcomes New Chair and Officers for 2010-2011 Bar Year
The ceremonial transfer of new RPTE leadership for the 2010-2011 bar year took place at the ABA Annual Meeting in San Francisco. New leadership members officially begin their positions on September 1, 2010. View a list of the Section's newly appointed officers and a message from Alan Rothschild, 2010-2011 Section Chair.

Join Us in Toronto, Ontario for the RPTE/Taxation Joint Fall CLE Meeting
Network with colleagues, participate in trust and estate CLE programs and discuss the latest federal tax policies on September 23-25, 2010. View meeting details here.

Another Successful Skills Training for Estate Planners CLE Program
Attendees had praise for this year’s Skills Training for Estate Planners CLE program in New York City on July 12-16, 2010. The 5-day intensive program for both young and transitioning trust and estate lawyers covered estate planning fundamentals and substantive skills development, hands-on tax preparation to learn new tax law and ethics training for practical settings. Speakers included Emory Law School Professor Jeffrey Pennell and several members of RPTE leadership.   Click here to learn more .

Trust and Estate NewsReal Property News

trust and estate

Real Property News


Missouri Federal Court Sets Aside Tax Sale in Favor of MERS
Dana Fidazzo

In this article, Dana Fidazzo analyzes the recent decision in Mortgage Electronic Registration Systems, Inc. ("MERS"), et al v. Robert Bellistri and its impact on MERS' right to receive notice of tax sales affecting properties in which MERS has an interest.

Lender's Lien Survives Despite Faulty Acknowledgement
Katie Graves Williams
Chalk one up for the lender! Read more about how the mortgagee side stepped a bankruptcy avoidance effort in this article by Katie Graves Williams.

Who's On First: The Mortgage Servicer's Standing to Bring Suit
Samuel H. Levine
Samuel H. Levine discusses a recent case which delves into the ever-murky terrain of who has standing to foreclose a mortgage or assert a claim based on a mortgage in the mortgage-backed securities arena. 


real property

Trust & Estate News


Federal Estate Tax Update and Planning Considerations for 2010
Sharon Klein

State Death Taxes in Uncertain Times
Susan K. Dromsky-Reed, Ryan M. Harding and Rebecca Rosenberger Smolen

Special Needs Trusts Basics
Kristen Lewis

Inheritance Rights for Children of Assisted Reproductive Technologies
Kiara Gorski and Laura Twomey

New Developments in Assisted Reproductive Technology and Their Effects on Estate Planning
Steven H. Snyder

Select Issues in Estate and Trust Administration
John A. Terrill, II, Esq. and Rebecca Wallenfelsz

Private Foundations in Transition: Governance Issues in 2010
Grace Allison, Janne G. Gallagher and Ramsay H. Slugg


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 Robert Steele, Editor, at steele@whafh.com for further details.

A Special Thank You to Susan Talley

As Robert Steele takes on the role of eReport Editor, we bid farewell to Susan Talley, Editor Emeritus. Read about Susan's contributions to the eReport here.

Technology and Law Practice Management

BlackBerry Applications for Lawyers
Tonya Johnson
From law dictionaries to email dictations, Smartphone applications have allowed "on the go" lawyers to stay up-to-date with their practice. Click here to read reviews on these applications.

CLE Spotlight

Trust & Estate CLE
Are Single-Member LLCs a Ticking Time-Bomb for Asset Protection?
Date: August 24, 2010
Time: 12:00 p.m. - 1:30 p.m. Central

Ethical Issues in Estate Planning for Pet Owners
Date: November 9, 2010
Time: 12:00 p.m. - 1:30 p.m. Central

Thank You to Our Annual Meeting Sponsors

We greatly appreciate the support of our 2010 ABA Annual Meeting sponsors!

Silver Sponsor
Chicago Title Insurance Company

Law Firm Sponsor
Baker, Donelson, Bearman, Caldwell & Berkowitz, P.C.

Group & Committee News

committee spotlight
Ground Leasing Committee

The Ground Leasing Committee, which greatly exceeded its 2010 membership goals, is currently seeking volunteers for two upcoming projects. For more information on these opportunities, click here.

Leasing Group
From participating in three programs at the 2010 Spring Symposia to preparing a handful of upcoming eCLE's, the Leasing Group has had a very active year so far. Read more about the Group's activities here.

Employee Benefit Plans and Other Compensation Arrangements Group
This Group has been very busy in the recent months due to the successful expansion of their committee calls. These calls have also been supplemented by "study calls" in which members address areas of immediate concern. Click here to read more news from this Group.

Young Lawyers Network

Welcome RPTE 2010-2012 Fellows
Congratulations to the 2010-2012 class of fellows! The Fellows Program was created to give young lawyers an opportunity to become involved in the substantive work of the Section, while developing into future leaders. Click here to see the new class roster.

Young Lawyers CLE Programs at Joint Fall Meeting
Join the Young Lawyers Network (YLN) and the Tax Section's Young Lawyers Forum (YLF) at the RPTE/Taxation Joint Fall CLE meeting on September 24, 2010. Young lawyers are encouraged to attend this Friday afternoon program. Click here to learn more.

Law Students

Calling All Law Students!
Discover the many benefits of your RPTE Section law student membership. From free meeting registration to the RPTE law student writing contest, the Section has ample opportunities for your involvement. Click here to read more about law student membership.

Join a Committee Today!

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


An Estate Planner's Guide to Family Business Entities

New Book from RPTE

An Estate Planner's Guide to Family Business Entities: Family Limited Partnerships, Limited Liability Companies, and More, Third Edition
Louis A. Mezzullo

As the nation's population ages, an increasing number of clients are looking for the most effective way to pass their assets on to younger family members. This updated edition of An Estate Planner's Guide to Family Business Entities provides a complete and timely framework for selecting the most appropriate means of transferring wealth through the establishment of a business entity, including S corporations, C corporations, partnerships and LLCs.

As with the other books in Louis A. Mezzullo's popular series, An Estate Planner's Guide to Family Business Entities explains complex information in a logical, user-friendly style. Updated to reflect recent significant changes in the area, it gives lawyers and financial planners the necessary background to accurately advise clients on their choice of entity options. Mezzullo discusses the different techniques available for most effectively planning the transfer of a client's wealth, including trusts, S corporations, C corporations, partnerships and LLCs. To guide the selection of the most appropriate entity to meet a client's objectives, he offers a thorough comparison of the advantages, disadvantages and restrictions of each type of entity.

Click here for more information and pricing.

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

About the 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. The RPTE eReport also provides resources for seasoned and young lawyers and law students to succeed in the practice of law. For further information on the RPTE eReport or to submit an article for publication, please contact: Robert Steele (Editor) at steele@whafh.com; Cheryl Kelly (Real Property Editor) at CKELLY@thompsoncoburn.com; or Anta Cisse-Green (Trust and Estate Editor) at cissengreena@sullcrom.com. We welcome your suggestions and submissions.

A special thank you to our Editors Emeritus, Susan Talley ( stalley@stonepigman.com ) and Michael Goler ( Goler@MillerGolerFaeges.com ), for their hard work throughout the initial development of the eReport, and who are happy to receive readers’ suggestions for future articles.

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 ABA 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 the 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