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  • A Bi-Monthly Electronic Publication for Section Members
  • April 2013

Section News

2013 Spring Symposia- Register by the 12th!
spring symposia
The online registration deadline is Friday, April 12. Staff will be onsite for registration starting Wednesday, May 1 at the Capital Hilton. We hope to see you there! Visit our Symposia webpage for more information. This meeting would not be possible without the generous support of our sponsors- thank you!!

Registration Now Open for the Skills Training for Estate Planners CLE Program
This intensive estate planning CLE program now has two tracks! The new Advanced Topics course of study is for experienced estate planning lawyers seeking to increase their knowledge and skills in the area. The classic Fundamentals course of study is for both young attorneys new in the profession and attorneys seeking to make a transition to estate planning from another area of law. Check out the website for more information.

April is National Financial Literacy Awareness Month
The Section is pleased to participate in National Financial Literacy Month. Download a short estate planning checklist created by RPTE leadership, and be sure to visit the webpage highlighting this initiative.

Thomas E. Spahn's "Privilege Points"
Thomas E. Spahn from McGuireWoods LLP is a well-known expert and frequent lecturer on legal ethics and privilege issues. The Ethics and Malpractice Committee leadership has arranged for Tom's regular "Privilege Points" releases to be available to RPTE Section members. Download his releases' on the Ethics and Malpractice Committee website.

Apply for an RPTE Fellowship
The Section is now accepting applications for the 2013-2015 class of Fellows. Read more in the Young Lawyers Network news.

April Conference Call Calendar
Have you participated in a free RPTE group/committee sponsored conference call? View the April schedule here. Everyone is welcome to dial-in, listen, and participate.

Leadership Directory Sponsorship Opportunity
Is your company interested in advertising in the RPTE Leadership Directory, which 300+ leadership members receive and use throughout the entire year? Download the sponsorship document here, and email Bunny Lee with any questions.

Articles of Interest

real property

Real Property

Quantam of Solace: Title Insurance Coverage and Failures of Title
Irwin I. Gzesh
Irwin Gzesh delves into the realities of what title insurance coverage “equivalent to the purchase price” or “equal to the full investment in the development” may mean.

The Gatekeeper Initiative and the Risk-Based Approach to Client Due Diligence
Kevin L. Shepherd
This article describes practices attorneys can implement to limit the possibility that their services are used to promote or facilitate money laundering or terrorist financing and to avoid the imposition of regulations upon attorneys that may dangerously encroach upon the attorney-client privilege.

trust and estate
Trust & Estate

Favorable “DING Trust” Letter Rulings; Confirmation of IRS’s Position That Settlor’s Retention of Testamentary Power of Appointment Does Not Necessarily Cause Full Transfer to Trust to be Incomplete Gift
Steve R. Akers
What is a DING Trust? The “Delaware Incomplete Non-Grantor” Trust is one used to avoid state income tax. In this article, Steve Akers tells us about the mechanics and history of the DING Trust and summarizes new Private Letter Rulings approving them.

Unintended Consequences: 2703(a)(2) and Undivided Interests in Art - The Estate of Elkins, Jr.
Lance S. Hall
Lance Hall summarizes the controversial Tax court decision in Estate v. Elkins, now appealable to the 5th Circuit Court of Appeals, which has sparked much debate among the nation’s leading estate planning practitioners.

Highlights and Pitfalls for Non-US Citizen Surviving Spouses - The Estate Tax Marital Deduction and the Dilemmas of Portability
Ashley A. Weyenberg
Ashley Weyenberg discusses the applicability of the new portability provisions to non-US citizen decedents and the issues created with respect to estates in which the first-to-die US decedent leaves property to a Non-US spouse in a QDOT.

Heckerling Institute on Estate Planning
If you missed the January 2013 Heckerling Institute on Estate Planning, the nation’s leading conference for estate planning professionals, you can follow the link above for access to the complete 2013 Heckerling report to catch up on hot topics in estate planning, the effect of the ATRA 2013 legislation, and other sophisticated estate planning issues.

Trust and Estate Practice Alerts

Writings Intended as Wills: Unexecuted Copy of a Will
The Litigation, Ethics, and Malpractice Group summarizes a New Jersey case recognizing a will that does not meet testamentary formalities and is not in the testator’s handwriting.

Technology & Law Practice Management

Working and Leturing on the Road
Estate planning attorney Martin Shenkman spends weeks on the road advising attorneys and others on helping clients with chronic illness and disability. Traveling with his wife in an RV, he practices law and has a full speaking schedule. In this article, Marty shares his experiences on diverse topics such as how to recharge batteries during an overnight stay at an RV park, internet access while traveling, and smartphone and laptop applications for any lawyer away from the office. Download his paper here.

Upcoming CLE

Live In-Person CLE:
Philadelphia Community Outreach Program: Commercial Real Estate/Trusts and Estates 101 CLE Program
April 16
Philadelphia, PA

24th Annual RPTE Spring Symposia CLE Meeting
May 2-3
Washington, DC

Skills Training for Estate Planners
Fundamentals Program: July 15-19
Advanced Topics Program: July 17-19
New York, NY

eCLE Programs:
Fundamentals of Real Estate eCLE Series
Session 4: Surveys, Legal Descriptions & Title Insurance
April 16

Assest Protection Trusts- How Real Is Your Protection? A View from the Trust Buster's Perspective
April 16

Advance Directives and Estate Planning for LGBT Adults
April 17

Paralegal eLearning Program
Session 5: Transfer Tax Issues
April 24

Live from the Spring Symposia: Trust and Estate Hot Topics
May 3

Creating a Domestic Asset Protection Trust (webpage coming soon!)
May 7

To view a complete list of upcoming eCLE programs, visit the eCLE webpage here.

All RPTE eCLEs are teleconferences, with the option to listen via live audio webcast. All eCLEs occur 12 p.m.-1:30 p.m. Central time unless noted otherwise.

Group and Committee News

Real Property
Residential, Multifamily and Special Use Group
Read in detail about this Group's four committees, along with their three upcoming programs at the Spring Symposia in this link.

Trust & Estate
Elder Law, Disability Planning and Bioethics Group
From popular past Group conference calls to an upcoming CLE program at the Spring Symposia, the Elder Law Group invites you to learn more here about their Group.

Charitable Planning and Organizations Group
Learn about this Group's active participation in government submissions, along with their two CLE programs at the Spring Symposia, in this link.

Join a Group or Committee Today!
Group and Committee membership is free to all RPTE members! Learn more about our nine Real Property Groups and seven Trust and Estate Groups. For questions regarding membership, contact Bunny Lee at (312) 988-5651 or email bunny.lee@americanbar.org.

Volunteer Opportunities

volunteer opportunities

Help Promote the Spring Symposia on Twitter!
Do you love to tweet? Help us promote the 24th Annual Spring Symposia by tweeting #rptesymposia. We would love to hear which programs you are looking forward to attend! Follow RPTE on Twitter today.

Young Lawyers Network

Apply for a RPTE Fellowship Position
The Fellows Program encourages the active involvement and participation of young lawyers in Section activities. The goal of this highly-acclaimed program is to give young lawyers an opportunity to become involved in the substantive work of the RPTE Section, while developing into future leaders. Read more on the Fellows webpage.

Law Students


Enter the Law Student Writing Contest
The first place winner will receive a $2,500 check, a trip to the Fall Leadership Meeting in New Orleans, and the chance to have their paper published in the Real Property, Trust and Estate Law Journal! Read all the details of this contest on the law student webpage.

Attend the Spring Symposia for FREE!
Did you know that as a RPTE law student, your admission to the Spring Symposia is free? Volunteer to help at the meeting and we will comp your reception ticket! The reception is the perfect event to mingle with Section members and Symposia speakers. Contact Lee Swanson for more details.

Contribute to the eReport

Interested in Contributing to the eReport?
Did you write an article that would be of interest to eReport readers? Do you have suggestions/comments on the content of the eReport? Simply email the Editor, Rob Steele, at steele@whafh.com for further details.

Join Us

Twitter @rptelaw

Featured RPTE Book of the Month

The Sublease and Assignment Deskbook: Legal Issues, Forms, and Drafting Techniques for Commercial Lease Transfers, Second Edition
Brent C. ShafferSublease

Organized for ease of use, this deskbook provides in-depth guidance to the multitude of problems and issues that can arise when a lease is transferred in part by a sublease or in its entirety by an assignment. Written by members of the Assignment and Subleasing Committee and other Leasing Group committees of the ABA Section of Real Property, Trust and Estate Law, The Sublease and Assignment Deskbook reviews specific subleasing and assignment problems and case law in a practical context while offering strategies and drafting techniques for dealing with them.

This compendium contains extensive form prime lease transfer clauses, subleases, assignments, recognition agreements and related documents taken from actual documents from a number of leasing attorneys. These documents, also included on CD-ROM, demonstrate alternative drafting approaches and techniques for specific situations. This updated edition features new chapters and additional forms and clauses, in addition to revisions to materials from the first edition, including the lessons learned and the impact of the real estate recession.

Click here to purchase this book today!
Regular price: $159.95, RPTE member price: $129.95

- PDF of the entire April 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 acissegreen@akingump.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 RPTE eReport. Susan and Michael 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 Association