RPTE eReport | December 2012

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  • A Bi-Monthly Electronic Publication for Section Members
  • December 2012

Section News

Sponsorship Opportunities for the 2013 RPTE Spring Symposia CLE Meeting
Would your law firm be interested in sponsoring the 24th Annual Spring Symposia CLE Meeting, held May 2-4, 2013 in Washington, DC? Download the sponsorship brochure to learn more.

Section Diversity Awards
Every year the Section honors a RPTE Group/Committee that promotes the Section's goals of advocating diversity. This year, the Leasing Group was selected. Read more about their efforts at this link.

Paralegal eLearning Training Program
This first-ever program will offer paralegals, legal assistants, and others working in the area of trust and estate law valuable legal and ethical personal development information. Register for this program on the Paralegal eLearning webpage.

2013 Fundamentals of Commercial Real Estate
This series specifically designed for attorneys new to the field of real estate, will feature five 90 minute CLE sessions with a focus on purchase & sale agreements, due diligence, leasing, financing, surveying, title insurance and property development. Registration is now available on the program page.

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

Thank You 2012 Fall Leadership Meeting Sponsors!
The Section is extremely grateful for the 2012 Fall Leadership Meeting sponsors. Learn more about them here!

Articles of Interest

trust and estate

Trust & Estate

Trustees Beware: UTC Power to Adjust Not a Tool to Get Money to Beneficiaries
Mark Parthemer
Mark Parthemer warns trustees that replacing “lost” income in these tough economic times is not a proper use of the power to adjust between principal and income.

Ethical Considerations for Attorneys Who Offer Financial or Insurance Products
Jay Adkisson
Jay Adkisson provides an overview of the ethical and technical issues faced by attorneys who provide both legal and financial services to their clients, including potential liability for attorneys who engage in non-legal planning transactions.

Planning for Nontraditional Families
Wendy Goffe
A “non-traditional family” is a catch-all phrase that includes unmarried couples (homosexual or heterosexual), with or without children, a stepfamily, children from the prior marriages or relationships of one or both of the partners, and the Living Apart Togethers, i.e., couples who maintain entirely separate residences. Wendy Goffe highlights important issues for nontraditional families that may not be applicable to the “traditional family.”

Trust and Estate Practice Alerts

Business Planning Group
The Business Planning Group provided four updates in their practice alert on defined value formula clauses, special use valuation elections, contributions to a single member LLC wholly-owned by charity, and the effect of state common law on taxes.

real property
Real Property

Do You Really Know A “Holdover” Tenant When You See One?
Ira Meislik
In this article, Ira Meislik explains that in order to understand what a holdover tenancy is, first you must know what it is not.

The “Person Entitled to Enforce”: Lessons Learned from BAC Home Loans Servicing v. Kolenich
Dale Whitman
Standing to foreclose continues to be litigated.   In this case brief, Dale Whitman summarizes a recent decision that helps bring clarity to the subject.

Committees Release the Real Estate Finance Opinion Report of 2012
Edward J. Levin
Author Edward Levin provides an update on the status of the Real Estate Finance Opinion Report of 2012.

Government Agency Options
Edward J. Levin
Author Edward Levin identifies resources helpful in responding to Government Agency opinion requests.


Technology & Law Practice Management

Smartphones for Lawyers 2.0
Robert D. Steele and Tony Gjata

eReport Editor Robert Steele, along with his co-worker Tony Gjata, update their 2011 article on the latest smartphone options for lawyers. They note the increasing trend toward the iPhone and the emergence of very popular Android based phones.

Upcoming CLE

Live In-Person CLE:
Philadelphia Community Outreach Program: Commercial Real Estate/Trusts and Estates 101 CLE Program
Programs are held the third Tuesday of every month,
January - April 2013
Philadelphia, PA

24th Annual RPTE Spring Symposia CLE Meeting
May 2-4, 2013
Washington, DC

eCLE Programs:
Fundamentals of Real Estate eCLE Series
Purchase and Sale of Commercial Real Estate

Programs begin January 15, 2013

Construction Contact: Why the Forms Are Not Enough
January 23, 2013

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.

Have you heard? We joined Twitter! We have occasional contests on our social networking sites where you can win free RPTE eCLEs or even a RPTE book!

Join Us

Twitter @rptelaw

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.

Group and Committee News

Real Property
Real Estate Financing Group
From preparing for an upcoming eCLE series to articles published in both Probate & Property and the RPTE Law Journal, this Group has numerous updates to share.

Trust & Estate
Litigation, Ethics and Malpractice Group
This Group discusses its upcoming conference calls, along with the CLE programs planned for the 2013 RPTE Spring Symposia. Read more here.

Volunteer Opportunities

volunteer opportunities

Help Promote @rptelaw on Twitter!
Are you on Twitter and interested in helping the Section grow it's following? We are looking for RPTE members to both follow and retweet us. Do you have suggestions on people or firms to follow? Email Hillary Clark with your ideas. We appreciate your help on this venture!

Young Lawyers Network

Spotlight on the 2012-2014 Class of Fellows
First-year Real Property Division Fellow Keya Koul and Trust & Estate Division Fellow Robbie Barton discuss their goals for their RPTE Fellowship. Read more here.

Law Students

Law Student Benefits
Learn about what your $5 law student dues can do for you! Visit the law student webpage.

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.

Featured RPTE Book of the Month

Land SurveysLand Surveys: A Guide for Lawyers and Other Professionals, Third Edition
Mitchell G. Williams

Complete and accurate land surveys are of fundamental importance in nearly all real estate transfers, yet they are one of the least understood elements in the transaction. Now completely updated to include important developments since the prior edition, Land Surveys: A Guide for Lawyers and Other Professionals provides practical guidance from experts in all related fields, including real estate law, title insurance, surveying, civil engineering, and real estate lending.

Well-written and thorough in its coverage, this book discusses the most important aspects of land surveys and how to understand and use them in real estate transactions. It covers all key elements that are critical to the effective and knowledgeable use of surveys, starting with why a survey is needed and progressing to the more complex aspects of selecting a surveyor, understanding the qualification and certification process, and knowing what to expect from the survey and survey certificate.

Click here to purchase this book today!
Regular price: $139.95, RPTE member price: $109.95.

- PDF of the entire December 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.

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