RPTE eReport for December 2013



Section News

Young Lawyers

Law Students

Upcoming Programs

Articles of Interest:
  Real Property
  Trust & Estate
  Practice Alert

Technology & Law
Practice Management

Group & Committee

Featured RPTE
Book of the Month


Learn About and Contribute to the





Sponsorship Opportunities for the 2014 Spring Symposia

Is your company interested in being part of the 25th Anniversary of the Spring Symposia, held in Chicago, May 1-2, 2014? Download the sponsorship informational packet and get involved today! For more information, email staff member Bunny Lee.

48th Annual Heckerling Institute on Estate Planning

If you plan on attending this annual estate planning conference, be sure to stop by and visit RPTE at booth 316. We offer the lowest prices on our books of the year at this conference- don't miss out!

The Paralegal eLearning Program Launches New Sessions for 2014

This professional development series is focused on the needs of paralegals and legal assistants working in the areas of trust and estate law. The 2014 program is called ‘Til Death Do We Part – Estate Planning During the Client’s Lifetime. Attendees will learn substantive legal and ethics issues – as well as best practices – from leading industry professionals with in-depth knowledge and hands-on experience in trust and estate law. For more information, visit ambar.org/RPTEparalegal.

New Career Webinar Free for Members

CareerAdvice Live! is a free monthly webinar series that offers practical tips on selected topics — some for seasoned lawyers and others for new lawyers or law students. Register for the January 10 webinar "Motivating Your Supervisors to Give It to You Straight".

Announcing the New 2014 Fundamentals of Commercial Real Estate Program

This eCLE series is a comprehensive introduction to commercial real estate, focusing on issues as they relate to leasing, title insurance, legal opinions, financing, and operating agreements. It features five 90-minute webinar sessions of continuing legal education programming specifically designed for attorneys who are new to the field of real estate law. The program starts in January and attendees can register for the entire series or individual sessions. For more information, visit ambar.org/RPTEfundamentals.

Back to Top

 FacebookLinkedInTwitter @rptelaw

Young Lawyers Network  YOUNG LAWYERS NETWORK

YLN Update

The ABA and the Section provide a wide variety of educational materials for young lawyers. In addition to our regular YLN column in Probate & Property magazine, the YLN encourages members to check out the Section's Fundamentals of Commerical Real Estate eCLE series, which will begin in 2014. The YLN also has plans for Group calls during 2014 – be on the lookout for further information! As always, YLN co-chairs Joseph Lubinski (RP) (lubinskij@ballardspahr.com) and Robert Nemzin (TE) (nemzin@butzel.com) encourage any young lawyer interested in writing an article or otherwise interested in becoming more involved with YLN to contact them at the email addresses above.

Back to Top


Law Students  LAW STUDENTS

Are You Taking Full Advantage of Your Membership?

Do you know all the benefits that come with your RPTE law student membership? Be sure you are making the most out of your $5 dues by visiting the law student webpage.

Back to Top




Peierls of Wisdom: An Analysis of the Delaware Supreme Court Peierls Opinions and Their Impact on the Migration of Trusts to Delaware

January 9, 2014

Navigating Hotel Management & Franchise Agreements : Overview of Highly Negotiated Terms & Conditions

January 22, 2014

Planning for Long-Term Care

January 23, 2014

Fundamentals of Commercial Real Estate
Session 1- The Next Steps in Title Insurance for Real Estate Lawyers

January 29, 2014


Save the Date: Professors' Corner

January 8, 2014

Paralegal eLearning Program
Session 1- Introduction to Estate Planning

January 30, 2014


Save the Date: 25th Anniversary of the RPTE Spring Symposia

May 1-2, 2014
Chicago, IL

Save the Date: Skills Training for Estate Planners CLE Program

July 14-18, 2014
New York, NY

To view a complete list of upcoming programs, visit www.ambar.org/rpteCLE

Back to Top


Articles of Interest  ARTICLES OF INTEREST

real property trust and estate

Title Company Escrow Check: Now You See It, Now You Don’t

Vicki R. Harding
How safe is an escrow closing? Learn more about some risks you may not have considered from Ms. Harding’s article discussing the ins and outs of provisionally credited funds and fraudulent transfer law.

Three Recent Developments in Estate Tax Liens – How "Secret" Liens on Real Estate (and Other Assets) Must Be Considered

Steven B. Gorin
Nothing is certain but death and taxes, but what about secret liens? Steve Gorin shares some secrets with us all in his article on estate tax liens.

Back to Top


Steinberg v. Commissioner, 141 T.C. No. 8 (Sept. 30, 2013)

Steve R. Akers
The Tax Court, in Steinberg v. Commissioner, rejected the IRS’s motion for summary judgment to deny gift offset for a donee’s assumption of potential estate tax liability under § 2035(b) attributable to a gift if the donor dies within 3 years. Steve Akers provides a through summary of the court’s decision.

Working with US Beneficiaries of Foreign Trusts

Landon Perkinson
Beneficiaries of foreign trusts must comply with unique reporting and tax requirements that most beneficiaries do not. Landon Perkinson provides an overview when a trust is considered a foreign trust and the pitfalls practitioners face when working with US beneficiaries of foreign trusts or gifts.


Frank Aragona Trust v. Commissioner: Guidance at Last on The Material Participation Standard for Trusts?

Dana Foley
The IRS has issued regulations on the 3.8% “Medicare Tax,” but has not provided information on the material participation requirements for estates and trusts. Dana Foley reviews the history of the material participation requirements in the fiduciary context and provides some thoughts on where future rulings and regulations may take it.

Back to Top


Technology & Law Practice Management  TECHNOLOGY & LAW PRACTICE MANAGEMENT

Practical Perspectives on Transitioning to the Future of Estate Planning: “Paperless versus Paper-Lite” for Estate Planners

Ann Gorr and Martin M. Shenkman
In today’s high-tech world, estate planners have to learn to tailor their practices accordingly and to meet a client’s ever-changing demands as a result of the constant change in technology. This article provides some introductory tips that planners can use to move their practices to a “paper-lite” practice and maximize the use of technology.

Back to Top


Technology & Law Practice Management  GROUP AND COMMITTEE NEWS

real property trust and estate

Real Estate Financing Group

The Real Estate Financing Group is devoted to assisting attorneys in financing techniques involving real estate as collateral. Committees within this group are dedicated to mortgage lending, including construction lending and securitizations, and legal opinions issued in connection with these financings, as well as legal issues and developments in real estate workouts, foreclosures and bankruptcies. Learn more here.

Back to Top


Litigation, Ethics and Malpractice Group

The Litigation, Ethics and Malpractice Group devotes it efforts to issues involving trust, estate and fiduciary litigation matters. The Group also address ethics issues affecting trust and estate lawyers and malpractice issues (including malpractice avoidance) that may affect them. Read more about this Group and it's two subcommittees.

Back to Top


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.

Back to Top



Book of the Month 

A Guide to International Estate Planning, Second Edition

Leigh-Alexandra Basha

With the explosive growth in international investments, more and more lawyers and financial advisors realize the acute need to properly address critical issues of international estate planning for their clients. Whether you are counseling a foreign national or an American citizen, whether your practice is in the U.S. or abroad, whether you want to develop a general expertise in the area or are confronted by these issues on a more frequent basis, A Guide to International Estate Planning is a necessary and practical resource to help you identify and navigate many of the complex planning and regulatory compliance issues, both legal and tax, involved in international estate planning.

In addition to providing a complete overview of the basic principles and procedures of international asset management from addressing the conflict of laws issues that are central in determining which country’s laws will govern the disposition of a donor or decedent’s wealth to the basic transfer tax rules for nonresident aliens, U.S. citizens, and resident aliens, this resource teaches you proven strategies, techniques, and practical applications you can use to effectively meet your client’s international estate planning needs. This updated edition now includes chapters on FATF and anti-money laundering and offshore compliance, as well as chapters from several foreign jurisdictions to provide comparative insights on different topics.

Back to Top


Purchase this book today!

Regular price: $169.95
RPTE member price: $149.95


Downloads  DOWNLOADS


Back to Top

American Bar Association

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.