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

Section News

2013's Successful Spring Symposia!
The Section’s 24th Annual Spring Symposia in Washington D.C. received rave reviews from the more than 400 attendees. The two-day CLE programs featured a variety of leading practitioners and Washington insiders who shared valuable insights on recent developments and future trends. The reception at the National Portrait Gallery on May 2 proved to be an excellent venue for socializing, networking and viewing art. Photos from the Symposia have been posted to our Facebook page- check them out here!

Thank You to the 2013 Spring Symposia Sponsors
The meetings would not be possible without the generous support of our sponsors- thank you!!

RPTE Programming at the ABA Annual Meeting
Will you be attending the ABA Annual Meeting in San Fransisco? If so, plan on attending our RPTE sponsored CLE programming. Read more about our programs in this link.

Registration for the Skills Training for Estate Planners CLE Program Closes June 28
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. This successful program would not be possible without the support of our 2013 sponsors!

What's so Special About June 14?
June 14 is the deadline for the following RPTE special events: the final day to enter the RPTE Law Student Writing Contest and the final day to submit an application for the RPTE Fellows Program.

June Conference Call Calendar
Have you participated in a free RPTE group/committee sponsored conference call? View the remaining June 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

Maryland Changes Law Relating to IDOTs and Refinancings
Edward J. Levin
In this article, Ed Levin reports on recent changes affecting the recording tax due in connection with Maryland Indemnity Deeds of Trust.

CERCLA Liability – Current Owner’s Inaction Bars Liability Defense
Ryan Elliott
Ryan Elliott discusses a recent case on the “appropriate care” required for the bona fide prospective purchaser’s defense.

trust and estate
Trust & Estate

The Hybrid Domestic Asset Protection Trust
Steven J. Oshins
The Domestic Asset Protection Trust (“DAPT”) is a very popular estate planning technique these days, particularly given the large number of states that have now enacted DAPT legislation. In this article, Steve Oshins discusses the use of a Hybrid DAPT which can be used to increase the odds of success of a DAPT. Oshins also provides his 4th Annual DAPT State Rankings Chart.

Enduring Strategies for Same-Sex Couples in an Evolving Landscape
Gail E. Cohen and Erin Gilmore Smith
Windsor v. U.S. and Hollingsworth v. Perry are two cases currently before the U.S. Supreme Court which may radically change the outlook for same-sex couples. This article examines the details of these two cases and provides a brief review of the estate planning techniques that same-sex couples may wish to adopt in order to minimize transfer taxes, protect their assets and provide for future incapacity. Also included is a state-by-state analysis of same-sex unions in the United States.

Deadline To Send ACA Summary of Benefits & Coverage (SBC) Adds Pressure For Employers To Finalize 2014 Plan Designs As Agencies Add MEC & MV Disclosures To SBC
Cynthia Marcotte Stamer
This article examines the Patient Protection and Affordable Care Act’s new deadlines to update and deliver required Summary of Benefits and Communications disclosures before the beginning of the enrollment period for coverage to be provided in 2014.

Trust and Estate Practice Alerts

What Duties do Trustees owe the Remainder Beneficiaries of Revocable Trusts?
Non-Tax Estate Planning Considerations Group
The Non-Tax Estate Planning Considerations Group describes three recent cases addressing the trustee’s duties to revocable trust beneficiaries.

Upcoming CLE

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

Estate Planning for the Family Business Owner
July 10-12
Chicago, IL

ABA Annual Meeting
August 8-13
San Fransisco, CA

eCLE Programs:
The Mathmatics of Estate Planning
June 18

You Want WHAT Opinions from Us? A Look at the Real Estate Finance Opinion Report of 2012
June 19

Hydraulic Fracturing
June 26

DOMA (webpage coming soon!)
July 9

Paralegal eLearning Program
Session 8: Estate Litigation Part I (Pure Litigation Matters)
July 10

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
Land Use and Environmental Group
The Land Use and Environmental Group is producing two CLE programs at the upcoming ABA Annual Meeting. Read more here.

Legal Education and Uniform Laws Group
Learn more about the popular "Professors' Corner" monthly free conference calls and the Group's uniform law drafting projects by clicking here.

Trust & Estate
Business Planning Group
Nearly 500 committee members strong, the Business Planning Group is one of the Section's largest Groups. Learn more about their strong CLE presence 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.

Young Lawyers Network

Apply for a RPTE Fellowship Position by June 14
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


Entries for the Law Student Writing Contest Due June 14
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.

Volunteer Opportunities

volunteer opportunities

Join our Discussions on LinkedIn!
Join the RPTE Group on LinkedIn to follow discussions, post articles and job openings, and connect with other RPTE lawyers. Click here to view the group.

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 Advisor's Guide to Long-Term Care
R. David Watros and Erik T. Reynoldslong-term care

Waiting to address long-term care needs until the point one actually needs care is too late, as it significantly impacts a client's financial situation, quality of life of their loved ones, and their ability to maintain their independence. Incorporating long-term care insurance into the financial plan can ultimately help protect assets reduce the burden of care that would otherwise fall on family members, and enable the client to receive care in the setting they most prefer, including their home. The Advisor's Guide to Long-Term Care looks at the full range of the topic, explaining how to best use it in the estate plan as a prudent risk-management choice.

Statistics point to the high probability that people are likely to need extended health care at some point in their life. The Advisor's Guide to Long-Term Care is intended to help estate planners and advisors to address these issues with their clients, establishing the issues and trends for care and covering all relevant issues involved in the funding and planning for this insurance. This helps the advisor establish a plan that will place the family back to where they were emotionally, physically, and financially, as best as possible prior to a long-term care event occurring. Starting with the funding of long term care, one of the most essential important factors to consider, the authors clearly explain the different options for self-funding, governmental programs such as Medicare, Medicaid, veteran's benefits, and the Federal Long-Term care insurance program, as well as other funding considerations. Tables and figures make the details involved in these choices clear and accessible.

Click here to purchase this book today!
Regular price: $79.95, RPTE member price: $69.95

- PDF of the entire June 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