eReport | A Bi-Monthly Electronic Publication for the ABA Section of Real Property, Trust & Law Members | American Bar Association
RPTE eReport for August 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




Silver Anniversary of the RPTE Spring Symposia

Join us at the Ritz Carlton in "Sweet Home Chicago" May 1-2, 2014 for the 25th Anniversary of the Spring CLE Symposia. Get ready to celebrate the only way the Windy City knows how - big!

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 November 8 webinar "Interviewing Wisely in a Challenging Market."

Comments to the IRS

The Estate and Gift Tax Committee submitted comments to the IRS requesting the expansion of 9100 Relief in two situations related to making the portability election for estates under the threshold in Section 6018(a) for being required to file a Form 706. Read more about their submission.

Fundamentals of Commercial Real Estate Program

These program sessions are now available as on-demand webinars. This program is perfect for paralegals or new lawyers in the field of real estate law, and covers topics such as purchase and sale agreements, due diligence, leasing, financing, surveying, title insurance, and property development. The sessions are available as MP3 files or CDs, and can be ordered individually or as a series. Visit our webpage for more information.

Final Session of Our 2013 Paralegal eLearning Series

Don't miss the final session of our yearlong Paralegal eLearning Series on November 13. RPTE leadership members Beth Wood, Liz Ochoa and Ray Prather will present a "Best Practices" teleconference on ethical issues and estate planning documents for mistakes. Register here.

Thank You to the 2013 Fall Leadership Meeting Sponsors

RPTE's Fall Leadership Meeting, November 7-9 in New Orleans, would not be possible without the support from our sponsors. View this year's sponsors. If you are interested in sponsorship opportunities, please contact Bunny at

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Young Lawyers Network  YOUNG LAWYERS NETWORK

Spotlight on Sorell Negro, 2012-2014 Fellow

Fellow Sorell Negro, winner of the 2013 Jefferson B. Fordham Up & Comers Award from the ABA Section of State and Local Government Law, details her experience as an RPTE Fellow in this article.

YLN Update

Be sure to check out the YLN column in each issue of Probate and Property. The YLN column provides useful insights and practice pointers for young lawyers relating to practice management and business development. Previous articles have covered issues such as becoming involved in professional/trade organizations, common pitfalls for junior attorneys, and time-keeping best practices. YLN Co-Chairs Joseph Lubinski (RP) ( and Robert Nemzin (TE) ( encourage any young lawyers interested in writing an article or otherwise interested in becoming more involved with YLN to contact them at the email addresses above.

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Law Students  LAW STUDENTS

Law Student Writing Contest Winners Announced

The winners have been chosen for the 2013 Law Student Writing Contest! View the winners, their paper titles, and prize information. Thanks to all who entered!

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Regulation of Attorneys Providing Closing Services

October 23


Paralegal eLearning Session 10: Best Practices

November 13

Professors' Corner: Ownership and Transfer of Digital Assets

November 13


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

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Articles of Interest  ARTICLES OF INTEREST

real property trust and estate

FHA Multifamily Programs Closing Guide Revision Limits HUD Field Office Discretion on HUD Loan Transactions

Edward J. Campbell
In this article, Edward J. Campbell describes the recently revised FHA Multifamily Programs Closing Guide issued by U.S. Department of Housing & Urban Development (“HUD”) and the impact of such revisions on closing HUD transactions.

Proposed “Skin in the Game” Rule Modified by Federal Agencies

Brian P. Gallogly and James H. Hahn
This article discusses the recently revised proposed rule implementing the risk retention requirement of the Dodd-Frank Act.

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ACTEC Musings

Steve R. Akers
Steve Akers reports his observations from the seminars of the 2013 summer meeting of The American College of Trust and Estate Counsel – one of its central purposes is to study and improve trust, estate and tax laws, procedures and professional responsibility.

2013-14 Priority Guidance Plan Has a Surprise for Private Foundations

Grace Allison
The joint Treasury IRS 2013-2014 Priority Guidance Plan has two new items under Exempt Organizations – Guidance relating to measurement of an organization’s primary activity and whether it is operated primarily for the promotion of social welfare, including guidance relating to political campaign intervention; and Guidance regarding a private foundation’s investment in a partnership in which disqualified persons are also partners.

Steinberg v. Commissioner: Cutting the Cord on McCord

Ronni G. Davidowitz and David Goldstein
The authors summarize and highlight the key points of the Steinberg case, a recent net gift case decided by the US Tax Court. In reversing the McCord case, the court held that the value of a gift may be reduced by the donees’ assumption of the potential estate tax liability of the donor’s estate.


Summary of Revenue Ruling 2013-17

Ray Prather
This practice alert summarizes Revenue Ruling 2013-17 describing how the Internal Revenue Service will implement United States v. Windsor.

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Technology & Law Practice Management  TECHNOLOGY & LAW PRACTICE MANAGEMENT

Astroturfing: Fake Online Reviews are Bad News for Law Firms!

Brian C. Focht
Are you concerned with the massive number of fake reviews for businesses online these days? Not only are restaurants and salons being reviewed by fake people, but law firms have now been added to the mix. Brian Focht, author of The Cyber Advocate blog, gives his opinion on this topic, along with suggestions on how to prevent your firm from going down this treacherous road.

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Technology & Law Practice Management  GROUP AND COMMITTEE NEWS

real property trust and estate

Hospitality, Timesharing & Common Interests Development Group

This Group's four Committees focus on specialty real property development, consisting of timeshare, hospitality, gaming/entertainment venues and community association regimes. Committees pursue issues and topics such as the acquisition, disposition, operation and financing of these special types of development. Learn more about this Group and its activities.

Special Investors & Investment Structure Group

This Group addresses specialized investments in real estate, including pension plan investments, insurance company investments and international investment in real estate. The Group also addresses specialized structures for investment and financing, including limited liability companies, partnerships, REITs, land trusts and real estate investment funds. View recent Group activities.

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Non-Tax Estate Planning Considerations Group

This Group’s six Committees focus on estate planning, and estate and trust administration issues other than federal taxation. Committee work ranges from topics like alternative dispute resolution/planning for the chronically ill to practice management and estate-settlement software. Read more on this Group.

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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

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Book of the Month 

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

Brent C. Shaffer

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.

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Purchase this book today!

Regular price: $159.95
RPTE member price: $129.95


Downloads  DOWNLOADS


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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.