RPTE eReport 2021 Winter Issue

Real Estate

Ten Bankruptcy Code Amendments Included in Latest Appropriations Bill

David Warfield and David Farrell

The Pandemic has resulted in some changes to the Bankruptcy Code of interest to real estate practitioners.  This article by David Farrell and David Warfield highlights key amendments.

Trusts & Estates

Pennsylvania Permanently Allows Remote Notarization of Documents

Amanda DiChello and Donna Goldsworthy

Pennsylvania has become the 30th state to make remote notarization a permanent option.  As Amanda DiChello and Donna Goldsworthy report, however, remote witnessing is not authorized, leaving open many practical and legal questions about executing estate planning documents.

Real Estate

CFPB Issues Final Debt Collection Rule – Key Considerations for Debt Collectors

Bryan M. Mull

The Fair Debt Collection Act is implicated when a “debt collector” pursues collection from a residential tenant, home mortgage borrower or other consumer or debtor protected by the Act. In this Article, Brian Mull provides an overview of recent guidance from the Consumer Financial Protection Bureau (CFPB) regarding proper communications with debtors under the Act in the age of modern technology.   

Trusts & Estates

Homesteads in Trust Safe from Creditors If...

James V. Roberts

Is a home in Texas safe from creditors if it is owned by a trust?  That may depend on the terms of the trust.  Jim Roberts summarizes the recent decision In re Cyr from the US District court, Western District of Texas.

Real Estate

Certain Senior Living Facilities Can Elect Out of the Business Interest Limitation

Cynthia J. Mitchell, Steven Richman, and Michael P. Lobie

As further discussed in this piece, Revenue Procedure 2021-9 provides a safe harbor allowing a senior living facility owner or operator to elect out of a limitation on the annual amount of “business interest” deductible.

Trusts & Estates

Uniform Law Commission RPTE Projects

Benjamin Orzeske

Benjamin Orzeske, counsel to the Uniform Law Commission, provides an update on current projects of interest to Trust and Estate practitioners.

Real Estate

Real Estate M&A Tumbles, Despite Bright Spots in Healthcare and Logistics

Gene Leone and David Pezza

Real estate portfolios exposed to hospitality and retail assets have struggled through COVID-19 lockdown periods, but healthcare and logistics investments have performed strongly. This article provides an insightful review of this phenomenon.

Trusts & Estates

The Current State of Estate and Gift Tax Law – with a focus on New York

Robert Steele and Suzanne Thau

Robert Steele and Suzanne Thau look at the current state of estate and gift tax law – with a focus on New York – and discuss possible changes in the coming year.

Real Estate

Uniform Law Commission RPTE Projects

Benjamin Orzeske

Benjamin Orzeske, counsel to the Uniform Law Commission, provides an update on current projects of interest to Real Property practitioners.

Practice Management

Estate Planning Steps to Take In These Covid Times: Special Considerations for Those with Long Haul Covid and Other Neurological Conditions

Suzanne Thau, Esq. and Martin Shenkman, Esq.

Suzanne Thau and Martin Shenkman address estate planning considerations with an emphasis on planning in light of the Covid pandemic, and they also specifically address special considerations for those suffering from Long Haul Covid, Alzheimer’s disease, and other neurological conditions.

Diversity & Inclusion

Proceedings of RPTE Diversity Inclusion, and Equity: Terrence Franklin Contributes His Expertise

René Morency

This article recounts the updates that Franklin shared with RPTE’s Diversity and Inclusion Committee and the context for those updates.

Diversity & Inclusion

The Impact of COVID-19 on Communities of Color

Real Property Trust and Estate Section Diversity and Inclusion Committee

RPTE Diversity & Inclusion Committee Hosts Presentation on the Impact of COVID-19 on Communities of Color.

Professional Development

Events & CLE

Commercial Real Estate Series; Paralegal Education; Real Estate Financing; Mortgage Documents; The ABA Section of Real Property, Trust and Estate Law offers CLE programs at live events and during numerous teleconferences/webinars each year.

Real Property Trust and Estate

FREE Monthly Group and Committee Calls

Group and Committee conference calls are a complimentary benefit of Section membership.

Real Property Trust and Estate

RPTE Sponsorship

Are you looking for ways to elevate your brand, build referrals and grow business?

Law Students

Law Student Writing Competition

The goal of the RPTE student writing contest is to encourage and reward law student writing on the subjects of real property or trust and estate law. It is designed to attract students to these law specialties, and to encourage scholarship and interest in these areas. Articles submitted for judging are encouraged to be of timely topics and have not been previously published. This contest is open to all J.D. and LL.M students currently attending an ABA-accredited law school.

Fellows Program

The Section of Real Property, Trust and Estate Law (RPTE) Fellows Program encourages the active involvement and participation of young lawyers in Section activities.

Real Property Trust and Estate

RPTE Deliberate Well-being Campaign

The RPTE Deliberate Well-Being campaign focuses on information you can use to balance the demands of the profession. “Deliberate” recognizes what we, as lawyers, do best: developing and implementing careful strategies aimed at achieving specific objectives. The campaign addresses what we often do not do well, which is caring for ourselves. A sustained commitment to activities that enhance our personal welfare will benefit us both individually and professionally. Join us as we take an active and intentional role toward a healthy life amidst a fulfilling legal career.

Real Property Trust and Estate

33rd Annual RPTE National CLE Conference

We will bring people together for networking, education, and discussion of national topics in Real Estate and Trust and Estate Law.