Probate & Property Magazine (33:02)

New Attorneys

Young Lawyers Network

American Bar Association - What You’re Missing in Your Estate Planning Sales Pitch

Uniform Laws Update

The Model Abandoned Property Act

Keeping Current—Property

Keeping Current—Property offers a look at selected recent cases, literature, and legislation. The editors of Probate & Property welcome suggestions and contributions from readers.

Keeping Current—Probate

Keeping Current—Probate offers a look at selected recent cases, literature, and legislation. The editors of Probate & Property welcome suggestions and contributions from readers.

Formalizing Decades of Practice: The Uniform Trust Code Comes to Colorado

After an unsuccessful attempt in 2005 to pass the Uniform Trust Code (UTC) in Colorado, Governor Hickenlooper signed Senate Bill 2018-180 into law on April 26, 2018, making Colorado the 33rd state to enact the UTC. Known as the Colorado Uniform Trust Code (CUTC) and found in Article 5 of Title 15 of the Colorado Revised Statutes, the CUTC became effective January 1, 2019, and will enable Colorado trust law to formally keep pace with developments in other states.

Online Tools under RUFADAA: The Next Evolution in Estate Planning or a Flash in the Pan?

Technology—Probate provides information on current technology and microcomputer software of interest in the probate area. The editors of Probate & Property welcome information and suggestions from readers.

A Defense of Dashes—and (a Paean to) Parentheses

The Last Word Editor: Marie Antoinette Moore, Sher Garner Cahill Richter Klein & Hilbert, L.L.C., 909 Poydras Street, Suite 2800, New Orleans, LA 70112.

Trusts & Estates

Estate Planning for Mary Jane and Other Marijuana Users

Gerry W. Beyer and Brooke Dacus

The article describes the impact on estate planning caused by the increased legalization of medical and recreational marijuana.

Real Estate

On Financing an Unsubordinated Ground Lease in the Twenty-First Century

Jerome D. Whalen

A look at the issues raised for the landlord, tenant, and lender when the developer seeks mortgage financing for a project on a leasehold estate, and how a mortgage of the fee by the landlord may affect the leasehold.

Personal Taxation

Retirement Account Freebies: Taking Penalty-Free Withdrawals

Brent W. Nelson

While the 10 percent tax is meant to be a barrier to early withdrawals from qualified retirement plans, the options for avoiding it are numerous and strictly circumscribed.

Partnerships & LLCs

The Impact on Real Estate Lenders of Delaware Limited Liability Company Act Changes

Eugene A. DiPrinzio and Brent C. Shaffer

Real estate lenders need to be aware of the 2018 amendments to the Delaware Limited Liability Company Act, which permit LLCs to divide and establish registered series.

Business & Corporate

Three Options for a Private Business in a Divorce

Justin T. Miller

Dealing with a private business in a divorce can make the marital dissolution process even more challenging, so it is important for practitioners to understand the pros and cons of the three most common strategies for addressing private businesses in divorce.

Trusts & Estates

Burying Contracts of the Dead

William A. Drennan

Impersonal contracts of the dead generally survive, but numerous reported cases may provide opportunities to bury these contracts and avoid economic senselessness.