Real Property and Probate and Trust Themes for the 1997 Calendar

To encourage readers to write articles for the magazine and to assist Section committees in planning their publication projects, Probate & Property has adopted the following editorial theme calendar for 1997. Each issue will include one or two probate articles and one or two property and trust articles related to the issue's themes, but will also include other articles of general interest. Suggested article topics are listed with the themes, but the editors will consider all articles related to a theme.

Publication deadlines require that articles editors receive drafts of articles several months before publication of an issue. The magazine's "Memorandum for Authors" gives more details on the format, length and style of the articles. The memorandum may be obtained from the Section office.

Readers are invited to submit articles for consideration, both on the listed themes and on other topics.


Leasing and Property Management:
Ground leases. Lender protection provisions. Tenants as employees. Implied covenant of good faith and fair dealing. Build to suit and tenant improvement provisions. Property management agreements. Letters of intent. Warranty of habitability. Conflicting CAM charge provisions. Premises liability. Forms of security deposits. Will and Trust Drafting: Drafting the dispositive provisions. Use of "boilerplate. " Tax related drafting. Trustee and personal representative provisions (e.g., bonds, powers, compensation, removal, conflicts of interest, indemnification, accountings and successors). Tax apportionment clauses. Issues in drafting revocable and irrevocable trusts.
Due By 7/15/96

Tax Planning:
Current developments in wealth transfer planning. Marital deduction. Charitable deduction. Income taxation of trusts, estates and employee benefit plan distributions. Generation- skipping transfers. Chapter 14. Decedent s final income tax return. Conservation easements. Planning for state death taxes. Valuation of assets. Life Insurance. Post-mortem planning.

Recreational Real Estate:
Development and financing issues. Golf and equestrian communities. Easements and covenants. Club memberships. Time- shares. Common interest communities.
Due By 9/1/96

Buying and Selling Real Estate:
Representations and warranties. Disclosure. As is, where is, with all faults clauses. Listing agreements. Broker regulation. Indemnities. Defaults and remedies.

Caring for the Elderly and Disabled:
Asset management. Special problems of the elderly and disabled. Use of guardians and conservators. Long-term health care issues. Special needs trusts and other protective vehicles. Financial planning. Evaluating life insurance and long-term care policies.
Due By 11/15/96

Small Firm/Solo Practice:
Law office management. Ethics. Technology. Billing arrangements. Marketing a law firm. Estate and gift tax calculations. New software. New developments in hardware.

Security of confidential communications:
cellular phones, faxes and e-mail. Computer service/maintenance contracts. Timekeeping and billing systems. Use of the Internet in a law practice. Computerized fiduciary accounting systems. Communication with co-workers and clients. On-line versus CD-Rom research.
Due By 12/15/96

Estate and Trust Administration: Choice of fiduciary. Fiduciary litigation (e.g., construction of documents and accountings). Compensation of fiduciaries and their advisors. New developments on elective share, creditors' rights, conflicts of laws, antilapse statutes and ancillary probate. Ethical issues in representing the fiduciary. Trustee liability for improper distributions and other breaches. Fiduciary environmental problems. Fiduciary investments.

Real Estate Financing:
Loan document provisions. Alternative financing sources. Non-recourse provisions. Guaranties by corporate affiliates. Prepayment charges. Local counsel role in multi-state loan transactions.
Due By 3/15/97

Real Estate Taxation:
1031 like-kind exchanges. Tax management.
Due By 5/15/97

Valuation of contaminated properties. Valuation appeals. Using bankruptcy to avoid real estate taxes.

Employee Benefits:
Qualified and non-qualified plans. Disa- bility and health insurance. Loans from qualified plans. Recent developments on employee benefits. Distributions from plans. Designating beneficiaries. Planned benefits payable to trusts. Divorce planning. Legislation and regulations affecting estate planning and probate administration of employee benefits. Welfare benefit plans. Administration and litigation. Plan termination insurance. Employee stock ownership plans. Executive compensation.

Probate & Property Magazine is published six times annually and is included in section members' annual dues.