RPTE July eReport


2017 Joint Fall CLE Meeting

We welcome the ABA Section of Taxation and the RPTE's Trust and Estate Law Division to the 2017 Joint Fall CLE Meeting, September 14-16, 2017! Join us and take advantage of the opportunity to meet with the country’s leading attorneys and government officials to discuss the latest federal tax policies, initiatives, regulations, legislative forecasts and planning ideas.

Spring 2017 Real Property, Trust & Estate Law Journal

The Spring edition of our member-only journal will be mailed soon—be sure to check your mailbox! In the meantime, get a preview of the featured articles by checking out the synopses.

Sponsorship Opportunities Available for the 2017 Fall Leadership Meeting

As we look forward to the upcoming 2017 Fall Leadership Meeting to be held in Monterey, CA, October 12–14, 2017, we would like to alert you to the opportunity for your law firm to be a sponsor. The Fall Leadership Meeting provides an intimate opportunity to meet and mingle with Section leaders. The small scope of this Meeting gives your law firm an excellent branding opportunity with attorneys from around the country. Find out more about these and other sponsorship opportunities here.

ABA Auto-Renew Program

Let us take care of your membership! Enjoy uninterrupted benefits with ABA Auto-Renew. *ABA Auto-Renew is only available to those with a current balance due. Official Terms and Conditions.

Join the Discussion on Social Media

Strengthen and extend your existing network of trusted contacts. Join the discussion and stay connected with RPTE via communities on LinkedIn, Facebook, Twitter, and Instagram. Enhance your membership experience and join us today.

FREE Monthly Group and Committee Conference Calls

Group and Committee calls are a complimentary benefit of Section membership and normally are limited to Section members. Prospective members, however, are welcome to join a call without charge to learn more about RPTE Groups and Committees, and how to become involved upon joining the Section.

Articles of Interest  ARTICLES OF INTEREST

real property

What Is A "High Volatility Commercial Real Estate" Loan, And How Does It Affect Your Ability To Lend?

Robin K. Capozzi, Shane D. Sclichter and David M. Aldous
This article delves into the world of high volatility commercial real estate loans, explaining the origin of the loan designation and the effect on a bank’s ability to lend.

What are the Negative Consequences of Hoarding in a Community Association?

Matthew Collins
Television shows such as Hoarding: Buried Alive and Hoarders display in alarming detail the negative emotional and physical impact of this condition upon the individual with the hoarding disorder as well as his or her family and neighbors. The negative consequences of hoarding in a community association — especially a high-rise condominium — are very serious. Hoarding behavior can easily lead to unsanitary and unsafe conditions that extend far outside the unit where the hoarding condition has manifested.

Whom Should I Represent When I am Local Counsel Giving a Real Estate Closing Opinion Letter?

Edward J. Levin
IN CASE YOU MISSED IT: Back by popular demand, is Ed Levin’s article discussing varying approaches to handling representation in local counsel opinion matters. Of particular note are the editorial comments following the article by William B. Dunn, Of Counsel, with Clark Hill PLC. Mr. Dunn is the editor of Opinions Matters, the Newsletter of the Section’s Committee on Legal Opinions in Real Estate Transactions. Additional information regarding the Legal Opinions Committee and Opinions Matters is also provided following Ed’s article.

Ninth Circuit Allows Leases to be Stripped in Section 363 Sale

Dean C. Waldt
In this article Dean C. Waldt summarizes a recent Ninth Circuit decision allowing leasehold interests to be "stripped" in connection with sale under the Bankruptcy Code.


trust and estate

Making the Portability Election Simpler: Rev. Proc. 2017 34, 2017 26 I.R.B. 1282

Keri D. Brown & Benjamin A. Cohen-Kurzrock
This article discusses Rev. Proc. 2017-34, which provides "ordinary millionaires" some regulatory relief with respect to making a portability election.

Estate of Powell v. Commissioner, 148 T.C. No. 18

Ray Prather and Martin Shenkman
eReport editors Ray Prather and Martin Shenkman summarize and analyze the Tax Court's recent decision in Estate of Powell v. Commissioner. The decision provides reminders of many inappropriate steps that might be taken in estate planning. These errors, while familiar to most practitioners, nonetheless are worthy of reviewing as reminders of how not to structure estate plans and asset protection plans in the future.

The Department of Labor Fiduciary Rule – Dead or Just Resting?

Jo Ann Engelhardt
Jo Ann Engelhardt looks at the latest developments in the Department of Labor's proposed rules under ERISA and the Internal Revenue Code concerning whether investment advisors are held to a "fiduciary" standard or just to a "suitability" standard in advising retirement investors.

Taxation Concerns for Individuals Splitting Time Between The United States and India

Adam M. Ansari
With India's technology boom, the country has seen an increased demand for specialized U.S. consultants and contractors. Today, many of these consultants and contractors spend a portion of each year living and working in India. Adam Ansari discusses why it is important that tax practitioners who work with these clients have a basic understanding of India’s tax system and when a person might be subject to Indian income taxes.

Fiduciary Duty to Elect Portability

Matthew Skotak
Matthew Skotak summarizes In re Estate of Vose, in which the Oklahoma Supreme Court upheld a ruling that required the Personal Representative of an Estate to take the necessary steps to transfer the deceased spouse’s unused election to the decedent’s surviving spouse, creating a duty to elect portability.


Technology & Law Practice Management  GROUP AND COMMITTEE NEWS

real property

Land Use and Environmental Group

The Land Use and Environmental Group is comprised of committees dealing with private and public involvement in land use decisions.
more about the Group.

Legal Education and Uniform Laws Group

This group differs from other RPTE groups in that it surveys activities and information across the entire spectrum of property topics, rather than focusing on specific substantive areas.
more about the Group.

trust and estate

Business Planning Group

The Business Planning Group of committees covers choice of entity, estate planning, and estate administration for clients who own business entities or interests in farms or ranches.
more about the Group.


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 bunny.lee@americanbar.org.


Book of the Month

Disclaimers in Estate Planning, Second Edition

Christopher P. Cline

Disclaimers are governed by both state and federal law. This concise guide explains the Uniform Acts involved and the specific issues raised by Section 2518 in order to create the best strategies and techniques for effectively utilizing disclaimers.

Purchase this book today!

Regular price: $139.95
RPTE member price: $119.95

Book of the Month

Anatomy of a Mortgage: Understanding and Negotiating Commercial Real Estate Loans, Second Edition

Lawrence E. Uchill

A practical and quick guide to the basic concepts of real estate finance, this book also provides valuable techniques and issues to consider in order to successfully deal with these loan provisions when they are engaged to represent borrowers in closing such loans.

Purchase this book today!

Regular price: $139.95
RPTE member price: $119.95

Young Lawyers Network  YOUNG LAWYERS NETWORK

YLN Update

The ABA and the Section provide a wide variety of educational materials for young lawyers. In addition to our regular YLN column in Probate & Property magazine, the YLN encourages members to check out the Section's Fundamentals of the Modern Estate Planning Practice! As always, YLN Vice Chair Dana Foley (RP) encourages any young lawyer interested in writing an article or otherwise interested in becoming more involved with YLN to contact her.

Law Students  LAW STUDENTS

Free Law Student Memebership

Dues are FREE for law students enrolled in ABA-approved law schools. Students may join up to five of these groups for FREE!

Downloads  DOWNLOAD


Downloads LEARN ABOUT eReport

The eReport is the bi-monthly electronic publication of the American Bar Association 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 eReport also provides resources for seasoned and young lawyers and law students to succeed in the practice of law.

For further information on the eReport or to submit an article for publication, please contact Robert Steele (Editor), Cheryl Kelly (Real Property Editor), Anta Cisse-Green (Trust and Estate Editor), or RPTE staff members Bryan Lambert or Monica Larys. Are you interested in reading FAQs on how to get published in the eReport? Download the FAQs here. We welcome your suggestions and submissions!