RPTE eReport Winter 2018


Reports from the Heckerling Institute

The 52nd Annual Heckerling Institute was held in January in Orlando. Florida. For readers unable to attend, excellent summaries of the Institute are available through the efforts of numerous Section members. The Report Editor is Joseph G. Hodges Jr., who also is the Chief Moderator of the ABA-PTL discussion list. He was assisted by Bruce A. Tannahill. Reporters from the Institute are: Joanne Hindel, Kimon Karas, Craig Dreyer, Herb Braverman, Kristin Dittus, Michael Sneeringer, Michelle R. Mieras, Beth Anderson, Bruce A. Tannahill, and Patrick J. Duffey.

Save the Date: Spring Symposia in Orlando 2018

We look forward to seeing many of you there on May 9–12, 2018. In keeping with the program location, our programing is built around the theme of "It's Not Such a Small World After All." More details including how to register can be found on the symposia webpage!

Exclusive offer for ABA RPTE Members: Save 15% on your first year of membership!

Access to all the benefits of WealthCounsel membership: the leading drafting software for estate and business planning attorneys, thoughtful analysis on breaking estate and business planning news, access to a network of thousands of fellow estate and business planning attorneys, and world-class education.

Coming Soon!

ABA Section of Real Property, Trust and Estate Law has partnered with ModioLegal, which converts news and current awareness content to a same-day, word-for-word, article-specific, human-narrated audio format that you can access through your smart phones. Details coming soon.

ABA Tech Show

Mark your calendars to join the ABA Law Practice Division for the ABA Techshow, March 7 – 10, in Chicago. This is your chance to hear — and meet — the industry’s top technology experts. For more information, visit www.techshow.com

Did you miss an eCLE Program?

On-Demand Programming is Now Available! For On-Demand program purchase questions, please contact the ABA Service Center at 800-285-2221.

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

7 Things to Check Before Listing With Airbnb

Jack S. Levey
Don’t overlook these key concerns when considering doing business through Airbnb.

The Top 2017 Developments in Real Estate Finance

Brook Boyd
eReport is pleased to feature once again Brook Boyd's annual survey of recent developments in the field of real estate finance.

Impact of the Tax Cuts and Jobs Act on Real Estate

Lawrence H. Brenman, Sanford C. Presant, Carl J. Riley, Robert D. Simon, and Jennifer H. Weiss
This article provides a summary of the provisions of the recently enacted Tax Cuts and Jobs Act that impact real estate.

Supreme Judicial Court Sets Limitation on Chapter 40B’s Broad Grant of Authority to Local Zoning Boards

Brian C. Levey and Dylan J. King
This article discusses limitations set by the Massachusetts Supreme Judicial Court on Chapter 40B's broad grant of authority to local zoning boards.





trust and estate

Heckerling Institute LISI

Martin M. Shenkman
Our editor Martin M. Shenkman attended the 52nd Annual Heckerling Institute on Estate Planning in January and has prepared extensive notes on the sessions, which are presented here.

Rafizadeh v. Commissioner: Section 6501(e)(1)(A)(ii) inapplicable when there was no substantive reporting requirement

Caryn Friedman
In Rafizadeh v. Commissioner the Tax Court granted the petitioner’s motion for summary judgment and concluded that the Internal Revenue Service issued an untimely notice of deficiency because the six-year statute of limitations period did not apply for the tax years at issue.


Articles of Interest  eREPORT ALERT


As of this issue, eReport will be published on a quarterly schedule rather than bi-monthly. We intend to deliver up to date and robust information and articles to all of our readers. Please contact any of the editors if you would like to contribute to eReport.




Technology & Law Practice Management  GROUP AND COMMITTEE NEWS

real property

Real Estate Financing Group

The Real Estate Financing Group is devoted to assisting attorneys in financing techniques involving real estate as collateral. To this end, this group presents educational programs and produces written materials to educate lawyers in all aspects of real estate finance. Separate committees within this group are dedicated to mortgage lending, including construction lending and securitizations, and legal opinions issued in connection with these financings, as well as legal issues and developments in real estate workouts, foreclosures and bankruptcies.

more about the Group.

trust and estate

Litigation, Ethics and Malpractice Group

The Litigation, Ethics and Malpractice Group devotes its efforts to issues involving trust, estate, and fiduciary litigation matters (these include probate disputes; will and trust construction; accounting disputes; breach of fiduciary duty claims; and other controverted issues involving the administration of individual and charitable estates and trusts). We also address ethics issues affecting trust and estate lawyers and malpractice issues (including malpractice avoidance). Our Group remains focused on educating members on national trends in these areas through efforts such as CLE programs and articles.

Read 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

Ethics in the Practice of Elder Law

Roberta K. Flowers and Rebecca C. Morgan

Ethical issues can occur at any point when representing elderly clients. Offering clear guidance and a much-needed framework for recognizing and analyzing these situations, this handbook explains how to anticipate and address common ethical issues.

Purchase this book today!

Regular price: $99.95
RPTE member price: $79.95




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

RPTE Fellows Program-Applications Due June 8

The ABA Section of Real Property, Trust and Estate Law Fellows Program encourages the active involvement and participation of young lawyers in Section activities. The goal of the program is to give young lawyers an opportunity to become involved in the substantive work of the RPTE Section, while developing into future leaders. The application deadline for the 2018–2020 program is June 8, 2018.

Law Students  LAW STUDENTS

RPTE Writing Competition

The goal of the RPTE student writing contest is to encourage and reward law student writing on the subjects of real property and 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. Entries must be received by the Section no later than May 31, 2018.

Downloads  DOWNLOAD


Downloads LEARN ABOUT eReport

The eReport is the quarterly 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!