Residential Real Estate, Wills, Trusts, & Estate Planning, Commercial Law & Contracts

Sweeping Maine Tax Reform Proposal Announced

by Sarah Beard, Jonathan Block, Kris Eimicke | Pierce Atwood LLP on 5/3/2013

A bipartisan group of 11 legislators have proposed an overhaul of Maine’s tax system, including major changes to the individual and corporate income tax, property tax, sales tax, and estate tax. ...more

Watch For Excess Proceeds Following A Trustee Sale

by Valerie Marciano | Jaburg Wilk on 3/27/2013

Believe it or not, Arizona land owners are seeing a change in the real estate landscape, perhaps only a slight change, but a change nonetheless. While Arizona law has not changed, marketplace improvement has triggered the...more

A Cautionary Tale On Holding Title: Marriage License Does Not Override Domestic Partnership Agreement

by Tara C. Narayanan | Miller Starr Regalia on 1/23/2013

A recent case, the Estate of Wilson, 2012 WL 6216869 (1st Dist. 2012), illustrates generally why escrow holders should avoid giving advice to parties to an escrow on how to take title to real property...more

Points & Authorities - Fall 2012

by Buchalter Nemer on 12/6/2012

In This Issue: - The Innovative Design Protection Act: Bound for Success or Doomed to Fail? - Strategic Licensing Considerations - New Faces - Points from the President - Think Again Before Walking Away from...more

Practical Tips for U.S. Persons Owning Mexican Property Thru a Fideicomiso

by Snell & Wilmer L.L.P. on 8/15/2012

Every time I’m presented with a contract, I’m quickly transported to a small room in which Willy Wonka, played by Gene Wilder, is vehemently scolding the good natured Charlie Bucket and the poor, protective Grandpa Joe: ...more

U.S. Taxation of Fideicomisos under the FATCA Rules

by Moskowitz LLP on 8/8/2012

Overview of Fideicomisos If you own a home or a vacation home in Mexico, chances are that your property is held in a fideicomiso. A fideicomiso is a contractual arrangement that is arguably something in between a trust...more

Doing Transactions in Mexico - Conducting Due Diligence

by Sheppard Mullin Richter & Hampton LLP on 1/11/2012

Conducting due diligence is a key aspect of any transaction, international or otherwise. Attorneys working on transactions conducted in Mexico or that involve Mexican entities ought to be aware of registration and...more

Gifting and Marcellus Shale

by McNees Wallace & Nurick LLC on 12/16/2011

When estate planning lawyers discuss gifting as an estate planning strategy with clients, there are a few very important components to this discussion that must be reviewed in order to most effectively leverage gifting as an...more

Inheriting a Home and Loan - New York Times

by Fein, Such, Kahn & Shepard, P.C. on 11/22/2011

A recent interview with New York Times reporter Vickie Elmer inspired my post "What Happens to the Mortgage when Property is Transferred to Beneficiaries at Death?". Vickie took some of my thoughts, and those of other...more

What Happens to the Mortgage when Property is Transferred to Beneficiaries at Death?

by Fein, Such, Kahn & Shepard, P.C. on 11/15/2011

Generally speaking, if you transfer a piece of real property subject to a mortgage to another person, that transfer violates the "due on sale" clause in your mortgage, essentially making the mortgage immediately due in full....more

Gas Rights Owners Need To Begin To Think Like Business

by McNees Wallace & Nurick LLC on 10/21/2011

Landowners who are fortunate enough to have property overlying the Marcellus Shale formation are realizing significant economic transformations. They and their heirs can look forward to a lease bonus payment followed by...more

The Owner Occupant Exception – When is a Trust a Natural Person?

by Snell & Wilmer L.L.P. on 9/29/2011

A critical question for residential contractors in Arizona is whether a homeowner is an "owner occupant." When a homeowner is an "owner occupant," contractors may only record a lien on the property if they have a direct...more

Real Estate, Oil & Gas and Estate Planning: Oil & Gas Fundamentals For Family Law Practitioners

by Jackson Walker on 8/17/2011

In This Presentation: Typical Documents To Be Reviewed: Deed; Mineral Deed; Mineral Reservation; Royalty; Lease; Seismic Permit; and, Pipeline Right-of-way. Who owns the minerals: Title Opinion; Title Insurance;...more

Los Angeles Targets Trustee to Clean-Up Housing Mess

by Reed Smith on 7/29/2011

The People of the State of California and The City of Los Angeles (collectively, the "Plaintiff") are seeking to hold Deutsche Bank National Trust Company and Deutsche Bank Trust Company Americas, as trustee under hundreds of...more

Homestead Waiver Imputed To Warranty Deed [Florida]

by Charles (Chuck) Rubin on 3/21/2011

The Florida Constitution prohibits a decedent from devising his or her homestead to third parties if the decedent is surviving by a spouse at death. When there are no surviving lineal descendants of the decedent, the...more

Powers of Attorney in Florida

by Gary Kaleita on 10/29/2010

Discusses the basics of the types and uses of Powers of Attorney in Florida...more

Vietnam Update - Residential Housing Development Decree

by Quynh Pham on 10/26/2010

Please find below the recent Client Alert on the 'Residential Housing Development Decree'...more

Fraudsters Beware - Homestead Exemptions Don't Always Work

by Brian Mahany on 9/3/2010

New tax court case limits the asset protection afforded to Florida residents by Florida's homestead law. If you transfer assets to avoid creditors, do not automatically assume that Florida's powerful homestead exemption will...more

New York State Amends Power of Attorney Law

by Sheppard Mullin Richter & Hampton LLP on 9/2/2010

On August 13, 2010, New York State Governor David Paterson signed into law amendments to New York's Power of Attorney Law (A.8392-C/S.7288-A) (the "2010 Amendments"). The 2010 Amendments become effective September 12, 2010...more

Supreme Court Decides Single Member LLCs Are Not Asset Protected

by Ed Arista on 6/26/2010

Supreme Court Decides Single Member LLCs Are Not Asset Protected...more

PA Notes

by McNees Wallace & Nurick LLC on 5/10/2010

Sales Tax - Drop Shipments: A Virginia retailer, which otherwise had nexus with Pennsylvania, was required to collect Pennsylvania sales tax from a Massachusetts customer when that customer instructed the retailer to ship...more

Top 5 Legal Issues for Individuals and Businesses in 2010

by Cameron Grant on 3/16/2010

Is it Time for a Legal Check Up? (Top 5 Legal Issues for Individuals and Businesses in 2010) A window sticker reminds you to change the oil every three months or 3,000 miles. A call from the physician points out the need...more

Are You Legally Healthy?

by Las Vegas, Personal Injury Lawyer, Howard... on 8/19/2009

Doctors recommend periodic checkups. Cars need regular exams. Is there a similar “checkup” for legal matters? Yes, a “legal checkup,” which is often called “preventive law.” Getting a legal checkup can keep you in good legal...more

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Residential Real Estate › Wills, Trusts, & Estate Planning › Commercial Law & Contracts