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Insight on Estate Planning - August/September 2014

In This Issue: - Unintended consequences: After divorce, review your estate plan to avoid surprises - Protecting your real estate assets - How will the GST tax affect your estate plan? - Estate...more

In Frank Aragona Trust, Tax Court Holds that Trustees’ Activities as Employees Count for Purposes of Material Participation Under...

The issue of whether a trust has passive or non-passive income from its investment in a pass-through entity has taken on increased importance in light of the tax imposed on net investment income under Code Section 1411 of the...more

Frank Aragona Trust: A Taxpayer Win

In a case of first impression, Frank Aragona Trust v. Commissioner, 142 T.C. No. 9 (Mar. 27, 2014), the Tax Court held that a trust could materially participate in a trade or business based upon the activities of the...more

Some Practical Risk Management Steps for Any Land Trust

I. Perpetual Calendar—Make Sure You Have Time for Reasoned Decisions—Stop trying to remember so much, reduce your stress, and avoid the risk of missing an important date. Every item that you can record onto a perpetual...more

Uniform Real Property Transfer on Death Act

The Virginia legislature recently passed the Uniform Real Property Transfer on Death Act. The Uniform Real Property Transfer on Death Act allows real property to be treated in a similar fashion as bank accounts, stock...more

Real Estate Tip – Uniform Statutory Trust Entity Act: Citizenship vs. State

Trusts can be a good choice for real estate ownership. Delaware, Connecticut and states that have adopted the Uniform Statutory Trust Entity Act allow “statutory trusts” and some “business trusts” to own real estate in their...more

New York Appellate Division Summaries; Real Estate.

Deed/Acknowledgment Trumps Parties Clause/Intent of Grantor: Owner, an individual, transferred property..... POA/Conveyance by Agent to Self/Will/Executor vs. Agent/Bank of America/Encumbrancer for Value/Deed Set Aside:...more

SEC Approves Advertised Rule 506 Offerings

Final regulations allowing advertised Rule 506 offerings. ...more

Yours, Mine or Ours? Morgan Clarifies Surface Versus Mineral Ownership in W.Va.

On June 13, 2013, the West Virginia Supreme Court of Appeals (WVSCA) issued its decision in Faith United Methodist Church & Cemetery of Terra Alta, et al. v. Morgan, No. 12-0080, setting forth a clear definition of the term...more

Case Law Shorts

This post: NY Second Dept. Will/"interests in property"/Notes secured by mortgages/Personal Property NY Second Dept. Foreclosure/Deficiency Judgment/Burden of Proof/Appraiser Affidavit...more

Oil And Gas Law Insight: With Oil Reserves Estimate Doubled In Williston Basin, Opportunities For Growth Abound

The U.S. Geological Survey has doubled its previous estimate of the amount of recoverable oil within the Williston Basin to 7.4 billion barrels. While the Bakken formation is still a star in the play, the potential of the...more

Watch For Excess Proceeds Following A Trustee Sale

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

Using the Reg. S Exemption for Foreign Investors

Using Reg. S is useful when the issuer does not want to be limited by the restrictions of Rule 506. With a Rule 506 offering all investors must be either accredited or sophisticated, and there is a limit of 35 non-accredited...more

Using Finders to Locate Investors – Bruce E. Methven

A number of years ago the SEC effectively banned the use of finders to locate investors for securities offerings that cross state lines. Still, a few states allow finders for their intrastate offerings (offerings made...more

Public Advertising of California Qualification by Permit Offerings

Although it takes more time and effort than other types of offerings, a California qualification by permit (25113) offering has major advantages in terms of allowing public advertising and having low investor requirements. ...more

Next Conférence: "Les acteurs-clés des investissements immobiliers transfrontaliers"

AIJA/ ABA Seminar/ Key Players in Cross-Border Real Estate Investments: La conférence réunissant des experts internationaux, "Les acteurs-clés des investissements immobiliers transfrontaliers",...more

New Taxes to Take Effect in 2013

The following two new taxes will take effect on January 1, 2013: 1. Investment Income Tax - A new 3.8% tax on investment income, and 2. Earned Income Tax - A new 0.9% tax on earned income Both of these taxes are...more

Might the Trust, a Creature of English Equity, Actually be a Variant of the Waqf, an Ancient Islamic Legal Construct?

The English trust is a unique legal device whose origin has been the source of much debate among legal scholars. There are three theories concerning the origin of the English trust: the Roman, Germanic, and Islamic. Until the...more

E379 NJ Laws Email Newsletter

E379 NJ Laws Newsletter...more

2011 Amendments to the New Jersey Bulk Sale Law and Their Application to Single- and Two-Family Residences

On Wednesday, September 14, 2011, Governor Christie signed into law amendments to the New Jersey Bulk Sale Law. Enacted as chapter 124 of the Public Laws of 2011, these amendments narrow the scope of N.J.S.A. 54:50-38, signed...more

Reporting Of Interests In Mexico Fedeicomisos

U.S. residents, and other nonresidents of Mexico, are restricted from owning certain real estate in Mexico. The Mexican Constitution prohibits foreigners from purchasing or owning real estate within 60 miles of an...more

"You've got a friend" , The Friendly Side of the Social Network

Join me at the American Bar Association (ABA) Section of Real Property, Trust and Estate Law's (RPTE) 22nd Spring Symposia in Washington DC on April 28, 2011 where we will discuss "The Positive Side of Social Media" - the...more

Powers of Attorney in Florida

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

Vietnam Update - Residential Housing Development Decree

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

How are You Holding Title (Deed) in Your Home or Investment Property?

A deed is a document that transfers ownership of real estate. It serves as written proof of ownership of your home or building. For a deed transaction to have legal effect it generally must comply with certain legal...more

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