News & Analysis as of

Wills, Trusts, & Estate Planning General Business Commercial Real Estate

Read Wills, Trusts, & Estate Planning updates, articles, and legal commentary from leading lawyers and law firms:

The North Carolina Uniform Power of Attorney Act: A Practical Introduction for Real Estate Practitioners

by Ward and Smith, P.A. on

Can we all agree that dealing with a power of attorney in North Carolina has long been, at best, a frustrating experience? Well, help is on the way! On July 20, 2017, Governor Cooper signed Senate Bill 569, "An Act to Adopt...more

Commercial Division Rejects Third-Party Claim as Derivative in Trusts’ Suit Concerning Upper West Side Beaux-Arts Building

Asserting a claim on behalf of a trust in the Commercial Division can be risky, as the party asserting the claim must establish that the claimed injury is independent of any injury to the trust, and that they are therefore...more

Traps and pitfalls of joint ownership

by Thompson Coburn LLP on

Many people believe that owning property jointly with rights of survivorship is an effective substitute for a will. The benefit of holding property as joint tenants with rights of survivorship is that such property passes to...more

Rule Against Perpetuities and Leases in North Carolina

by Womble Bond Dickinson on

Remember the Rule Against Perpetuities? Think back to your days in law school, sitting in your 1L Property class. Remember the rule against perpetuities? Remember thinking that it would never really come into play in...more

Private Ruling Exempts Property Management Services from Self-Dealing

A new private ruling may be of great interest to clients with substantial real estate interests who wish to contribute one or more properties to a family foundation. The ruling suggests that payment by the foundation to a...more

The Double-Fraction Dilemma: Intent-Focused Inquiry Prevails

by Jackson Walker on

As the oil and gas industry has moved away from the legacy of the 1/8th royalty, double-fraction language has generated a multitude of disagreements as to whether a royalty interest should be construed as "fixed" or...more

Tax Considerations in Real Estate Dispositions

In a typical real estate transaction, the seller deeds the real property to the buyer. This transaction is simple and straightforward for both buyer and seller. Although it is simple, is it the best structure from a tax...more

Pennsylvania Superior Court Affirms Striking of 24-Year-Old Default Judgment, and Holds That Leasing Is Not Enough to Claim...

by McGuireWoods LLP on

The development of the Marcellus Shale in Pennsylvania has led to a number of disputes about historical judgments that purportedly divested reserved oil and gas rights from their owners. During the 20th century, surface...more

How to Avoid Needlessly Exposing a Client's Assets to Creditors in an Estate Plan or Trust

Estate planners often recommend that their clients hold title in community property or in a trust in which the real property interests are held as community property. They do this primarily to give the client the benefit of...more

The Case of the Vanishing Guaranty—Issues Facing Commercial Real Property Lenders Regarding Revocable Trust Borrowers

by Ervin Cohen & Jessup LLP on

I have recently received numerous questions from commercial lender clients regarding structuring and enforcing commercial real property loans involving revocable trusts. Their concerns have largely centered on how to...more

This is Why You Need a Will

by Gray Reed & McGraw on

Let’s talk title disputes, especially ones between those with record title and those claiming title by possession: - They are complicated (There were 229 defendants in today’s case) - They happen when there is a lot...more

Some Practical Risk Management Steps for Any Land Trust

by Best Best & Krieger LLP on

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

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

BIA Proposes To Eliminate The Trust Land Acquisition Waiting Period

by Perkins Coie on

The Bureau of Indian Affairs (BIA) published a proposed rule in the Federal Register that, if adopted, will substantially alter the rights of those who would challenge a decision by the BIA to acquire land in trust for an...more

Watch For Excess Proceeds Following A Trustee Sale

by Jaburg Wilk on

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

Other Recent PA Tax Developments

Philadelphia Hotel Tax The Court of Common Pleas of Philadelphia County has upheld the Philadelphia Tax Review Board’s ruling that Expedia, an online vendor of discount hotel rooms, is not an “operator” of a hotel, and is...more

The Strong Firm - Strong Points Newsletter

by The Strong Firm P.C. on

In this edition: Latest News: The latest in activities of the firm in the news and our community. Commercial Development Remains Strong in the Woodlands: The Woodlands area continues to defy the odds as commercial...more

Powers of Attorney in Florida

by Gary Kaleita on

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

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

19 Results
|
View per page
Page: of 1
Cybersecurity

Follow Wills, Trusts, & Estate Planning Updates on:

"My best business intelligence,
in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up using*

Already signed up? Log in here

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.