33RD ANNUAL RPTE VIRTUAL NATIONAL CLE CONFERENCE - April 21-23, 2021 OF LAW - American Bar Association
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BUILDING
BRIDGES
TOGETHER
IN THE
PRACTICE
OF LAW
33RD ANNUAL RPTE VIRTUAL
NATIONAL CLE CONFERENCE
April 21-23, 2021
rptecleconference.com
I am pleased to announce the programs and activities planned for the 33rd Annual RPTE
National CLE Conference, taking place virtually April 21-23.
I hope that you will make plans to join us as we share knowledge and build relationships
with other practitioners in our very special and specialized areas of the law. To that end,
this brochure outlines our broad range of programs focusing on the most cutting-edge
areas of real property and trust and estate law and also lists our outstanding presenters,
who are many of the industries’ leading practitioners.
In spring 2020, RPTE was among the first organizations to take a planned in-person
meeting and transform it into a virtual conference. At the time, we certainly did not expect
that a year later we would still be conducting meetings electronically. But the success
of our first effort, along with the extraordinarily high-caliber of the programs and faculty
we’ve assembled for this year, inspire my confidence that the 33rd Annual RPTE National
CLE Conference will be our best meeting ever – virtual or in-person! And we want you to
be a part of it.
I am especially hopeful that the virtual setting will allow those who have not had the
opportunity to participate in previous Section meetings to be able to do so now. Our
Section aims to represent all RPTE practitioners, and we want your voice to be a part of
the conversation.
Between now and late April, visit the Conference website at rptecleconference.com for
updated program information and please register to join us. I look forward to seeing you
virtually in April and, hopefully, in-person very soon after that.
Stephanie Loomis-Price
2020-2021 Chair of the ABA Section
of Real Property, Trust and Estate Law
Winstead PC
Houston, Texas
33rd RPTE Virtual CLE Conference 1 rptecleconference.com
SPONSORS
The Section acknowledges the generous support of the following sponsors
for their involvement in this year’s National CLE Conference:
GOLD
SILVER
BRONZE
LAW FIRMS
• YOUNG CONAWAY • SHER GARNER CAHILL RICHTER
• LEVIN SCHREDER CAREY KLEIN & HILBERT, L.L.C.
• CARLTON FIELDS • MCCOLLOM D’EMILIO SMITH
• WITHERS BERGMAN LLP UEBLER LLC
• BARRON, ADLER, CLOUGH & • GORDON, FOURNARIS &
ODDO, LLP MAMMARELLA, P.A.
• FISHMAN HAYGOOD • WINSTEAD PC
• STONE PIGMAN WALTHER • FREDRIKSON & BYRON, P.A.
WITTMANN • ARCHER & GREINER, P.C.
• PRATHER EBNER LLP • HOLLAND & KNIGHT
IN-KIND SPONSOR
ModioLegal
Time is scarce. Information is critical.
®
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33rd
04/2021 RPTE
| © 2021 Old Virtual
Republic CLE
Title | Conference
OR1397-CM 3 rptecleconference.com
RPTE PUBLICATIONS
All RPTE publications can be purchased on the ABA Web Store,
ShopABA.org, or by calling the Service Center, 800-285-2221.
STRAIGHT FORWARD
GUIDE TO ALL STEPS
IN A REAL ESTATE
TRANSACTION
From Handshake to Closing
The Role of the Commercial
Real Estate Lawyer
Third Edition
By Sidney G. Saltz
Explaining the lawyer’s critical role in documenting, reviewing,
and negotiating the real estate transaction, this useful
mentoring guide includes valuable sample language, examples
taken from practice, and insightful tips and techniques for how
2019, 158 pages to assist that client to make and close the deal.
Paperback/eBook
Product Code 5431099 Author Sidney G. Saltz, a veteran real estate lawyer, draws
$59.95 List Price upon his years of practice of law, to describe the typical
$44.95 RPTE Member Price situations and stages of a deal and how to get it closed,
including:
• The role of the real estate broker and how to
build a good lawyer-broker relationship
• Pre-documentation documents: the term sheets,
letters of intent, or loan commitment
• Documenting the transaction and creating the
“law” of the deal
• Reviewing and analyzing documents
• Due diligence
• Preparing for and handling the closing
• Avoiding the pitfalls that can kill a deal
33rd RPTE Virtual CLE Conference 4 rptecleconference.com
REAL PROPERTY PROGRAMS AT-A-GLANCE
WEDNESDAY, APRIL 21
10:00 – 11:00 am Does Your Lease Really Protect Not all Lenders Are the Same: What
All times are Central Standard time
Your Clients? Risk Managers is a Nonbank Lender and What
Evaluate Liability Insurance, Difference Does It Make Anyway?
Indemnity, and Waiver Clauses in
Leases
11:30 am – 12:45 pm The ABCs of SPEs Home is Where the Work Is:
Regulating and Incentivizing
Work Force Housing
1:30 – 2:45 pm Beyond the Checklist: Leasing Due Updated ALTA Forms: What’s New
Diligence
33rd RPTE Virtual CLE Conference 5 rptecleconference.com
REAL PROPERTY PROGRAMS AT-A-GLANCE
THURSDAY, APRIL 22
10:00 am – 11:00 am COVID-19 Infects Real Property: Cancelling and Modifying
All times are Central Standard time
The Impact on the Real Estate Mortgage, PPP and Business Debt
Market and its Implications for in a COVID World
the Real Estate Attorney - A
Collaborative Program with The
Appraisal Institute
11:30 am – 12:30 pm The Ethics of RON (Remote Online The Impact of COVID on Senior
Notary) Practice Housing Financing, M&A and
Operations
1:00 – 2:00 pm The Future of Real Estate: Keep it Clean, Keep it Safe, Keep
Which Trends Are Here to Stay? the Heads in Beds: Guest Safety
Issues Arising from COVID-19
2:30 – 3:45 pm Trouble at the Park Hotel: The Impact of the Pandemic on
Fictional Challenges of a Luxury Commercial Leasing
Hotel Struggling to Stay Afloat
and Avoid Foreclosure During a
Global Pandemic
FRIDAY, APRIL 23
10:30 – 11:30 am Law Professors’ Update Estoppels and SNDAs -
All times are Central Standard time
Understanding and Negotiating
the Landlord’s Lender’s Lease
Documents
11:45 am – 1:00 pm No Property Left Behind: Does All
Real Estate Return to Normal
Post-COVID?
1:15 – 2:15 pm JOINT PROGRAM JOINT PROGRAM
The Forgotten 40 Acres: How Must-Have Engagement Letter
Real Property & Probate Laws Clauses: Avoiding Practice Pitfalls
Contributed to the Racial Wealth
Gap and How Tax Policy Could
Repair It
2:45 – 3:45 pm JOINT PROGRAM JOINT PROGRAM
The Descendants – The Movie: The Value of Mentors in a World
Lessons for Estate Planners Gone Crazy
33rd RPTE Virtual CLE Conference 6 rptecleconference.com
RPTE PUBLICATIONS
All RPTE publications can be purchased on the ABA Web Store,
ShopABA.org, or by calling the Service Center, 800-285-2221.
ANNOUNCING AN
“As financial abuse reaches epic proportions, Undue Influence
and Vulnerable Adults is required reading for every attorney:
IMPORTANT From practical advice about protecting vulnerable clients to
NEW RESOURCE valuable tips to safeguard your practice, this book is a must-
read from top practitioners whose prowess I have had the
privilege of witnessing first-hand.”
— Sharon L. Klein, Wilmington Trust, N.A.
Undue Influence and
Vulnerable Adults
By Sandra D. Glazier, Thomas M. Dixon and
Thomas F. Sweeney
Age-related issues, including diminished capacity, often
indicate the potential vulnerability of a client to undue
influence. Looking at the topic from a legal perspective,
this new book by practitioners with extensive experience
in the area explains the relevant considerations in
representing vulnerable adults and provides strategies
2020, 207 pages, 6 x 9,
when litigation is required. Their practical and legal advice
Paperback/eBook
helps planners identify issues and create effective plans
Product Code 5431119
for these clients that may better withstand attack. Topics
$129.95 List Price
look at these issues and more:
$99.95 RPTE Members • Understanding capacity, defining undue influence,
and the ethical considerations in representing
vulnerable adults
• How fraud and duress are different from undue
influence
• Presuming undue influence and rebutting the
presumption
• No-contest clauses and probable cause
• Litigating undue influence cases
• Using experts and understanding medical evidence
• Attorney-client privilege
• Video recording, electronic wills, and remote
witnessing and notarization
33rd RPTE Virtual CLE Conference 7 rptecleconference.com
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TRUST AND ESTATE PROGRAMS AT-A-GLANCE
WEDNESDAY, APRIL 21
10:00 – 11:00 am What To Do With All This Stuff: The Basics of Life Insurance in a
All times are Central Standard time
Administering an Estate with Art Changing World
and Collectibles
11:30 am – 12:45 pm Can Flexible Drafting Go Too Far? Charitable Giving Beyond the
And Your Annual Non-Tax Hot 501(c)(3): New, Holistic Models to
Topics Achieve Higher Impact for Clients
1:30 – 2:45 pm Fiduciary-ing During Dislocations: The Defined Value Clause- No
Best Practices for Volatile Markets, Longer Exotic
Family Upheavals, Pandemics and
More
33rd RPTE Virtual CLE Conference 9 rptecleconference.comTRUST AND ESTATE PROGRAMS AT-A-GLANCE
THURSDAY, APRIL 22
10:00 – 11:00 am Planning When Medicaid Eligibility Successor Trustees and 672(c):
All times are Central Standard time
Is an Issue A Prison of Our Own Making?
11:30 am – 12:30 pm Do’s and Don’ts of Donor Intent: Choosing A Trustee - Harder Than
Managing Disputes over Restricted It Sounds? Considerations for
Charitable Gifts, Donor Intent and Naming a Fiduciary when a Trust
Changed Circumstances will hold Closely-Held Business
Assets
1:00 – 2:00 pm Grantor Trust Reimbursement Stat- BDITs, BDOTs and Will They
utes: A Magic Wand to Allay the Remain BDON’Ts
Woes of Grumpy Trustors
2:30 – 3:45 pm Undue Influence and Elder Abuse Potential Partnership Tax
Allegations against Spouses, Pitfalls for Planners
Family Members, and Caregivers
FRIDAY, APRIL 23
10:30 – 11:30 am Are Powers of Attorney Powerless QSBS: Quest for Quantum
All times are Central Standard time
in Employee Benefit Plans? Exclusions (Queries, Qualms, and
Qualifications)
11:45 am – 1:00 pm Report from the Trenches:
An Inside Look into the Joint
Meetings of the American Bar
Association and the American
Bankers Association
1:15 – 2:15 pm JOINT PROGRAM JOINT PROGRAM
The Forgotten 40 Acres: How Must-Have Engagement Letter
Real Property & Probate Laws Clauses: Avoiding Practice Pitfalls
Contributed to the Racial Wealth
Gap and How Tax Policy Could
Repair It
2:45 – 3:45 pm JOINT PROGRAM JOINT PROGRAM
The Descendants – The Movie: The Value of Mentors in a World
Lessons for Estate Planners Gone Crazy
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33rd RPTE Virtual CLE Conference 11 rptecleconference.comReal Property
Programs
33rd RPTE Virtual CLE Conference 12 rptecleconference.comREAL PROPERTY PROGRAMS
WEDNESDAY, APRIL 21
ALL TIMES ARE CENTRAL STANDARD TIME
10:00 – 11:00 AM Does Your Lease Really Protect Your Program Chair:
Marie A. Moore
Clients? Risk Managers Evaluate Sher Garner Cahill Richter Klein
Liability Insurance, Indemnity, and & Hilbert, L.L.C.
Waiver Clauses in Leases New Orleans, Louisiana
Risk management experts will evaluate typical lease Speakers:
indemnity and liability insurance requirements and Charles E. Comiskey
provide substantive and practical drafting guidance for Brady, Chapman, Holland &
practitioners. Topics addressed will include: Associates, Inc.
Houston Texas
§ The division of liability risks between landlord
and tenant Lennie Morgan
§ The liability insurance that the landlord should The Corporate Protection
require from the tenant Group
§ Gaps in today’s additional insured coverage, and Plymouth, Michigan
why they’re bad for both parties
§ How indemnity provisions can cover insurance
gaps
§ Waivers and their value (or lack thereof)
10:00 – 11:00 AM Not all Lenders Are the Same: Program Chair and
Moderator:
What is a Nonbank Lender and What
Kari L. Larson
Difference Does It Make Anyway? K&L Gates LLP
Seattle, Washington
Nonbank lenders are financial institutions that offer
loans but do not have a banking license. They raise
Speakers:
funds from sources other than traditional demand
Brett Forman
deposit accounts from the public and are typically not Trez Capital
subject to traditional bank regulatory oversight. Palm Beach, Florida
Nonbank lending has increased dramatically in the last
decade and is now in the mainstream of the Heather A. Horowitz
commercial and residential real estate lending market. K&L Gates LLP
It is important that practitioners involved in real estate New York, New York
financing understand who these nonbank lenders are,
how their funding and investment strategy might Jennifer Portnoff
differ from those of bank lenders and how that might Pacific Life Insurance Company
Newport Beach, California
impact loan documentation and discussions with
33rd RPTE Virtual CLE Conference 13 rptecleconference.comborrowers in distressed situations. Given the breadth
of nonbank lending, we will start with a broad
overview of the nonbank lending and then turn our
focus to life insurance companies, debt funds and non-
US lenders active in commercial real estate lending in
the US. The panel is comprised of practitioners who
represent nonbank lenders and in-house counsel and
business leaders who work at such nonbanks.
11:30 A M– 12:45 PM The ABCs of SPEs Program Chair and
Moderator:
Bankruptcy remote/structured finance requirements Michael Maxwell
are no longer limited to CMBS deals. They are seen in Potter Anderson & Corroon LLP
TIC financings, GSE financings, insurance company Wilmington, Delaware
financings, co-lending transactions and other
transactions. Requirements may be driven by ratings Speakers:
agency considerations but not always. Requirements Siobhan M. O’Donnell
may be quite extensive or watered down depending Ballard Spahr LLP
Los Angeles, California
on the nature and size of the deal. Given the evolution
of DE entity law, most lenders prefer to see a brand
Matthew J. O’Toole
new DE entity as the borrower, with the ownership of
Potter Anderson & Corroon LLP
the borrower being a DE entity. Springing members Wilmington, Delaware
structures and independent decision makers are
features DE law supports. This panel will include a Amanda R. Steele
discussion of the types of SPEs, separateness Richards, Layton & Finger, P.A.
covenants, organizational agreement requirements Wilmington, Delaware
and various opinions related thereto, including non-
consolidation opinions, the “no authority to file”
opinion and dissolution/springing member concerns.
11:30 AM – 12:45 PM Home is Where the Work Is: Program Chair and
Moderator:
Regulating and Incentivizing Work
Karla L. Chaffee
Force Housing Robinson+Cole LLP
Boston, Massachusetts
What is the “missing middle” and what are
governments doing to find it? “Ban” single family-only
Program Chair and
zoning? Incentivize work force housing? It’s been 10
Speaker:
years since Daniel Parolek’s description of “Missing
F. Christopher Wootten
Middle Housing” gained traction in new urbanist Coats Rose PC
circles. This program will explore the strategies New Orleans, Louisiana
currently used to develop adequate housing choice for
middle income individuals. It will also:
33rd RPTE Virtual CLE Conference 14 rptecleconference.com§ Explore how local and state-wide legislation can Speakers:
address decades of discriminatory land use Regina LaMacchia
policies that have promoted or perpetuated Green Coast Enterprises
racially and economically segregated New Orleans, Louisiana
neighborhoods
§ Discuss Oregon’s 2019 law that requires Faith Pettis
Pacifica Law Group LLP
communities meeting certain population
Seattle, Washington
thresholds to permit two-family and in some
cases three-family housing in areas zoned single
family
§ Address how zoning and land use laws can be
amended in an attempt to counteract decades
of racially discriminatory policies and practices
§ Provide an overview of how State housing
authorities incentivize and prioritize work force
housing in “Qualified Allocation Plans” for low-
income housing tax credit deployment
§ Include a developer perspective on the
challenge of financing housing for the “missing
middle” through discussion of the Bourgoune
Bywater development
1:30 – 2:45 PM Beyond the Checklist: Program Chair and
Moderator:
Leasing Due Diligence
Karen M. T. Nashiwa
This program will explore the fundamentals of leasing Nashiwa Law LLC
Lake Oswego, Oregon
due diligence for parties entering into a new lease,
covering both the key checklist items and more
Speakers:
esoteric issues that arise in different types of leases.
Felicia B. Canfield
Both new and experienced practitioners will find
First American Title Insurance
valuable content in this program, including:
Company
Portland, Oregon
§ A leasing due diligence checklist
§ Pitfalls to avoid
Imran Naeemullah
§ Real-life examples of issues that were avoided
Cades Schutte LLP
through due diligence Honolulu, Hawaii
§ Key lease provisions to consider during due
diligence Amy L. Lawrenson
Baird Holm LLP
Omaha, Nebraska
33rd RPTE Virtual CLE Conference 15 rptecleconference.com1:30 – 2:45 PM Updated ALTA Forms: What's New Program Chair and
Moderator:
We will go through the new ALTA forms for Ryan T. Christiansen
Commitment, Loan Policy and Owner's Policy Liskow & Lewis
which are currently scheduled to be effective July 1, New Orleans, Louisiana
2021. We will discuss what has changed, the reason
for the changes, and what remains the same. Speakers:
Chelsea P. Fitzgerald
Liskow & Lewis
New Orleans, Louisiana
James Gosdin
Stewart Title
Houston, Texas
Vanessa Sharpe
First American Title
New Orleans, Louisiana
33rd RPTE Virtual CLE Conference 16 rptecleconference.comREAL PROPERTY PROGRAMS
THURSDAY, APRIL 22
ALL TIMES ARE CENTRAL STANDARD TIME
10:00 – 11:00 AM COVID-19 Infects Real Property: The Program Chair and
Speaker:
Impact on the Real Estate Market and
C. Scott Schwefel
its Implications for the Real Estate Shipman, Shaiken &
Attorney - A Collaborative Program Schwefel LLC
West Hartford, Connecticut
with The Appraisal Institute
The coronavirus pandemic has impacted many sectors Moderator and Speaker:
of the global economy, and real estate is no exception. R. Marshall Grodner
With widespread unemployment and business McGlinchey Stafford PLLC
Baton Rouge, Louisiana
failures, COVID-19 has hurt nearly every corner of the
housing, commercial, industrial, and retail real estate
Speaker:
markets. This program explores the intersection of the
Paula K. Konikoff
coronavirus pandemic and the real estate market
Paula Konikoff, JD, MAI,
including short and long-term effects on real estate
AI-GRS
values and implications for real estate practitioners. Los Angeles, California
10:00 – 11:00 AM Cancelling and Modifying Mortgage, Program Chair, Moderator
and Speaker:
PPP and Business Debt in a COVID
Philip R. Hirshfeld
World Cole Schotz P.C.
New York, New York
Federal, state and local pandemic relief, PPP and other
legislation to prevent or forestall mortgage and debt
Speakers:
foreclosure and provide rent relief will be discussed
Joseph A. Dane
along with other legal and practical planning strategies Goodsill Anderson Quinn
to lessen the foreclosure risk. Eliminating or deferring & Stifel
recognition of cancelled debt income and adverse tax Honolulu, Hawaii
effects from modifying debt will be addressed
including the unique traps and opportunities faced by Teresa A. Maloney
partnerships and LLCs. Jones Day
San Francisco, California
Gerald V. Thomas II
McGuireWoods LLP
Atlanta, Georgia
33rd RPTE Virtual CLE Conference 17 rptecleconference.com11:30 AM – 12:30 PM The Ethics of RON (Remote Online Program Chair:
Manuel Farach
Notary) Practice
Mrachek, Fitzgerald, Rose, Konopka,
Many of us are now working from home since COVID- Thomas & Weiss, P.A.
19 and now need to know and understand how RON West Palm Beach, Florida
works. Join two distinguished panelists who have
been extraordinarily involved with RON to discuss the Moderator:
ethics of remote online notary practice. R. Marshall Grodner
McGlinchey Stafford PLLC
Baton Rouge, Louisiana
Speakers:
Orlando Lucero
Fidelity National Title Insurance Group
Albuquerque, New Mexico
Melissa Murphy
The Fund Title Services, Inc. Orlando,
Florida
11:30 AM – 12:30 PM The Impact of COVID on Senior Program Chair:
Michael A. Okaty
Housing Financing, M&A and Foley & Lardner LLP
Operations Orlando, Florida
A panel of industry experts will discuss the impact of
Moderator:
COVID on senior housing financing, M&A and
George Weidenfeller
operations. Attorneys and industry leaders will
Telesis Corporation
address what COVID means to management of
Washington, DC
existing senior housing as well as the impact on
potential for future development. Consideration will
Speakers:
be given to resources available to address the needs of
Tracey Bracco
residents, developers and owners. Discussion will CNL FInancial Group
include challenges and opportunities for affordable Orlando, Florida
assisted living facilities.
Kathryn Burton-Gray
Seniors Capital, LLC
Paradise Vallley, Arizona
Ashleigh Dane
Equus Development Partners
Charleston, South Carolina
33rd RPTE Virtual CLE Conference 18 rptecleconference.comSarabeth Hanson
Harbor Retirement Associates
Vero Beach, Florida
Christine L. Hayes
Confluent
Denver, Colorado
1:00 – 2:00 PM The Future of Real Estate: Which Program Chair, Moderator
and Speaker:
Trends are Here to Stay
Sarah D. Cline
In the past decade, as millennials have become an Shulman Rogers
Potomac, Maryland
important demographic as consumers, entrepreneurs,
and employees, they have brought new perspectives
Speakers:
and priorities to the places they work and live. This has
Imran Naeemullah
spurred changes throughout the real estate industry,
Cades Schutte LLP
including the real estate market, real estate
Honolulu, Hawaii
transactions, and real estate development. Some of
those changes, which will be discussed in this program Spencer Levy
include: CBRE
Baltimore, Maryland
§ How they've revolutionized the home buying
process, i.e., the level of involvement they
demand in the process, the online research they
are doing, and the technology they are
demanding (including electronic signature,
electronic notarization, secure electronic
delivery of EMDs, and secure electronic delivery
of title and closing services and updates
§ Statistics on when millennials are buying and
what they are buying
§ Adjustments developers are having to make to
new mixed-use projects, including rideshare
staging, development walkability, on-site
amenities (yoga studios, dogwash facilities, etc.)
§ How millennial demand for more flexibility in
the workplace (such as remote work) has
changed the commercial leasing environment
and how COVID-19 has amplified those
demands
33rd RPTE Virtual CLE Conference 19 rptecleconference.com1:00 – 2:00 PM Keep it Clean, Keep it Safe, Keep the Program Chair and
Speaker:
Heads in Beds: Guest Safety Issues
Tara K. Gorman
Arising from COVID-19 Loeb & Loeb LLP
Washington, DC
This program will examine the legal issues facing the
hospitality in the current and post
Moderator and Speaker:
COVID environment. We will:
Steven H. Mezer
Becker & Poliakoff
§ Examine guest safety issues and their impact on
Tampa, Florida
a hotel’s liability and profitability, in an
environment requiring quick response rapidly
Speakers:
developing safety standards
Jonathan Falik
§ Show how technology and artificial intelligence JF Capital Advisors
(AI) will continue to impact the hospitality Tampa, Florida
industry and contribute to guest safety
measures Charles P. Paret
§ Consider when and how to modify brand Coloma River Hospitality
standards to implement the increased laser Washington, DC
focus on operations and daily cleaning in the
current COVID-19 environment and into the
future
33rd RPTE Virtual CLE Conference 20 rptecleconference.com2:30 – 3:45 PM Trouble at the Park Hotel: The Program Chair and
Moderator:
Fictional Challenges of a Luxury Hotel
Dennis D. Kiely
Struggling to Stay Afloat and Avoid K&L Gates
Foreclosure During a Global Pandemic New York, New York
Hotels have faced unprecedented challenges staying Speakers:
afloat during the COVID-19 pandemic, particularly Kevin Davis
luxury hotels that rely on business travel and group Jones Lang LaSalle
business conferences. In this program, the moderator Incorporated
will walk along a timeline of COVID-19 distress New York, New York
experienced by a fictional luxury business hotel, with a
focus on forbearance, workout, and rescue capital Kari L. Larson
negotiations with their lenders. Topics will include pre- K&L Gates LLP
Seattle, Washington
negotiation letters, intercreditor agreements and
existing loan document considerations, forbearance
Heather A. Horowitz
and workout agreements, rescue capital, note sales,
K&L Gates LLP
borrower bankruptcy, foreclosure, and deeds or New York, New York
assignments in lieu of foreclosure. The speakers are all
experienced practitioners who are currently working Amy H. Ironmonger
through multiple hotel workouts on behalf of hotel K&L Gates LLP
owners, lenders and hotel brands. New York, New York
2:30 – 3:45 PM Impact of the Pandemic on Program Chair and
Speaker:
Commercial Leasing
George P. Bernhardt
The pandemic has completely upended the world of Baker Hughes Company
Houston, Texas
commercial leasing. The panelists will consider the
application of force majeure and common law
Moderator:
remedies to commercial leases as well as evolving
Helen M. Mittelman
practices relating to the pandemic and emerging case
Helen M. Mittelman, P.A.
law.
Miami Beach, Florida
Speakers:
Jack Fersko
Greenbaum, Rowe, Smith &
Davis LLP, Roseland
New Jersey
Shelby D. Green
Pace University Haub School
of Law
White Plains, New York
33rd RPTE Virtual CLE Conference 21 rptecleconference.comREAL PROPERTY PROGRAMS
FRIDAY, APRIL 23
ALL TIMES ARE CENTRAL STANDARD TIME
10:30 – 11:30 AM Law Professors' Update Program Chair and
Moderator:
Law Professors will discuss how COVID-19 has Shelby D. Green
restructured various legal relations, including landlord- Pace University Haub
tenant, purchase and sale, and mortgages. School of Law
White Plains, New York
Speakers:
Judith L. Fox
University of Notre Dame
Law School
Notre Dame, Indiana
Christopher Odinet
University of Iowa School
of Law
Iowa City, Iowa
Andrea J. Boyack
Washburn University School
of Law
Topeka, Kansas
10:30 – 11:30 AM Estoppels and SNDAs - Understanding Program Chair and
Speaker:
and Negotiating the Landlord’s
G. Andrew Gardner
Lender's Lease Documents Walter Haverfield LLP
Cleveland, Ohio
This Program will review issues related to the two
principal documents that landlords’ lenders require
Speakers:
from tenants: Estoppel Certificates and Subordination,
Hannah Dowd McPhelin
Non-Disturbance and Attornment Agreements. The Troutman Pepper
panel will discuss these documents from the Harrisburg, Pennsylvania
perspectives of the landlord, tenant and lender,
focusing on the issues that are most frequently "hot Joseph M. Saponaro
button" issues negotiated by these parties. The panel Meyers, Roman, Friedberg
will also discuss how these documents should be & Lewis
addressed in the underlying lease, and how an SNDA Cleveland, Ohio
can inadvertently amend the underlying lease and
33rd RPTE Virtual CLE Conference 22 rptecleconference.comprovide suggestions regarding best practices when
coordinating delivery of these documents during both
acquisition financing transactions and refinancing
transactions.
11:45 AM – 1:00 PM No Property Left Behind: Does All Real Program Chair:
Robert S. Freedman
Estate Return to Normal Post-COVID? Calrton Fields, P.A.
Tampa, Florida
More than a year ago, commercial real estate
professionals hoped and expected that the COVID
Moderator and Speaker:
downturn would be sharp but short-lived. A year later,
Brian Olasov
lenders, borrowers, property managers and
Carlton Fields, P.A.
developers are asking the tougher questions: Can my
New York, New York
property return to 2019 performance levels? Have the
needs of space users changed permanently? If Speakers:
adaptive reuse is the right choice, how do I get from Victor Calanog
here to there? A team of national real estate industry Moody’s Analytics
experts leads a provocative discussion on what to New York, New York
expect across property types and geographies as we
begin to see some light at the end of the pandemic KC Conway
tunnel. Red-Shoe Economics
Atlanta, Georgia
Robert C. Paul, RPTE Section Chair-Elect and Robert S.
Freedman, Real Property Division Vice Chair will Lisa Pendergast
deliver welcoming remarks. CRE Financial Council
New York, New York
Donald Sheets
Broadshore Capital Partners
New York, New York
33rd RPTE Virtual CLE Conference 23 rptecleconference.com1:15 – 2:15 PM JOINT PROGRAM Program Chair and
Speaker:
The Forgotten 40 Acres: How Real Sarah Moore Johnson
Birchstone Moore LLC
Property and Probate Laws Washington, DC
Contributed to the Racial Wealth Gap
and How Tax Policy Could Repair It Speakers:
Vanesa Browne
This program will address the history behind the initial Bessemer Trust
success and ultimate failure of Sherman's Special Field Washington, DC
Order 15 promising freed slaves 40 acres (but not a
mule), and the case for reparations today by covering Raymond C. Odom
the following: The Northern Trust Company
Chicago, Illinois
§ Real property and probate laws contributing to
the racial wealth gap, including sharecropping,
redlining, and the failures of state intestacy laws
§ Past international examples of reparations paid
to non-white South Africans after apartheid and
Holocaust victims, as well as domestic
examples of reparations paid to Japanese
Americans interred during World War II and
Native Americans
§ Various options for reparations in the United
States, including redistribution of land, baby
bonds, life insurance, and community-based
investments, and what these measures might
cost
§ Whether real property taxes and estate taxes
are appropriate sources of funding for
reparations
§ Developments across the U.S. from Asheville,
NC; Providence, RI; California; and the
increasing interest in Representative John
Conyers’ H.R. 40
33rd RPTE Virtual CLE Conference 24 rptecleconference.com1:15 – 2:15 PM JOINT PROGRAM Program Chair and
Speaker:
Must-Have Engagement Letter Laura J. Lattman
The Lattman Law Firm LLC
Clauses: Avoiding Practice Pitfalls New York, New York
The panel will recommend unconventional
engagement letter clauses to simplify and safeguard Speakers:
your practice. Issues addressed include: identifying the Soo Yeon Lee
Mauck & Baker, LLC
correct client; preserving privilege; correctly engaging
Chicago, Illinois
other professionals; defining/limiting the scope of
engagement; defining client v. attorney roles and Sahmra A. Stevenson
limits of authority; properly ending the representation S.A. Stevenson Law Offices, LLC
(including best practices for firing the client); ensuring Colombia, Maryland
payment; and destroying/retaining files
retention/destruction.
33rd RPTE Virtual CLE Conference 25 rptecleconference.com2:45 – 3:45 PM JOINT PROGRAM Program Chair:
Clifford Scott-Rudnick
The Descendants – The Movie: Attorney at Law
Chicago, Illinois
Lessons for Estate Planners
Panelists will comment on the practical, legal, and Speakers:
ethical concerns raised by the scenes from the film Daniel Kofman
Blake, Cassells & Graydon, LLP
“The Descendants.” Attendees are encouraged to
Toronto, Ontario, Canada
watch the entire movie before the program. Note:
This program will not be available on-demand.
William P. LaPiana
Participants will only be able to view the session at the New York Law School
time of the live presentation. New York, New York
Kelly Quam
First American Title Insurance
Company
Minneapolis, Minnesota
2:45 – 3:45 PM JOINT PROGRAM Program Chair, Moderator
and Speaker:
The Value of Mentors in a World Gone Jennifer E. Smith
McCollom D'Emilio Smith
Crazy Uebler LLC
Wilmington, Delaware
This presentation will inspire attendees to mentor
young professionals in their organizations and
Speakers:
networks in order to create a diverse and inclusive
George P. Bernhardt
cadre of professionals to best serve 21st century
Baker Hughes Company
clients. This panel will explore the benefits of
Houston, Texas
mentoring, offer a variety of mentoring techniques,
and highlight strategies for mentoring in a remote Bobbie Nenno Larkin
work environment. Glenmede
Philadelphia, Pennsylvania
Karly Laughlin
Belfint Lyons Shuman, P.A.
Wilmington, Delaware
Elizabeth C. Lee
Womble Bond Dickinson
Washington, D.C.
33rd RPTE Virtual CLE Conference 26 rptecleconference.comFind Your Well-Being!
The RPTE Deliberate Well-Being campaign focuses on information you can use to
balance the demands of the profession. “Deliberate” recognizes what we, as lawyers,
do best: developing and implementing careful strategies aimed at achieving specific
objectives. The campaign addresses what we often do not do well, which is caring
for ourselves. A sustained commitment to activities that enhance our personal wel-
fare will benefit us both individually and professionally. Join us as we take an active
and intentional role toward a healthy life amidst a fulfilling legal career.
For more information regarding upcoming programs, please visit
ambar.org/rptewellness
33rd RPTE Virtual CLE Conference 27 rptecleconference.comInterested in
Corporate
Sponsorship?
The ABA’s Real Property, Trust and Estate Law Section will again host its highly anticipated 33rd
Annual RPTE Virtual CLE Conference. This year, we will have a brand-new platform that will offer
sponsors greater visibility and networking opportunities!
We are very fortunate to have the ability to host this event virtually and to offer attendees the
opportunity to obtain CLE this spring with RPTE. We are also excited to provide our sponsors
with NEW digital engagement options and exclusive visibility with this change in format.
Our new format will allow for sponsor visibility and attendee engagement opportunities that will
provide pre-event exposure, visibility, and networking/branding/chat functionality during the
virtual experience and then post-show materials will be available for six months after the event!
We have a limit to the number of sponsors that we can accept at each level, so if you have a
need to reach Real Property or Trust and Estate attorneys - let me know ASAP so that we can
schedule a call to discuss the options for sponsorship.
Please contact:
CHRIS MARTIN
Vice President, Sales
T: +1 (410) 316-9859
E: chris.martin@mci-group.com
33rd RPTE Virtual CLE Conference 28 rptecleconference.comTrust and Estate
Programs
33rd RPTE Virtual CLE Conference 29 rptecleconference.comTRUST AND ESTATE PROGRAMS
WEDNESDAY, APRIL 21
ALL TIMES ARE CENTRAL STANDARD TIME
10:00 – 11:00 AM What To Do With All This Stuff: Program Chair and Speaker:
Ramsay H. Slugg
Administering an Estate with Art and Bank of America
Collectibles Fort Worth, Texas
Issues for estates with art and collectibles range from
Moderator:
the practical to complex questions as to ownership.
Diana Wierbicki
The panel will discuss: Withers Bergman LLP
New York, New York
§ Locating and securing art and collectibles
§ Valuation issues and options
Speakers:
§ Establishing ownership
Tash Perrin
§ Insurance coverage throughout the process of Christie’s
estate administration New York, New York
§ Disposition of art and collectibles: When to
donate? What to sell? Mary Pontillo
§ Funding trusts with art and collectibles Dewitt Stern Fine Art
§ Fiduciary issues and management of New York, New York
beneficiaries’ wishes
Elisa Shevlin Rizzo
The Northern Trust Company
New York, New York
10:00 – 11:00 AM The Basics of Life Insurance in a Program Chair and
Speaker:
Changing World
Melisa Seyhun
This fundamentals program will provide an overview Schiff Hardin LLP
Chicago, Illinois
of commonly used life insurance products and their
basic structures and rules to give planners the tools to
Moderator:
advise clients who own or are considering purchasing
Renee E. Salley
a life insurance policy. In addition, the panel will
The Salley Firm, LLC
discuss the updated transfer for value regulations and
Atlanta, Georgia
how planners can implement strategies serving the
business needs of estate planning clients. Highlights Speakers:
include: Gordon Hartman
Estate and Tax Planning
§ Types of life insurance policies and practical
Attorney
uses Atlanta, Georgia
§ The risks associated with life insurance
33rd RPTE Virtual CLE Conference 30 rptecleconference.com§ Helping clients understand the life insurance
underwriting process
Bruce A. Tannahill
§ Assessing and minimizing pitfalls in light of
MassMutual
transfer for value regulation changes and use Wichita, Kansas
with buy-sell agreements
11:30 A M– 12:45 PM Can Flexible Drafting Go Too Far? Program Chair:
Michael A. Sneeringer
And Your Annual Non-Tax Hot Topics Porter Wright Morris &
Arthur LLP
This program will provide an update of hot topics and Naples, Florida
will address flexible drafting techniques including:
Speakers:
§ HDAPTs. Hybrid Domestic Asset Protection
Cara M. Koss
Trusts start as plain vanilla dynasty trusts, but a
Arnold & Porter Kaye Scholer
non-fiduciary individual is given the authority to Washington, DC
add the settlor to the class of permissible
beneficiaries. That effectively converts the trust Alex S. Tanouye
to a self-settled trust, thereby changing the The Northern Trust Company
trust’s function/purpose. Washington, DC
§ Elective Share. It may be possible to
incorporate and elective share provision for a Lee-ford Tritt
spouse without naming the spouse (directly University of Florida Levin
anyway) as a beneficiary. This could mean that College of Law
what looks like a trust for descendants could – Gainesville, Florida
in part – convert to a marital trust.
T. Sandra Fung
§ Nonjudicial Settlements. Parties to a trust can
Withers Bergman LLP
make many interesting changes to trusts New York, New York
without judicial involvement, and often without
the settlor. Do laws establishing limits on
nonjudicial settlements stand a chance against
the machinations of wily estate planners?
§ Decanting. The ability to decant a trust is not
new, but are there limits as to how flexible this
power can be? When a fully discretionary trust
is created for the benefit of a large class of
beneficiaries, but a broad decanting power is
incorporated, it may be possible to eliminate all
but one or several beneficiaries, or perhaps
create an entirely charitable trust
33rd RPTE Virtual CLE Conference 31 rptecleconference.com11:30 AM – 12:45 PM Charitable Giving Beyond the Program Chair and
Moderator:
501(c)(3): New, Holistic Models to
Carly E. Doshi
Achieve Higher Impact for Clients HSBC
New York, New York
This session will focus on expanded definitions of
impact through new structures such as donor-advised
Speakers:
funds, 501(c)(4)s, and charitable LLCs; as well as
Preston C. Demouchet
impact and environmental, social and governance Carter Ledyard & Milburn LLP
investing. In the wake of COVID-19 and the emergence New York, New York
of a new generation of philanthropists, estate
planners are increasingly called upon to help clients Andrew S. Katzenberg
achieve their charitable ambitions. Hear from experts DLA Piper
on new models for giving beyond the 501(c)(3), and New York, New York
increase the tools in your toolbox for advising clients
achieving philanthropic impact Ruth M. Madrigal
KPMG
Washington, DC
Leila L. Zakhem
Full Impact Advisory
London, England
1:30 – 2:45 PM Fiduciary-ing During Dislocations: Program Chair and
Moderator:
Best Practices for Volatile Markets,
Laura T. Lattman
Family Upheavals, Pandemics and McLaughlin & Stern, LLP
More New York, New York
The COVID-19 pandemic and the associated market Speakers:
volatility have shed new light on some familiar Verley Brown
fiduciary issues and also created some novel ones. McLaughlin & Stern, LLP
This program will address: New York, New York
§ Transitioning to an entirely web-based/remote Preston C. Demouchet
platform for carrying out fiduciary duties Carter Ledyard & Milburn LLP
§ Limiting liability and managing risk during New York, New York
financial volatility
§ Exercising discretion to deal with novel or Mark M. Parthemer
unusual circumstances and requests by Bessemer Trust
beneficiaries Palm Beach, Florida
§ Dealing effectively with emotional and
psychological consequences of the dislocation
vis-a-vis beneficiaries
33rd RPTE Virtual CLE Conference 32 rptecleconference.com1:30 – 2:45 PM The Defined Value Clause - No Longer Program Chair and
Speaker:
Exotic
Stephen Liss
Taxpayers have enjoyed a string of victories with Schiff Hardin LLP
New York, New York
valuation clauses. The McCord, Christiansen, Petter,
Hendrix and Wandry cases each provided a road map
Moderator:
for using these clauses in a way the tax court would
Dana M. Foley
respect. Nearly a decade after the Wandry decision,
Arnold & Porter Kaye
use of defined value clauses to mitigate tax risks
Scholer LLP
should now be considered standard, not exotic. With Washington, DC
lower estate tax exemptions, a larger number of
clients will be able to benefit from the certainty that Speakers:
can be provided by well-crafted valuation clauses. Keri D. Brown
Baker Botts LLP
Houston, Texas
James I. Dougherty
Withers Bergman LLP
Greenwich, Connecticut
Joanna G. Morrison
Schiff Hardin LLP
Chicago, Illinois
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33rd RPTE Virtual CLE Conference 33 rptecleconference.comTRUST AND ESTATE DIVISION PROGRAMS
THURSDAY, APRIL 22
ALL TIMES ARE CENTRAL STANDARD TIME
10:00 – 11:00 AM Planning When Medicaid Eligibility Is Program Chair and Speaker:
Heidi M. Brown
An Issue Osterhout & McKinney, PA
Fort Myers, Florida
This program will introduce planning concepts that
may appear when a client who is not a Medicaid
Moderator:
recipient has a spouse or child who is or may become
M. John Way
eligible for Medicaid benefits. The panel will discuss:
Schwabe Williamson & Wyatt
Seattle, Washington
§ Changing an estate plan to a Medicaid plan
§ The use of a testamentary special needs trust in
Speakers:
an estate plan to protect the interest of a
Mary Elizabeth “Beth”
spouse in a nursing home
Anderson
§ The use of Sole Benefit Trusts for a disabled
Wyatt, Tarrant & Combs, LLP
child
Louisville, Kentucky
Benjamin A. Rubin
Rubin Law
Chicago, Illinois
10:00 – 11:00 AM Successor Trustees and Section 672(c): Program Chair and Speaker:
Stephen Liss
A Prison of Our Own Making? Schiff Hardin LLP
New York, New York
Since 1995 it has been common to prohibit "related or
subordinate" parties from serving as successor
Speakers:
trustees. Overuse of this restriction may be limiting
Jessica Coutré
options for clients. This panel will explore:
Freeborn & Peters, LLP
Chicago, Illinois
§ The origins of this limitation
§ The true limitations on successor trustees in
Amy K. Kanyuk
various scenarios
McDonald & Kanyuk PLLC
§ The ways poor drafting often restricts trustee
Concord, New Hampshire
choices
§ Options for drafting successor trustee
provisions
33rd RPTE Virtual CLE Conference 34 rptecleconference.com11:30 AM – 12:30 PM Do's and Don'ts of Donor Intent: Managing Program Chair,
Moderator and
Disputes over Restricted Charitable Gifts,
Speaker:
Donor Intent and Changed Circumstances David E. Lieberman
Levin Schreder & Carey
This panel will discuss issues that arise in administering
Ltd.
restricted charitable gifts. The panel will offer guidance to Chicago, Illinois
practitioners concerning the following topics:
Speakers:
• What is the current state of the law governing
restricted gifts and charitable trusts when Nancy Assaf
circumstances change? McLaughlin
• Lessons that can be learned from high profile University of Utah
disputes involving donor-imposed restrictions on Salt Lake City, Utah
charitable gifts.
• The current state of the law governing restricted Melissa Osorio
gifts and charitable trusts Dibble
• The risks trustees and charitable organizations and Archer
their board members face if they fail to comply with Haddonfield, NJ
• donor-imposed restrictions
• Who has standing to seek to enforce or modify
restrictions on charitable gifts
• The legal tools available to modify restrictions when
circumstances change
• The role of the State Attorney General in enforcing
donor-imposed restrictions
• Drafting gift agreements to address the possibility of
changed circumstances and reduce the chances of
future controversies
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33rd RPTE Virtual CLE Conference 35 rptecleconference.com11:30 AM – 12:30 PM Choosing A Trustee - Harder Than It Program Chair, Moderator
and Speaker:
Sounds? Considerations for Naming a
Emily A. Plocki
Fiduciary when a Trust will Hold Venable
Closely-Held Business Assets Washington, DC
This program will examine the considerations involved Speakers:
in choosing a trustee. The panel will discuss the pros Nathan R. Brown
and cons associated with various types of fiduciaries. McDermott Will & Emery, LLP
Topics to be discussed include: Chicago, Illinois
§ A broad conversation of the selection criteria Chelsea L. McGrath
for fiduciaries Venable
§ Selection and consideration of a corporate Washington, DC
fiduciary
§ Review of inherent conflict and material Alex S. Tanouye
participation rules if a business officer serves as The Northern Trust Company
a trustee Washington, DC
33rd RPTE Virtual CLE Conference 36 rptecleconference.com1:00 – 2:00 PM Grantor Trust Reimbursement Program Chair, Moderator
and Speaker:
Statutes: A Magic Wand to Allay the
Jennifer E. Smith
Woes of Grumpy Trustors McCollom D'Emilio Smith
Uebler LLC
Creating a trust that qualifies for grantor trust status Wilmington, Delaware
means that the trustor will be responsible for the
taxes associated with income of the trust during the Speaker:
trustor’s lifetime. The payment of taxes by the trustor Kristen A. Curatolo
(rather than from the assets of the trust) enhances the Kirkland & Ellis LLP
growth of trust assets and does not require any New York, New York
additional allocation of the trustor’s unified lifetime
gift and estate tax exemption or generation skipping
transfer tax exemption. Estate planners love this
feature and so do trustors, until something happens
and the trustor is no longer happy to pay the taxes
associated with the trust. What’s an estate planner to
do when her client has a serious case of buyer’s
remorse? A handful of jurisdictions now offer a
solution.
This panel will:
§ Compare and contrast the reimbursement
statutes for Colorado, Connecticut, Delaware,
Florida, New Hampshire, and New York (with
particular focus on Connecticut and Florida,
which enacted legislation in 2020 and a 2021
proposed amendment in Delaware)
§ Discuss how to migrate a trust to a jurisdiction
that has a grantor reimbursement statute
§ Provide sample grantor reimbursement
language and offer words of caution to avoid
potential pitfalls
33rd RPTE Virtual CLE Conference 37 rptecleconference.com1:00 – 2:00 PM BDITs, BDOTs and Will They Remain Program Chair:
Michael A. Sneeringer
BDON’Ts Porter, Wright, Morris & Arthur
Naples, Florida
Beneficiary Defective Inheritors Trusts and Beneficiary
Deemed Owner Trusts may appear appealing to clients Moderator and Speaker:
seeking to preserve family wealth, but these vehicles Katarinna McBride
may raise more issues than clients can handle. The FOCUS Family Office Counsel
panel will discuss: Vail, Colorado
§ Administrative burdens and how they naturally
Speakers:
lead to bad facts
Steven B. Gorin
§ Valuation and gift tax reporting - dotting your Thompson Coburn LLP
i's and crossing the t's of the BDIT St. Louis, Missouri
§ The IRS position and disposition
§ Finding the right BD trust - Updates and new Edward Morrow III
approaches Huntington National Bank
Private Wealth Management
Cincinnati, Ohio
2:30 – 3:45 PM Undue Influence and Elder Abuse Program Chair and
Moderator:
Allegations against Spouses, Family
M. John Way
Members, and Caregivers Schwabe, Williamson & Wyatt
Seattle, Washington
Vulnerable clients can be prey to those upon whom
they depend on for care. This program will explore the
Speakers:
issues that may arise in this context, including the
Chasity Grice
effect of the COVID-19 pandemic on prevention and Peppel, Grice & Palazzolo, P.C.
discovery. The program will review undue influence Memphis, Tennessee
cases and provide resources and guidance in the
following areas: Crystal Patterson
Gulfstream Commercial
§ Factors considered by various courts in Services
recognizing undue influence Owensboro, Kentucky
§ Recourse in situations involving property
transfers and mismanagement of funds, Julian Zebot
§ Various state laws regarding the ability of Maslon, LLP
financial institutions to assist family members Minneapolis, Minnesota
in the protection of vulnerable adults
§ Issues or defenses unique to the spousal
relationship
33rd RPTE Virtual CLE Conference 38 rptecleconference.com2:30 – 3:45 PM Potential Partnership Tax Pitfalls for Program Chair, Moderator
and Speaker:
Planners
Marissa Dungey
This program offers a discussion of potential pitfalls Withers Bergman LLP
Greenwich, Connecticut
involving interests in partnership that can trip up gift
and estate tax planning, including:
Speakers:
§ Section 1061 and the impact of the final Thomas A. Cooper
Treasury Regulations, and continuing unknowns Moore & Van Allen PLLC
Charlotte, North Carolina
for family offices
§ Business terms in partnership agreements or
Kelly M. Perez
related buy-sell agreements at odds with
J.P. Morgan Private Bank
Chapter 14
Dallas, Texas
§ Partnership audit rules and the potential to
shift tax liability
Naomita Yadav
§ Section 754 elections in estate and trust EY
administration San Francisco, California
§ Implications of negative basis on a transfer to a
non-grantor trust
§ Material participation in the context of a trust
and considerations for when it may be more tax
efficient for a trust to not be a material
participant
§ Considerations related to charitable giving with
partnership assets and partnership interests
§ Benefits of partnerships relative to other entity
options
33rd RPTE Virtual CLE Conference 39 rptecleconference.comYou can also read
