The Commercial Real Estate/Estate Planning Interface

The American Bar Association Section of Real Property, Trust and Estate Law and the ABA Center for Continuing Legal Education are sponsoring a teleconference and live audio webcast on November 19, 2008 entitled Estate Planning for the Commercial Real Estate Client: A Conversation Between Estate and Real Property Lawyers.

Here is a description of this program:

Estate planning clients often hold commercial real estate for investment or active development and management.  As a result, estate planning lawyers often confront real estate issues, and real estate lawyers must also keep in mind the estate planning goals of their clients.  This program will explore these issues, with a focus on transfers of real estate and real estate holding entities for estate planning purposes. The panel will explore common estate planning techniques applicable to owners of commercial properties and will also discuss the complications relating to transfers of property subject to loans, tenant leases and other common commercial real estate issues.

Topics to be covered include:

• Reorganizations and holding company structures
  • What type of entity should be used?
  • Where should it be formed?
  • What type of conveyance documents should be used?
• Requirements for lender notice or consent
• Title insurance implications
• The potential to trigger state and local tax law issues
• Common estate planning techniques
  • Use of trusts
  • Gifts of fractional interests in entities
• Provisions to include in trust agreements to address real estate holdings
• Provisions to include in operating agreements to address trust members
• Preparing for subsequent transfers on the client’s death or on termination of a trust