American Bar Association Section of Real Property, Trust and Estate Law
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| American Bar Association Section of Real Property, Trust and Estate Law | |
|---|---|
| Name | American Bar Association Section of Real Property, Trust and Estate Law |
| Formation | 1942 |
| Type | Professional association |
| Headquarters | Chicago, Illinois |
| Parent organization | American Bar Association |
| Website | Official site |
American Bar Association Section of Real Property, Trust and Estate Law is a specialized section of the American Bar Association focusing on real property law, trust law, estate law, and related transactional and litigation practice areas involving probate law and fiduciary duties. It serves practitioners across the United States and internationally, interacting with courts such as the United States Supreme Court, state supreme courts like the New York Court of Appeals and the California Supreme Court, and regulatory bodies including the Internal Revenue Service and state bar associations such as the New York State Bar Association and the State Bar of California.
History and Organization
Founded during the World War II era, the section developed as a response to evolving needs in property law and tax law and has roots connected to influential legal figures and institutions like the National Conference of Commissioners on Uniform State Laws and the American Law Institute. Early interactions included debates over the Revenue Act of 1942 and later engagement with reforms such as the Uniform Probate Code and the Uniform Trust Code. Its organizational evolution mirrored shifts addressed by entities like the United States Treasury and professional groups including the Association of American Law Schools.
Mission and Objectives
The section's mission aligns with the American Bar Association's professional objectives to improve the administration of justice and advance legal education, focusing on issues arising under statutes such as the Internal Revenue Code, common law doctrines reflected in decisions like In re Estate of Rockefeller-era cases, and statutory reforms like the Uniform Commercial Code. It seeks to influence practice through model acts, continuing legal education that engages speakers from institutions such as Harvard Law School, Columbia Law School, Yale Law School, and to provide resources for members involved in matters concerning entities such as limited liability companies, real estate investment trusts, and family businesses.
Leadership and Governance
Governance follows a structure of elected officers and council members, with leadership often drawn from law firms like Skadden, Arps, Slate, Meagher & Flom, Cravath, Swaine & Moore, and regional firms represented on councils akin to those of the American Law Institute and bar sections of the District of Columbia Bar. Officers liaise with committees focusing on litigation and transactions, coordinate with agencies such as the Securities and Exchange Commission on trust and fiduciary issues, and work with judges from courts including the United States Court of Appeals for the Second Circuit.
Committees, Forums, and Task Forces
The section operates numerous substantive committees and practice forums that parallel the structures of the Real Property, Probate and Trust Law Section of state bars and national groups like the National Association of Estate Planners & Councils. Topics include estate planning, trust administration, real estate finance, tax controversies, elder law, and international estate planning, with task forces convened for issues related to the Foreign Account Tax Compliance Act, consumer protection developments under the Federal Trade Commission, and crisis responses to events like the 2008 financial crisis.
Publications and Educational Programs
Publications include treatises and periodicals comparable to works published by Matthew Bender and the American Bar Association Journal, with manuals and compilations used by practitioners and judges cited in opinions from the California Court of Appeal and New Jersey Supreme Court. Educational programs feature CLE conferences, webinars, and symposia held in cities such as New York City, Chicago, and Washington, D.C., often with panels including academics from Stanford Law School, University of Pennsylvania Law School, and practitioners from firms like Latham & Watkins and Jones Day.
Policy Advocacy and Model Acts
The section drafts and promotes model acts and policy positions that intersect with work by the Uniform Law Commission (formerly National Conference of Commissioners on Uniform State Laws), commenting on federal proposals by the United States Department of the Treasury and legislative initiatives in state capitols such as Sacramento, California and Albany, New York. Past policy contributions have touched on revisions to the Uniform Probate Code, trust decanting standards influenced by cases like those adjudicated in the Delaware Court of Chancery, and taxation provisions under the Tax Cuts and Jobs Act of 2017.
Awards, Recognition, and Membership Benefits
The section confers awards and recognitions analogous to honors from the American Law Institute and the ABA Medal, acknowledging contributions by notable practitioners, academics, and judges including members of the United States Court of Appeals for the Ninth Circuit and state court rosters. Member benefits include access to specialized publications, reduced CLE fees, networking opportunities with organizations like the International Bar Association and the Estate Planning Council, and leadership pathways that mirror committees in state bar sections.
Notable Projects and Impact on Practice
Notable projects include drafting guidance used in estate and trust litigation, contribution to amendments of the Uniform Trust Code, and producing model forms and protocols cited by trial courts such as the Harris County District Courts and probate courts in jurisdictions like Miami-Dade County. The section's influence extends to shaping academic discourse at conferences hosted by institutions like the University of Chicago Law School, informing legislative reform in states including Florida and Texas, and providing practitioner resources that affect transactional work at firms such as Greenberg Traurig and litigation strategy in chambers of judges appointed by presidents including Barack Obama and Donald Trump.