News & Analysis as of

Trusts Real Estate Transfers

Adams & Reese

FinCEN Rule Targets All-Cash Residential Real Estate Deals Involving Entities & Trusts

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A new nationwide anti-money laundering rule introduces mandatory reporting to the U.S. Department of Treasury’s FinCEN (Financial Crimes Enforcement Network) for specific all-cash residential real estate transactions...more

Lathrop GPM

Qualified Spousal Trust: Unique Creditor Protection for Married Couples in Missouri

Lathrop GPM on

Following changes to the federal estate tax law in 2010 – which eliminated the need for separate trusts for married couples to use both spouses’ federal estate tax exemptions – Missouri enacted a new law in 2011 authorizing...more

Winstead PC

Court Rules On Personal Jurisdiction In A Trust Dispute, Holding That In Rem Jurisdiction Still Requires Personal Contacts With A...

Winstead PC on

In Hooten v. Collins, a dispute arose between the trustee of a Texas trust and a beneficiary who resided overseas regarding the distribution of trust assets, which primarily consisted of real estate in Texas. No....more

International Lawyers Network

Buying and Selling Real Estate in England and Wales (Updated)

KEY FACTS OF REAL ESTATE ACQUISITIONS UNDER BRITISH LAW - 1. Introduction - Historically, there has been significant investment by overseas individuals and corporations in real estate in England and Wales and in...more

Bennett Jones LLP

When a Gift is not a Gift—Resulting Trusts in Real Estate

Bennett Jones LLP on

When it comes to estate planning, joint tenancy is often seen as a simple way to transfer property after death while bypassing probate fees. But as the case of Jackson v Rosenberg shows, what may seem like a straightforward...more

Saiber LLC

Planning for the Transfer of the Family Vacation Home

Saiber LLC on

Your family’s vacation home is more than just a property. It is where your family has created memories to cherish for generations. Deciding how to pass down such a meaningful asset can be an emotional decision, but it...more

Cozen O'Connor

FinCEN Issues Final Regulation Requiring the Reporting of Certain Non-Financed, Residential Real Estate Transfers

Cozen O'Connor on

On August 28, 2024, the Financial Crimes Enforcement Network (FinCEN) of the U.S. Department of Treasury (Treasury) issued a final rule requiring real estate professionals involved in real estate closings and settlements to...more

Tucker Arensberg, P.C.

A New Federal Reporting Requirement Has Been Established for Non-Financed Transfers of U.S. Residential Real Estate to a Trust or...

Tucker Arensberg, P.C. on

On August 28, 2024, the Financial Crimes Enforcement Network (“FinCEN”) issued its “Anti-Money Laundering Regulations for Residential Real Estate Transfers” (the “Final Rule”), to become effective December 1, 2025. This Final...more

Kohrman Jackson & Krantz LLP

The Future of Estate Planning: Preparing for Upcoming and Uncertain Legal Changes

The American housing market is grappling with escalating interest rates and limited inventory, pricing many Americans out of home ownership. Massachusetts’s senior Senator Elizabeth Warren seeks to address this issue in the...more

Winstead PC

Court Held That Deed For Common Area To Homeowners’ Association Did Not Create A Trust For The Members

Winstead PC on

In BLF LLC v. Landing at Blanco Prop. Owners Ass’n, member of a home owners association sued to prevent the association from selling certain common area property. No. 03-22-00423-CV, 2023 Tex. App. LEXIS 9300 (Tex....more

Holland & Knight LLP

FinCEN Proposal for Nonfinanced Purchases of Residential Real Estate and Gratuitous Transfers

Holland & Knight LLP on

The U.S. Department of the Treasury's Financial Crimes Enforcement Network (FinCEN) on Feb. 7, 2024, issued a Notice of Proposed Rulemaking (NPRM) proposing a new nationwide reporting obligation to be imposed on settlement...more

International Lawyers Network

Buying and Selling Real Estate in England and Wales (Update)

KEY FACTS OF REAL ESTATE ACQUISITIONS UNDER BRITISH LAW - 1. Introduction - Historically, there has been significant investment by overseas individuals and corporations in real estate in England and Wales and in...more

International Lawyers Network

Buying and Selling Real Estate in Cyprus (Updated)

KEY FACTS OF REAL ESTATE ACQUISITIONS UNDER CYPRIOT LAW - A. General - 1. Introduction - Cyprus is a common law jurisdiction, and its legal system is based on the UK one. It is a clear and robust system which leaves...more

International Lawyers Network

Buying and Selling Real Estate in England and Wales (Updated)

KEY FACTS OF REAL ESTATE ACQUISITIONS UNDER BRITISH LAW - 1. Introduction - Historically, there has been significant investment by overseas individuals and corporations in real estate in England and Wales and in...more

Winstead PC

Court Construes A Trust To Allow A Trustee To Sell Real Estate And To Consider The Proceeds As Principal Of The Trust

Winstead PC on

In In re John O. Yates Trust, a trustee of a trust filed suit to obtain declarations on whether it could sell certain real estate held in the trust, and if so, whether the proceeds should be designated as principal. No....more

International Lawyers Network

Buying and Selling Real Estate in Cyprus (Updated)

KEY FACTS OF REAL ESTATE ACQUISITIONS UNDER CYPRIOT LAW - A. General - 1. Introduction - Cyprus is a common law jurisdiction, and its legal system is based on the UK one. It is a clear and robust system which...more

International Lawyers Network

Buying and Selling Real Estate in England and Wales (Updated)

KEY FACTS OF REAL ESTATE ACQUISITIONS UNDER BRITISH LAW - 1. Introduction - Historically, there has been significant investment by overseas individuals and corporations in real estate in England and Wales and in...more

International Lawyers Network

Buying and Selling Real Estate in Cyprus

KEY FACTS OF REAL ESTATE ACQUISITIONS UNDER CYPRIOT LAW - A. GENERAL - 1. Introduction - Cyprus is a common law jurisdiction, and its legal system is based on the UK one. It is a clear and robust system which...more

International Lawyers Network

Buying and Selling Real Estate in England and Wales

KEY FACTS OF REAL ESTATE ACQUISITIONS UNDER BRITISH LAW - 1. Introduction - Historically, there has been significant investment by overseas individuals and corporations in real estate in England and Wales and in...more

Shumaker, Loop & Kendrick, LLP

The Estate Planner, March/April 2021

Below is a brief glance of what you'll find in the March/April 2021 issue of The Estate Planner. - Can beneficiaries borrow from a trust? - Taking steps to protect your will from being contested - Defined-value...more

Winstead PC

Court Holds That A Trustee Had The Power To Sell Trust Property To An Affiliate, Though Such An Act May Be In Breach Of A Duty

Winstead PC on

In Pense v. Bennett, the ward in a guardianship proceeding sued to invalidate the sale of real property from a trust created for his benefit to an affiliate of the trustee. No. 06-20-00030-CV, 2020 Tex. App. LEXIS 8002 (Tex....more

Sheppard Mullin Richter & Hampton LLP

California Property Tax Changes to Parent-Child Exclusion

Recently passed Proposition 19 will seriously limit the ability to transfer California real property to a child without causing a reassessment and higher property taxes. The new law takes effect February 16, 2021, so if you...more

BCLP

If I Could Turn Back Time: Rescinding trust instruments on the basis of mistake

BCLP on

Two recent High Court cases have considered the principles underpinning the Court’s power to set aside or rescind a voluntary disposition on the grounds of mistake. In the cases of Hartogs v Sequent (Schweiz) and Payne v...more

Barnea Jaffa Lande & Co.

Dramatic Decision on the Taxation of Trusts in Israel

The Tel Aviv District Court handed down a decision a few days ago rejecting the Israel Tax Authority’s (ITA) position on the conveyance of real estate properties to trusts. This decision dramatically changes the taxation of...more

International Lawyers Network

Buying and Selling Real Estate in England, Wales, and North Ireland

KEY FACTS OF REAL ESTATE ACQUISITIONS UNDER BRITISH LAW. Introduction - Historically, there has been significant investment by overseas individuals and corporations in real estate in England and Wales and in particular in...more

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