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|Understanding What Probate Is and Is Not|
J. Anthony Kington, Richard O. Kissel, David W. Nyberg, Mary L. Rust, Julia E. Tarvin; Taft Stettinius & Hollister LLP;
May 29, 2015, previously published on May 19, 2015Property that passes under your will is subject to probate. Probate is the process of obtaining probate court approval to pass property as your will dictates, or, if you don’t have a will, under your state’s law of descent and distribution. This includes filing the will, appointing an...
|CFPB's First ILSA Enforcement Action|
Peter L. Cockrell, Mark D. Hillier, Gil Rudolph; Greenberg Traurig, LLP;
May 29, 2015, previously published on May 20, 2015The Consumer Financial Protection Bureau (CFPB) recently announced an enforcement action against a property developer in Tennessee for violation of the Interstate Land Sales Full Disclosure Act, 15 U.S.C. §§1701 et seq. (ILSA). According to the administrative consent order, the developer...
|A Primer on Minor Subdivisions in Nassau County|
Andromachi (Andrea) Tsoukalas; Forchelli, Curto, Deegan, Schwartz, Mineo & Terrana LLP;
May 28, 2015, previously published by New York Real Estate Journal on April 8, 2014I am a land use and zoning attorney and my practice is focused on development on Long Island. I have obtained subdivision approvals for large-scale commercial projects as well as smaller residential developments where we carve up large estates or split-off a parcel into two lots. This article is...
|Buying a Distressed Residential Subdivision: Are You Getting In Over Your Head?|
Gary M. Kaleita, Adam R. Lewis; Lowndes, Drosdick, Doster, Kantor & Reed Professional Association;
May 25, 2015, previously published on May 18, 2015There are many ways to acquire a distressed residential subdivision for what may seem to be a bargain price. Whether an investor is buying the property at a foreclosure sale or purchasing a defaulted mortgage loan on the property, issues may exist that, if known at the time of purchase, would...
|No Escaping Estate Recovery Liens|
Kevin M. Huss; Smith Haughey Rice & Roegge, P.C.;
May 25, 2015, previously published on April 30, 2015The Court of Appeals recently published a key decision In re Estate of Keyes, which has a profound impact on individuals who currently receive Medicaid benefits. The Keyes case found that the Department of Community Health (DCH) can recover Medicaid benefits from the estate of a Medicaid recipient...
|Fourth Circuit Declines to Issue Injunction to Enforce a Reciprocal Easement Agreement at White Flint Mall|
Edward J. Levin; Gordon Feinblatt LLC;
May 25, 2015, previously published on May 2015The Fourth Circuit Court of Appeals affirmed an order of the United States District Court for the District of Maryland which denied the request of Lord & Taylor, LLC to stop the redevelopment of White Flint Shopping Center (the “Mall”) along Rockville Pike in Montgomery County. Lord...
|Ten Reasons To Review Your Estate Plan Today|
Morris W. Banks, Deborah S. Breck, Rebekah M. Burgio, Herbert H. Moorin, D. Robert Morris; Pullman & Comley, LLC;
May 25, 2015, previously published on May 13, 2015It is important to review your existing estate plan periodically to determine if it continues to meet the needs of your family and appropriately addresses tax considerations in light of ongoing changes in federal and state estate tax laws.
|New “Directional Sign” Policy for Baltimore County Homebuilders|
Dino C. La Fiandra; Pessin Katz Law, P.A.;
May 25, 2015, previously published on May 11, 2015The Baltimore County Department of Permits, Approvals, and Inspections has adopted a new administrative policy allowing homebuilders to place temporary “Directional Signs” on their new developments. Homebuilders often rely on these “Directional Signs” to direct potential...
|Requirements for Adverse Possession Were Met for Property on the Magothy River|
Edward J. Levin; Gordon Feinblatt LLC;
May 25, 2015, previously published on May 2015The Court of Special Appeals affirmed the decision of the Circuit Court for Anne Arundel County in a recent unreported opinion involving ownership of and easements relating to two strips of land in the Sillery Bay community on the Magothy River in Pasadena, Maryland. Sillery Bay Improvement...
|To Plan or Not to Plan|
Steven J. Rabinowitz; Phillips Nizer LLP;
May 25, 2015, previously published on May 19, 2015In most cases, a new store tenant will require work to be done to make the premises suitable for its purposes. As a rule, a landlord will insist that no work can be done without prior approval. That puts the prospective tenant on the horns of a dilemma while negotiating a lease: if an architect is...