#realestate, #cre, #commercialappraiser FW: Trusts & Estates Summaries Distributed January 31, 2014

#realestate, #cre, #commercialappraiser Thanks!
Curtis D. Harris, BS, CGREA, REB
Bachelor of Science in Real Estate, CSULA
State Certified General Appraiser
Real Estate Broker
ASTM E-2018 Commercial Real Estate Inspector
HUD 203k Consultant
HUD/FHA Real Estate Appraiser/Reviewer
FannieMae REO ConsultantCTAC LEED CertificationThe Harris Company, Forensic Appraisers and Real Estate Consultants
*PIRS/Harris Company and the Science of Real Estate-Partners*630 North Sepulveda Boulevard, Suite 9A, Number 702
El Segundo, CA. 90245
310-337-1973 Office
310-251-3959 Cell424-218-9580 Skype WebSite: http://www.harriscompanyrec.com ;Resume: http://www.harriscompanyrec.com/commercialappraiserresume2013locked.pdf ;Commercial Appraiser Blog: http://commercialappraiser.typepad.com/blog/ ; http://harriscompanyrec.com/blog/ ;The LOoP! a Google CSE: http://www.google.com/cse/home?cx=000747579154309164948%3Annakvu69iqy ; We Make a Simple Pledge to

Communicate, in a timely fashion, each appraisal, analysis, and opinion without bias or partiality

Abstain from behavior that is deleterious to our clients, the appraisal profession, and the public

Hold paramount the confidential nature of the appraiser/consultant - client relationship

and

Comply with the requirements of the Uniform Standards of Professional Appraisal Practice and the
Code of Professional Ethics of the National Society of Real Estate Appraisers
IT'S THE LAW- Statement 7: Prohibition Against Discrimination
State agencies should be aware that Title XI and the Agencies' regulations prohibit federally regulated financial institutions from excluding appraisers from consideration for an assignment by virtue of their membership, or lack of membership, in any appraisal organization. Federally regulated financial institutions should review the qualifications of appraisers to ensure that they are qualified for the assignment for which they are being considered. It is unacceptable to assume that an appraiser is qualified solely due to membership in, or designation from, an appraisal organization, or the lack thereof. The Agencies have determined that financial institutions' appraisal policies should not favor appraisers from one or more organizations or exclude individuals based on their lack of such membership. If a State agency learns that a certified or licensed appraiser allegedly has been a victim of such discrimination, the State agency should inform the Agency which has regulatory authority over the involved financial institution. INCLUDING THE APPRAISAL INSTITUTE-MAICONFIDENTIALITY/PRIVILEGE NOTICE: This transmission and any attachments are intended solely for the addressee. The information contained in this transmission is confidential in nature and protected from further use or disclosure under U.S. Pub. L. 106-102, 113 U.S. Stat. 1338 (1999), and may be subject to consultant/appraiser-client or other legal privilege. Your use or disclosure of this information for any purpose other than that intended by its transmittal is strictly prohibited and may subject you to fines and/or penalties under federal and state law. If you are not the intended recipient of this transmission, please destroy all copies received and confirm destruction to the sender via return transmittal From: Justia Practice Area Opinion Summaries [mailto:[email protected]] On Behalf Of Justia Practice Area Opinion Summaries
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Weekly Opinion SummariesTrusts & Estates
Weekly Summaries Distributed January 31, 2014 · THI of New Mexico at Hobbs v. Patton
Arbitration & Mediation, Contracts, Injury Law, Trusts & Estates
U.S. 10th Circuit Court of Appeals· Succession of James Jason Holbrook, Sr.
Trusts & Estates
Louisiana Supreme Court· Estate of Hall
Trusts & Estates
Maine Supreme Court· Beim v. Hulfish
Injury Law, Trusts & Estates
New Jersey Supreme Court

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THI of New Mexico at Hobbs v. PattonCourt: U.S. 10th Circuit Court of Appeals Docket: 13-2012Opinion Date: January 28, 2014Judge: Hartz Areas of Law: Arbitration & Mediation, Contracts, Injury Law, Trusts & Estates THI of New Mexico at Hobbs Center, LLC and THI of New Mexico, LLC (collectively THI) operate a nursing home in Hobbs, New Mexico. When Lillie Mae Patton's husband was admitted into the home, he entered into an arbitration agreement that required the parties to arbitrate any dispute arising out of his care at the home except claims relating to guardianship proceedings, collection or eviction actions by THI, or disputes of less than $2,500. After Mr. Patton died, Mrs. Patton sued THI for negligence and misrepresentation. THI then filed a complaint to compel arbitration of the claims. The district court initially ruled that the arbitration agreement was not unconscionable and ordered arbitration. Under New Mexico law a compulsory-arbitration provision in a contract may be unconscionable, and therefore unenforceable, if it applies only, or primarily, to claims that just one party to the contract is likely to bring. The question before the Tenth Circuit was whether the Federal Arbitration Act (FAA) preempted the state law for contracts governed by the FAA. The Court held that New Mexico law was preempted in this case and the arbitration clause should have been enforced. http://j.st/vme View Case on: Justia Google Scholar
Succession of James Jason Holbrook, Sr.Court: Louisiana Supreme Court Docket: 2013-C-1181Opinion Date: January 28, 2014Judge: Guidry Areas of Law: Trusts & Estates The issue before the Supreme Court in this case was whether an incomplete date in an attestation clause invalidated a last will and testament when the full date appeared in the first paragraph of the testament and on every page of the testament, including the page of the attestation clause. The district court granted the testator’s daughter’s motion for summary judgment seeking to set aside the will as invalid because the attestation clause was not fully dated and, thus, failed to meet the requirements of La. Civ. Code art. 1577. The court of appeal affirmed. Because the Supreme Court concluded the attestation clause in the notarial testament substantially complied with the requirements of Art. 1577, the Court reversed the district court’s judgment and remanded the case for further proceedings. http://j.st/vmg View Case on: Justia Google Scholar
Estate of HallCourt: Maine Supreme Court Opinion Date: January 28, 2014Judge: Saufley Areas of Law: Trusts & Estates In 1993, Gloria Hall executed a will that devised all personal and real property to her husband. In 2002, Gloria’s husband filed for divorce. In 2004, Gloria devised a new will which revoked all earlier wills and which devised nothing to her husband. The probate and family court later appointed a temporary guardian for Gloria due to her dementia. In 2007, the temporary guardian signed a separation agreement with Gloria’s husband that stated that neither Gloria nor her husband would modify the wills each had executed in 1993. After Gloria died, the county probate court concluded that the 2004 will could not have been revoked by the agreement entered into by the temporary guardian and admitted the 2004 will to probate. The Supreme Court affirmed, holding that the probate court did not err in admitting Gloria’s 2004 will to probate because (1) the parties stipulated that the 2004 was validly executed by a person with testamentary capacity, and the will was not shown to be the subject of undue influence; and (2) the will could not be revoked by the separation agreement because the agreement itself failed to comply with the plain terms of the statute governing will revocation. http://j.st/veJ View Case on: Justia Google Scholar
Beim v. HulfishCourt: New Jersey Supreme Court Docket: a-33-12Opinion Date: January 28, 2014Judge: Patterson Areas of Law: Injury Law, Trusts & Estates In this appeal, the issue before the Supreme Court centered on whether a change in the federal estate tax law after an alleged wrongful death could give rise to a viable claim under the Wrongful Death Act. The Appellate Division concluded that the estate tax losses alleged by plaintiffs would not compel the factfinder to engage in speculation. It held that by the time the trial court ruled on the motion for reconsideration, the estate tax laws for 2011 and 2012 had been established, and a jury guided by expert testimony would have been in a position to calculate damages. The panel accordingly reinstated plaintiffs’ claims for estate tax losses as the measure of damages asserted as an element of their wrongful death claim. Upon review, the Supreme Court concluded the Wrongful Death Act did not authorize claims for damages based on estate taxes paid by a decedent’s estate because such claims do not fit within the statutory cause of action defined by N.J.S.A. 2A:31-1 and the alleged damages do not constitute "pecuniary" losses as required by N.J.S.A. 2A:31-5. http://j.st/v8B View Case on: Justia Google Scholar


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