estate

CoStar’s People of Note (Jan. 23-29)

January 29, 2011

This week’s People of Note includes the following markets: Atlanta, Los Angeles, Minneapolis, New York City, Portland, Sacramento and Washington, DC. ATLANTA High-Profile Real Estate Team Joins DLA Piper M. Maxine Hicks, a managing partner and board member at Epstein Becker & Green, and a group of high-profile lawyers moved to the Atlanta office of DLA Piper. Hicks will oversee DLA Piper’s Real Estate practice locally and help the firm expand…

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Big News Overseas as CBRE, JLL Vie for Control of $87 Bil. in Global Assets

January 20, 2011

The news flooding Europe’s financial newspapers this past week is that Los Angeles-based CB Richard Ellis Group Inc. (CBRE) has been in exclusive talks for two weeks negotiating a deal to acquire all or a portion of ING Groep NV’s ING Real Estate Investment Management, whose property portfolio is valued at more than $87 billion. As of Sept. 30, CBRE already had $35.7 billion of commercial real estate under management. Fully combining the two entities…

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Big News Overseas as CBRE, JLL Vie for Control of $87 Bil. in Global Assets

January 20, 2011

The news flooding Europe’s financial newspapers this past week is that Los Angeles-based CB Richard Ellis Group Inc. (CBRE) has been in exclusive talks for two weeks negotiating a deal to acquire all or a portion of ING Groep NV’s ING Real Estate Investment Management, whose property portfolio is valued at more than $87 billion. As of Sept. 30, CBRE already had $35.7 billion of commercial real estate under management. Fully combining the two entities…

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India- M3M targets NRIs for Golf Estate project

January 15, 2011

India- M3M targets NRIs for Golf Estate project

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LA Private Equity Firm and Australian REIT Acquire 21 Property U.S. Portfolio

December 30, 2010

Sydney, Australia-based investors and Los Angeles-based private equity firm Saban Capital Group have acquired 21 office properties that comprised the U.S. office portfolio of the former Australian REIT Record Realty. The group purchased the portfolio at a 29% discount to net asset value. Real Estate Capital Partners Managed Investments Ltd. as responsible entity for Real Estate Capital Partners USA Property Trust (RCU), together with Saban Capital…

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Robert Lenzner: Obama’s Surprise Year End Gift to Wealthy Americans and Their Heirs

December 23, 2010

No one expected the Obama administration to give wealthy Americans the ability to give away, tax free, up to $5 million in 2011 or 2012 to anyone including children, grandchildren or friends. Couples will be able to give away $5 million each or $10 million among as many members of their family as they like. If this extraordinary measure did not exist, wealthy donors would have to pay a gift tax to the federal government and their state of residence for making any cash payment over $1 million, to their heirs. If they take advantage of this opportunity, it means they avoid waiting to see if the $5 million exemption on estate taxes, just passed by Congress, remains in effect — a quite serious risk, when you might have to pay a large percentage of 35-50% to Uncle Sam in the event the $5 million gift tax exemption is ever rolled back. Gifting grandchildren $5 million in early 2011 removes $5 million from your estate and avoids the New York State estate tax of 12-13% after the first $1 million if you leave the $5 million in your estate. By doing so, wealthy Americans avoid taking the risk that some time in the future this tax bill will be revoked and a more stringent limit of the amount subject to exemption from taxes along with a much more punitive levy on inherited wealth be passed. As Schulte Roth & Zabel, a law firm that represents many wealthy individuals and families (including me) trumpets in their “Alert ” of December 21, the new tax legislation significantly changes the federal estate, gift and generation-skipping transfer tax laws for 2010 through 2012 and provides taxpayers with valuable wealth transfer opportunities. Skipping a generation means that assets will be protected for your grandchildren and won’t be taxed in the estate of your children when they die. This ability to protect distant heirs has been a great advantage for wealthy families wishing to protect their capital and see it grow over several generations. Indeed, trust and estate lawyers were not sure until the bill was passed that even the $5 million exemption for estates would remain, as many Democratic legislators were vehemently against raising the exemption from taxes to the $5 million level. The exemption for the remainder of 2010 is only $1 million. Their surprise about the bill’s success was underscored by the unexpected added ability for individuals with assets that have gained in value over the years, to gift them in 10 days to their heirs and grandchildren without paying a cent of taxes. Says Judith E. Siegel-Baum, a partner of Cozen & O’Connor’s Private Client Services Group in New York: “This surprise part of the bill gives individuals with accumulated wealth the ability to pass on assets l that have risen in value to anyone — but especially their children and grandchildren without incurring any gift tax that would reduce the value of he assets.” Schulte Roth & Zabel also underscore that wealthy Americans who wish to create generation-skipping trusts for grandchildren or more distant heirs, have a unique opportunity which may never be available again, to make gifts… in 2010 without incurring any GST tax.” SRZ’s memo urges wealthy individuals to hurry to establish these GST trusts before the close of 2010. A similar ALERT from law firm Cozen O”Connor, also emphasizes that “Gifts made directly to grandchildren (either outright or in trust) in 2010 will not be taxed for GST tax purposes and will not require any use of GST exemption. Therefore, clients who have not used all of their existing gift exemption (still capped at $1,000,000 per donor for 2010) should consider making such gifts.”

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Video: Lenz Says NYC Luxury Realty Market Looks `Very Good’

December 21, 2010

Dec. 21 (Bloomberg) — Dolly Lenz, a broker at Prudential Douglas Elliman Real Estate, discusses the outlook for the New York City luxury real estate market in 2011. Lenz talks with Mark Crumpton on Bloomberg Television’s “Bottom Line.” (Source: Bloomberg)

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Teddy Roosevelt: Estate Tax Champion, Republican Icon

December 18, 2010

Abolishing the estate tax has been a goal of some conservative Republicans since the 1940s, so it’s easy to forget that its modern champion was a president the GOP used to regard as among the greatest the party has produced — Theodore Roosevelt.

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Fallon/Cornerstone JV Sells Boston Multifamily for $194M

December 14, 2010

A joint venture between The Fallon Co. and Cornerstone Real Estate Advisers LLC sold a 465-unit apartment complex in Boston, MA, to institutional investors advised by JP Morgan Asset Management for $193.8 million, or nearly $416,800 per unit. In…

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Fallon/Cornerstone JV Sells Boston Multifamily for $194M

December 14, 2010

A joint venture between The Fallon Co. and Cornerstone Real Estate Advisers LLC sold a 465-unit apartment complex in Boston, MA, to institutional investors advised by JP Morgan Asset Management for $193.8 million, or nearly $416,800 per unit. In…

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Lawrence N. Field

December 8, 2010

David Rifkind, Bio Principal Managing Director, George Smith Partners , Inc. Mr. Rifkind is responsible for leading the operations and strategic platform at George Smith Partners , Inc. A long-time Real Estate Finance …

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GGP Sells Portion of MD Retail Complex for $88.4M

December 3, 2010

General Growth Properties Inc. (NYSE: GGP) sold 214,281 square feet at Gateway Overlook shopping center in suburban Maryland to Washington Real Estate Investment (NYSE: WRE) for $88.35 million, or about $412.50 per square foot. Gateway Overlook is…

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ProLogis Closes Sale of $1 Bil. Portfolio to Blackstone

November 22, 2010

ProLogis (NYSE: PLD), the world’s largest warehouse and distribution center owner, has closed the sale of a portfolio of North American industrial properties to Blackstone Real Estate Advisors and a minority interest in a hotel to Hilton Worldwide for…

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Hines, Antarctica Capital Win Bidding on 7.3 Mil-SF Calif. Office Portfolio

October 14, 2010

California First LLC, a consortium led by Hines and international private equity firm Antarctica Capital Real Estate (ACRE), were selected as the winning bidder by the State of California to purchase and leaseback 11 of the state’s office buildings following…

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Adrienne Albert, CEO of The Marketing Directors, Inc., Elected to the Institute of Residential Marketing (IRM) Board of Trustees

October 7, 2010

Residential Real Estate Veteran Lends Expertise to Prominent Industry Institution

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Stoltz Real Estate Partners To Revise Plans for Barley Mill Plaza and Greenville Center

October 6, 2010

Pennsylvania-based Stoltz Real Estate Partners said it will submit revised plans for its Barley Mill Plaza and Greenville Center projects, along with a new plan for the Montchanin Corporate Center, following input from discussions with New Castle County…

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Hancock Tower Sale Reflects Growing Investor Demand for Office Trophies

October 6, 2010

Boston Properties Inc. (NYSE: BXP) agreed to buy Boston’s 62-story John Hancock Tower, New England’s tallest building, from a joint venture between affiliates of Normandy Real Estate Partners and Five Mile Capital Partners for $930 million, or about…

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Market Leader Names Alex Lange Chief Technology Officer

September 28, 2010

Proven Business Leader Brings More Than 25 Years of Technology Experience to Real Estate Marketing Leader

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USAA Real Estate Ramps Up Industrial Investment in Memphis

September 22, 2010

USAA Real Estate affiliate US Industrial REIT III acquired the Chickasaw Distribution Center in Memphis, TN, from J.P. Morgan for an undisclosed amount. The 1.37 million-square-foot faciility consists of two bulk distribution buildings. One building…

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USAA Real Estate Ramps Up Industrial Investment in Memphis

September 22, 2010

USAA Real Estate affiliate US Industrial REIT III acquired the Chickasaw Distribution Center in Memphis, TN, from J.P. Morgan for an undisclosed amount. The 1.37 million-square-foot faciility consists of two bulk distribution buildings. One building…

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Bush Tax Cuts Would Be Made Permanent In Plan To Be Introduced By Senate Republicans

September 15, 2010

The measure, introduced by Senate Minority Leader Mitch McConnell (R-Ky.) this week, would permanently extend the George W. Bush-era income tax cuts that benefit virtually every U.S. taxpayer, rein in the alternative minimum tax and limit the estate tax to estates worth more than $5 million for individuals or $10 million for couples.

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Bush Tax Cuts Would Be Made Permanent In Plan To Be Introduced By Senate Republicans

September 15, 2010

The measure, introduced by Senate Minority Leader Mitch McConnell (R-Ky.) this week, would permanently extend the George W. Bush-era income tax cuts that benefit virtually every U.S. taxpayer, rein in the alternative minimum tax and limit the estate tax to estates worth more than $5 million for individuals or $10 million for couples.

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Jim Worth: The Taxing Debate Over Taxes

August 31, 2010

American’s perception of taxes is both perplexing and disturbing . Americans have difficulty grasping the effect taxes have on their lives. There are many reasons for their confusion. Taxes have become a political football with each side vehemently arguing their position in hopes of being reelected. The Bush Tax Cuts are set to expire at the end of this year and a decision must be made by Congress whether to extend them or let them sunset. If Congress does nothing taxes will return to the levels of 2002; the lowest being 15% and the highest moving back to 38.6, a 3.6% increase. It’s understandable, given the complexity of the current tax code and the political posturing that clouds the discourse of such a sensitive personal subject, that the average person doesn’t quite know which is best for them and the economy. What is the truth about taxes? Which are good and which are bad? This is the question we should be asking. Taxes are a very personal thing and, to put it quite frankly, everyone hates them; especially those taxes that touch them personally. There’s a widespread misconception about taxes — who they effect, their purpose, which ones will help and which will hurt the country, and their relationship to the economy. Mark Zandi, Chief Economist at Moody’s Economy.com addressed the issue in his New York Times Op-Ed, ” The Tax Cut We Can Afford ,” and presented a reasoned approach to the current tax dilemma. There is a fear by some, including Mr. Zandi, that increasing the marginal tax rate on the top two income brackets will dramatically slow the economy and possibly send us into the dreaded douple dip. But that fear may be unjustified if a double dip is imminent. Despite the possibility of a double dip, allowing those that caused this recession to slide another year is unacceptable. Phasing, as suggested by Mr. Zandi, is a great concept, one I’ve advocated for nearly 40 years. Phasing in taxes is a good idea, but it must begin immediately. Mr. Zandi would prefer to wait until 2012, but delaying the increase may also be destructive to an already sputtering economy and escalating deficit. The marginal tax rate on upper-income Americans is too low and has been for far too long. We have been at some of the lowest rates in our lifetime, and the Bush tax cuts have done little to stimulate the economy. They have only served to redistribute the wealth upward. Warren Buffet acknowledged the insanity of low upper tax rates on the wealthy when he declared something to the affect: “My chauffeur pays a higher tax rate than I do!” His reference to the ‘ effective tax rate ,’ the actual amount of tax that is paid after deductions, is much lower than the ‘ marginal tax rate .’ The average upper income family pays an ‘average rate’ of 18 to 20% after figuring their adjusted gross income. Raising the tax rate by 2% in 2011 would increase the actual taxes these individuals pay by about half a percent. Some feel raising the top two rates would slow consumer spending. Moody’s Chief Economist estimates that the group accounts for nearly a fourth of consumer spending. The question he, and other tax-extension advocates should be asking is — why? The answer should be obvious. Thirty years of redistribution of wealth has killed the middle-class — usurped their buying power — while elevating the elite to 1920′s excesses. Though they represent one quarter of consumer spending much of what the elite buy does little to help the economy of the other 98%; the ‘ real ‘ economy. The arguments on taxes are fraught with myths and lies. They distort the real issue confronting us: declining tax receipts and a rapidly rising deficit. Even the Tea Party, through their naivete, have muddied the ‘ real ‘ discussion we should be having over taxes. Republicans, still enamored by Ronald Reagan, conjure up the myth that his tax cuts created a thriving, robust economy. That’s a lie! And it’s repeated by all Republicans. Top Marginal Tax Rates during Reagan’s two terms were higher than the current rate for seven of his eight years in office. Even more devastating was his tripling of the national debt from $900 billion to nearly $2.67 trillion; an increase of 189%. His two band-aid terms forced George H.W. Bush to raise taxes during his administration to make up for Reagan’s economic insufficiencies. Bush raised the TMR to 31% from 28% and was vilified, losing reelection to Bill Clinton as a result. Clinton immediately raised it to 39.6% where it remained for 8 years and allowed President Clinton to leave George W. Bush a surplus which he promptly spent, then pushed the economy into untenable deficits. His tax cuts dramatically reduced the tax receipts collected each year which drove the national debt to $10.7 trillion; nearly doubling the $5.6 trillion when he came into office. It is easy to understand the confusion if talking points are all most voters get. This is evidenced by the deception of the estate tax. Frank Luntz’s suggestion to the Republicans to call it a ‘ death tax ‘ is unAmerican and should be an indictable offense. The Estate Tax has absolutely no affect on 97.5% of the people in this country, yet individuals making $100,000 a year are screaming about getting rid of the death tax. Sheep following a stupid idea. The confusion over the Capital Gains Tax and how it will hurt small business, delay someone from starting a business, or from hiring a needed employee is a diversion. So what is the right thing to do about taxes? As Mr. Zandi says, phase in the increases on the top two tax brackets. Start immediately: 35% Bracket — 2% in 2011, 1.5% in 2012, and 1% in 2013; 33% Bracket — 1.5% in 2011, 1% in 2012, and .5% in 2013. That would bring the rates to 2000 levels by 2013 and cause less pain. But we should consider something unique, something bold ! Let’s also lower the lowest three tax rates over the next three years. Current Tax Rate should be reduced to new lower levels by 2013: 10% Bracket : 9% in 2011, 8.5% in 2012, and 8.5% in 2013 15% Bracket : 14% in 2011, 13% in 2012, and 12.5% in 2013 25% Bracket : 23.5% in 2011, 22% in 2012, and 21% in 2013 This would put money in the hands of people that will spend all of it on necessities and other products that will stimulate the economy from the bottom up. Eight years of tax cuts have done nothing to help this dying economy. We’ve tried it at the top and it doesn’t work. It’s time to try it at the bottom and see if it works better. This has been a horrific recession and it is not yet over. We may have to feel more pain and level the playing field if we have any hope of recovering from this morass. Not only do people need to research taxes, but they must insist that their Congressional representatives fully explain their position rather than merely repeat talking points. The Internet has all the necessary tools to research taxes. If you want to be an American, get off your lazy asses and do some. With even a little research, the vote regarding the Estate Tax should be 95% to keep and raise it, and 5% to eliminate it. We need more than talking points to understand taxes. We need honest discussion. Our survival and the survival of this country depends on it!

Read the full article →

Jim Worth: The Taxing Debate Over Taxes

August 31, 2010

American’s perception of taxes is both perplexing and disturbing . Americans have difficulty grasping the effect taxes have on their lives. There are many reasons for their confusion. Taxes have become a political football with each side vehemently arguing their position in hopes of being reelected. The Bush Tax Cuts are set to expire at the end of this year and a decision must be made by Congress whether to extend them or let them sunset. If Congress does nothing taxes will return to the levels of 2002; the lowest being 15% and the highest moving back to 38.6, a 3.6% increase. It’s understandable, given the complexity of the current tax code and the political posturing that clouds the discourse of such a sensitive personal subject, that the average person doesn’t quite know which is best for them and the economy. What is the truth about taxes? Which are good and which are bad? This is the question we should be asking. Taxes are a very personal thing and, to put it quite frankly, everyone hates them; especially those taxes that touch them personally. There’s a widespread misconception about taxes — who they effect, their purpose, which ones will help and which will hurt the country, and their relationship to the economy. Mark Zandi, Chief Economist at Moody’s Economy.com addressed the issue in his New York Times Op-Ed, ” The Tax Cut We Can Afford ,” and presented a reasoned approach to the current tax dilemma. There is a fear by some, including Mr. Zandi, that increasing the marginal tax rate on the top two income brackets will dramatically slow the economy and possibly send us into the dreaded douple dip. But that fear may be unjustified if a double dip is imminent. Despite the possibility of a double dip, allowing those that caused this recession to slide another year is unacceptable. Phasing, as suggested by Mr. Zandi, is a great concept, one I’ve advocated for nearly 40 years. Phasing in taxes is a good idea, but it must begin immediately. Mr. Zandi would prefer to wait until 2012, but delaying the increase may also be destructive to an already sputtering economy and escalating deficit. The marginal tax rate on upper-income Americans is too low and has been for far too long. We have been at some of the lowest rates in our lifetime, and the Bush tax cuts have done little to stimulate the economy. They have only served to redistribute the wealth upward. Warren Buffet acknowledged the insanity of low upper tax rates on the wealthy when he declared something to the affect: “My chauffeur pays a higher tax rate than I do!” His reference to the ‘ effective tax rate ,’ the actual amount of tax that is paid after deductions, is much lower than the ‘ marginal tax rate .’ The average upper income family pays an ‘average rate’ of 18 to 20% after figuring their adjusted gross income. Raising the tax rate by 2% in 2011 would increase the actual taxes these individuals pay by about half a percent. Some feel raising the top two rates would slow consumer spending. Moody’s Chief Economist estimates that the group accounts for nearly a fourth of consumer spending. The question he, and other tax-extension advocates should be asking is — why? The answer should be obvious. Thirty years of redistribution of wealth has killed the middle-class — usurped their buying power — while elevating the elite to 1920′s excesses. Though they represent one quarter of consumer spending much of what the elite buy does little to help the economy of the other 98%; the ‘ real ‘ economy. The arguments on taxes are fraught with myths and lies. They distort the real issue confronting us: declining tax receipts and a rapidly rising deficit. Even the Tea Party, through their naivete, have muddied the ‘ real ‘ discussion we should be having over taxes. Republicans, still enamored by Ronald Reagan, conjure up the myth that his tax cuts created a thriving, robust economy. That’s a lie! And it’s repeated by all Republicans. Top Marginal Tax Rates during Reagan’s two terms were higher than the current rate for seven of his eight years in office. Even more devastating was his tripling of the national debt from $900 billion to nearly $2.67 trillion; an increase of 189%. His two band-aid terms forced George H.W. Bush to raise taxes during his administration to make up for Reagan’s economic insufficiencies. Bush raised the TMR to 31% from 28% and was vilified, losing reelection to Bill Clinton as a result. Clinton immediately raised it to 39.6% where it remained for 8 years and allowed President Clinton to leave George W. Bush a surplus which he promptly spent, then pushed the economy into untenable deficits. His tax cuts dramatically reduced the tax receipts collected each year which drove the national debt to $10.7 trillion; nearly doubling the $5.6 trillion when he came into office. It is easy to understand the confusion if talking points are all most voters get. This is evidenced by the deception of the estate tax. Frank Luntz’s suggestion to the Republicans to call it a ‘ death tax ‘ is unAmerican and should be an indictable offense. The Estate Tax has absolutely no affect on 97.5% of the people in this country, yet individuals making $100,000 a year are screaming about getting rid of the death tax. Sheep following a stupid idea. The confusion over the Capital Gains Tax and how it will hurt small business, delay someone from starting a business, or from hiring a needed employee is a diversion. So what is the right thing to do about taxes? As Mr. Zandi says, phase in the increases on the top two tax brackets. Start immediately: 35% Bracket — 2% in 2011, 1.5% in 2012, and 1% in 2013; 33% Bracket — 1.5% in 2011, 1% in 2012, and .5% in 2013. That would bring the rates to 2000 levels by 2013 and cause less pain. But we should consider something unique, something bold ! Let’s also lower the lowest three tax rates over the next three years. Current Tax Rate should be reduced to new lower levels by 2013: 10% Bracket : 9% in 2011, 8.5% in 2012, and 8.5% in 2013 15% Bracket : 14% in 2011, 13% in 2012, and 12.5% in 2013 25% Bracket : 23.5% in 2011, 22% in 2012, and 21% in 2013 This would put money in the hands of people that will spend all of it on necessities and other products that will stimulate the economy from the bottom up. Eight years of tax cuts have done nothing to help this dying economy. We’ve tried it at the top and it doesn’t work. It’s time to try it at the bottom and see if it works better. This has been a horrific recession and it is not yet over. We may have to feel more pain and level the playing field if we have any hope of recovering from this morass. Not only do people need to research taxes, but they must insist that their Congressional representatives fully explain their position rather than merely repeat talking points. The Internet has all the necessary tools to research taxes. If you want to be an American, get off your lazy asses and do some. With even a little research, the vote regarding the Estate Tax should be 95% to keep and raise it, and 5% to eliminate it. We need more than talking points to understand taxes. We need honest discussion. Our survival and the survival of this country depends on it!

Read the full article →

Cornerstone, Kettler Sell Pentagon City Multifamily for $125M

August 25, 2010

Cornerstone Real Estate Advisers LLC and Kettler sold the Metropolitan at Pentagon City, a 325-unit multifamily complex at 901 S. 15th St. in Arlington, VA, to Invesco for $125 million. Invesco paid $111.7 million, or about $343,700 per unit, for the…

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Banks Cut Prices to Dump Troubled Commercial Real Estate Assets …

August 9, 2010

… banks are “slashing prices” to exit distressed assets in the beleaguered central Florida market from their balance sheets. This is in contrast to the … The rest is here: Banks Cut Prices to Dump Troubled Commercial Real Estate Assets …

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Banks Cut Prices to Dump Troubled Commercial Real Estate Assets …

August 9, 2010

Banks Cut Prices to Dump Troubled Commercial Real Estate Assets. Friday, August 06, 2010. Source: Orlando Business Journal · Orlando Business Journal reports: According to the Orlando Business Journal, banks are “slashing prices” to …

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Re-Priced Assets Key to Commercial Real Estate Rebound

August 4, 2010

The commercial real estate recovery has become dependent on, and stands precariously linked to, the re-pricing and deleveraging of property positions, according to the CCIM Institute and the Real Estate Research Corp. (RERC). That is a change from being…

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Video: Dolly Lenz Sees `No Depth’ in NYC Luxury Home Market: Video

August 2, 2010

Aug. 2 (Bloomberg) — Dolly Lenz, a luxury-property broker at Manhattan-based Prudential Douglas Elliman Real Estate, talks about the state of the New York City luxury home market. Lenz speaks with Deirdre Bolton on Bloomberg Television’s “InsideTrack.” (Source: Bloomberg)

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Sen. Bernie Sanders: No to Oligarchy

July 23, 2010

The American people are hurting. As a result of the greed, recklessness and illegal behavior on Wall Street, millions of Americans have lost their jobs, homes, life savings and their ability to get a higher education. Today, some 22 percent of our children live in poverty, and millions more have become dependent on food stamps for their food. And while the Great Wall Street Recession has devastated the middle class, the truth is that working families have been experiencing a decline for decades. During the Bush years alone, from 2000-2008, median family income dropped by nearly $2,200 and millions lost their health insurance. Today, because of stagnating wages and higher costs for basic necessities, the average two-wage-earner family has less disposable income than a one-wage-earner family did a generation ago. The average American today is underpaid, overworked and stressed out as to what the future will bring for his or her children. For many, the American dream has become a nightmare. But, not everybody is hurting. While the middle class disappears and poverty increases the wealthiest people in our country are not only doing extremely well, they are using their wealth and political power to protect and expand their very privileged status at the expense of everyone else. This upper-crust of extremely wealthy families are hell-bent on destroying the democratic vision of a strong middle-class which has made the United States the envy of the world. In its place they are determined to create an oligarchy in which a small number of families control the economic and political life of our country. The 400 richest families in America, who saw their wealth increase by some $400 billion during the Bush years, have now accumulated $1.27 trillion in wealth. Four hundred families! During the last 15 years, while these enormously rich people became much richer their effective tax rates were slashed almost in half. While the highest paid 400 Americans had an average income of $345 million in 2007, as a result of Bush tax policy they now pay an effective tax rate of 16.6 percent, the lowest on record. Last year, the top 25 hedge fund managers made a combined $25 billion but because of tax policy their lobbyists helped write, they pay a lower effective tax rate than many teachers, nurses, and police officers. As a result of tax havens in the Cayman Islands, Bermuda and elsewhere, the wealthy and large corporations are evading some $100 billion a year in U.S. taxes. Warren Buffett, one of the richest people on earth, has often commented that he pays a lower effective tax rate than his secretary. But it’s not just wealthy individuals who grotesquely manipulate the system for their benefit. It’s the multi-national corporations they own and control. In 2009, Exxon Mobil, the most profitable corporation in history made $19 billion in profits and not only paid no federal income tax — they actually received a $156 million refund from the government. In 2005, one out of every four large corporations in the United States paid no federal income taxes while earning $1.1 trillion in revenue. But, perhaps the most outrageous tax break given to multi-millionaires and billionaires happened this January when the estate tax, established in 1916, was repealed for one year as a result of President Bush’s 2001 tax legislation. This tax applies only to the wealthiest three-tenths of 1 percent of our population. This is what Teddy Roosevelt, a leading proponent of the estate tax, said in 1910. “The absence of effective state, and, especially, national restraint upon unfair money-getting has tended to create a small class of enormously wealthy and economically powerful men, whose chief object is to hold and increase their power. The prime need is to change the conditions which enable these men to accumulate power which is not for the general welfare that they should hold or exercise…. Therefore, I believe in a … graduated inheritance tax on big fortunes, properly safeguarded against evasion and increasing rapidly in amount with the size of the estate.” And that’s what we’ve had for the last 95 years — until 2010. Today, not content with huge tax breaks on their income; not content with massive corporate tax loopholes; not content with trade laws enabling them to outsource the jobs of millions of American workers to low-wage countries and not content with tax havens around the world, the ruling elite and their lobbyists are working feverishly to either eliminate the estate tax or substantially lower it. If they are successful at wiping out the estate tax, as they came close to doing in 2006 with every Republican but two voting to do, it would increase the national debt by over $1 trillion during a 10-year period. At a time when we already have a $13 trillion debt, enormous unmet needs and the highest level of wealth inequality in the industrialized world, it is simply obscene to provide more tax breaks to multi-millionaires and billionaires. That is why I have introduced the Responsible Estate Tax Act (S.3533). This legislation would raise $318 billion over the next decade by establishing a graduated inheritance tax on estates over $3.5 million retroactive to this year. This bill ensures that the wealthiest 0.3 percent of Americans pays their fair share of estate taxes, while making sure that 99.7 percent of Americans never have to pay a dime when they lose a loved one. It also makes certain that the overwhelming majority of family farmers and small businesses never have to pay an estate tax. This legislation must be passed because, with a $13 trillion national debt and huge unmet needs, we cannot afford more tax breaks for millionaire and billionaire families. But even more importantly, it must be passed because the United States must not become an oligarchy in which a handful of wealthy and powerful families control the destiny of our nation. Too many people, from the inception of this country, have struggled and died to maintain our democratic vision. We owe it to them and to our children to maintain it. This piece was first published in The Nation .

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Inland Announces $209M in Retail Acquisitions

July 21, 2010

Inland Real Estate Acquisitions (IREA), announced Wednesday that it has recently purchased five shopping centers totaling 1.3 million square feet, for a combined total of $209 million. IREA acquired the properties on behalf of Inland American Real Estate…

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Video: Portes Says Hypo Real Estate Test Report `Disgraceful’

July 20, 2010

July 20 (Bloomberg) — Richard Portes, professor at London Business School, talks about Hypo Real Estate Holding AG failing the stress test. Portes speaks with Andrea Catherwood on Bloomberg Television’s “The Pulse.”

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Cole Acquires City Center Plaza for $310 Million

July 13, 2010

In one of the largest real estate transactions of 2010, Cole Credit Property Trust III Inc., a non-traded real-estate investment trust managed by Cole Real Estate Investment of Phoenix, purchased the City Center Plaza from Beacon Capital Partners for…

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Timing Of George Steinbrenner’s Death Could Mean His Heirs Will Dodge Estate Tax

July 13, 2010

CHICAGO — Born on the Fourth of July, George Steinbrenner left the world stage with a great sense of timing too. By dying in 2010, the billionaire and long-time New York Yankees owner’s wealth avoids the federal estate tax, likely saving his heirs enough money to field an entire team of Alex Rodriguezes. Steinbrenner’s death Tuesday came during an unplanned year-long gap in the estate tax, the first since it was enacted in 1916. Political wrangling has stalemated efforts in Congress to replace the tax that expired in 2009. That deprives the government of billions of dollars in annual revenue but represents an unexpected bonanza for those who inherit wealth. “If you’re super-wealthy, it’s a good year to die,” said Jack Nuckolls, an attorney and estate planner with the accounting firm BDO Seidman. “It really is.” The death of the 80-year-old Steinbrenner, who had been in poor health for years, highlights a quirky tax situation that has drawn much scrutiny among the moneyed but little on Main Street. Only those with estates valued at more than $3.5 million had to pay under the old law. Without knowing the exact details of Steinbrenner’s holdings and estate plan, it’s impossible to say how much money will be saved. But estate planners and tax experts say it’s likely that the estate benefited hugely by the timing of his death. A glance at some numbers suggests roughly how it may work. Forbes magazine has estimated Steinbrenner’s estate at $1.1 billion. The federal estate tax in 2009 was 45 percent, with the $3.5 million per-person exemption. If he had died last year, his estate could thus have faced federal taxes of almost $500 million, depending on how the estate was structured. That doesn’t mean his heirs permanently escape all taxes related to his assets. They will still have to ultimately pay a capital gains tax if and when assets are sold. And due to a change in tax law this year, the tax would be applied to the amount by which the assets have appreciated since Steinbrenner acquired them. Even if the Steinbrenners sold the assets right away, the top capital gains tax rate is 15 percent. Worst-case scenario, depending on how much the assets appreciated after Steinbrenner acquired them: a $165 million tax bill. That’s a tax break of about $328 million. A-Rod’s 2010 salary: $32 million. The Steinbrenner family has not suggested any sale is planned. “There are no succession issues, and the team will not be sold,” Yankees president Randy Levine said. The Steinbrenners therefore are expected to avoid what happened to the family of Chicago Cubs owner P.K. Wrigley after he died in 1977. The family was forced to sell the Cubs to the Tribune Co. four years later to pay the taxes on Wrigley’s estate. As Steinbrenner’s Yankees transformed into Yankee Global Enterprises, which includes the cable TV operation YES Network and Legends Hospitality, estate planning issues for a transfer to his children were dealt with, according to a Yankees official who spoke on condition of anonymity because those details weren’t released Estate taxes can be reduced through certain planning measures – such as gifts and asset sales to family members at discounted values. However, except for the unusual circumstances of 2010, they cannot be eliminated unless you give it all to charity. Some wealthy families use trusts to lower estate taxes. But even transferring assets to family trusts wouldn’t have significantly lessened Steinbrenner’s federal tax liability unless he gave vast amounts of assets to relatives as gifts before he died. Those would have been subject to a large gift tax. That’s unlikely since very few people choose to pay a large tax anount sooner than necessary, according to Richard Behrendt, senior estate planner for Baird Financial Advisors in Milwaukee and a former estate tax attorney for the Internal Revenue Service. The estate tax is scheduled to return in 2011, with a top rate of 55 percent. The House passed a bill last year that would have extended the estate tax at the 2009 rates, but it stalled in the Senate. Many Republicans want to eliminate the federal estate tax altogether, while many Democrats want to extend it at the 2009 rates. There had been talk on Capitol Hill of reinstating it retroactively, to the start of the year. But as the year progresses, lawmakers say that is increasingly unlikely. “If Congress doesn’t go retroactive, then he picked a great year to die,” said Robert Steele, who heads of the trusts and estates department at the law firm of Wolf Haldenstein Adler Freeman & Herz in New York. “There will be possibly tremendous capital gains tax, but the capital gains rate is a lot lower than the estate tax rate would have been.” ___ Ohlemacher reported from Washington. AP Sports Writer Ronald Blum also contributed to this report.

Read the full article →

Timing Of George Steinbrenner’s Death Could Mean His Heirs Will Dodge Estate Tax

July 13, 2010

CHICAGO — Born on the Fourth of July, George Steinbrenner left the world stage with a great sense of timing too. By dying in 2010, the billionaire and long-time New York Yankees owner’s wealth avoids the federal estate tax, likely saving his heirs enough money to field an entire team of Alex Rodriguezes. Steinbrenner’s death Tuesday came during an unplanned year-long gap in the estate tax, the first since it was enacted in 1916. Political wrangling has stalemated efforts in Congress to replace the tax that expired in 2009. That deprives the government of billions of dollars in annual revenue but represents an unexpected bonanza for those who inherit wealth. “If you’re super-wealthy, it’s a good year to die,” said Jack Nuckolls, an attorney and estate planner with the accounting firm BDO Seidman. “It really is.” The death of the 80-year-old Steinbrenner, who had been in poor health for years, highlights a quirky tax situation that has drawn much scrutiny among the moneyed but little on Main Street. Only those with estates valued at more than $3.5 million had to pay under the old law. Without knowing the exact details of Steinbrenner’s holdings and estate plan, it’s impossible to say how much money will be saved. But estate planners and tax experts say it’s likely that the estate benefited hugely by the timing of his death. A glance at some numbers suggests roughly how it may work. Forbes magazine has estimated Steinbrenner’s estate at $1.1 billion. The federal estate tax in 2009 was 45 percent, with the $3.5 million per-person exemption. If he had died last year, his estate could thus have faced federal taxes of almost $500 million, depending on how the estate was structured. That doesn’t mean his heirs permanently escape all taxes related to his assets. They will still have to ultimately pay a capital gains tax if and when assets are sold. And due to a change in tax law this year, the tax would be applied to the amount by which the assets have appreciated since Steinbrenner acquired them. Even if the Steinbrenners sold the assets right away, the top capital gains tax rate is 15 percent. Worst-case scenario, depending on how much the assets appreciated after Steinbrenner acquired them: a $165 million tax bill. That’s a tax break of about $328 million. A-Rod’s 2010 salary: $32 million. The Steinbrenner family has not suggested any sale is planned. “There are no succession issues, and the team will not be sold,” Yankees president Randy Levine said. The Steinbrenners therefore are expected to avoid what happened to the family of Chicago Cubs owner P.K. Wrigley after he died in 1977. The family was forced to sell the Cubs to the Tribune Co. four years later to pay the taxes on Wrigley’s estate. As Steinbrenner’s Yankees transformed into Yankee Global Enterprises, which includes the cable TV operation YES Network and Legends Hospitality, estate planning issues for a transfer to his children were dealt with, according to a Yankees official who spoke on condition of anonymity because those details weren’t released Estate taxes can be reduced through certain planning measures – such as gifts and asset sales to family members at discounted values. However, except for the unusual circumstances of 2010, they cannot be eliminated unless you give it all to charity. Some wealthy families use trusts to lower estate taxes. But even transferring assets to family trusts wouldn’t have significantly lessened Steinbrenner’s federal tax liability unless he gave vast amounts of assets to relatives as gifts before he died. Those would have been subject to a large gift tax. That’s unlikely since very few people choose to pay a large tax anount sooner than necessary, according to Richard Behrendt, senior estate planner for Baird Financial Advisors in Milwaukee and a former estate tax attorney for the Internal Revenue Service. The estate tax is scheduled to return in 2011, with a top rate of 55 percent. The House passed a bill last year that would have extended the estate tax at the 2009 rates, but it stalled in the Senate. Many Republicans want to eliminate the federal estate tax altogether, while many Democrats want to extend it at the 2009 rates. There had been talk on Capitol Hill of reinstating it retroactively, to the start of the year. But as the year progresses, lawmakers say that is increasingly unlikely. “If Congress doesn’t go retroactive, then he picked a great year to die,” said Robert Steele, who heads of the trusts and estates department at the law firm of Wolf Haldenstein Adler Freeman & Herz in New York. “There will be possibly tremendous capital gains tax, but the capital gains rate is a lot lower than the estate tax rate would have been.” ___ Ohlemacher reported from Washington. AP Sports Writer Ronald Blum also contributed to this report.

Read the full article →

Timing Of George Steinbrenner’s Death Could Mean His Heirs Will Dodge Estate Tax

July 13, 2010

CHICAGO — Born on the Fourth of July, George Steinbrenner left the world stage with a great sense of timing too. By dying in 2010, the billionaire and long-time New York Yankees owner’s wealth avoids the federal estate tax, likely saving his heirs enough money to field an entire team of Alex Rodriguezes. Steinbrenner’s death Tuesday came during an unplanned year-long gap in the estate tax, the first since it was enacted in 1916. Political wrangling has stalemated efforts in Congress to replace the tax that expired in 2009. That deprives the government of billions of dollars in annual revenue but represents an unexpected bonanza for those who inherit wealth. “If you’re super-wealthy, it’s a good year to die,” said Jack Nuckolls, an attorney and estate planner with the accounting firm BDO Seidman. “It really is.” The death of the 80-year-old Steinbrenner, who had been in poor health for years, highlights a quirky tax situation that has drawn much scrutiny among the moneyed but little on Main Street. Only those with estates valued at more than $3.5 million had to pay under the old law. Without knowing the exact details of Steinbrenner’s holdings and estate plan, it’s impossible to say how much money will be saved. But estate planners and tax experts say it’s likely that the estate benefited hugely by the timing of his death. A glance at some numbers suggests roughly how it may work. Forbes magazine has estimated Steinbrenner’s estate at $1.1 billion. The federal estate tax in 2009 was 45 percent, with the $3.5 million per-person exemption. If he had died last year, his estate could thus have faced federal taxes of almost $500 million, depending on how the estate was structured. That doesn’t mean his heirs permanently escape all taxes related to his assets. They will still have to ultimately pay a capital gains tax if and when assets are sold. And due to a change in tax law this year, the tax would be applied to the amount by which the assets have appreciated since Steinbrenner acquired them. Even if the Steinbrenners sold the assets right away, the top capital gains tax rate is 15 percent. Worst-case scenario, depending on how much the assets appreciated after Steinbrenner acquired them: a $165 million tax bill. That’s a tax break of about $328 million. A-Rod’s 2010 salary: $32 million. The Steinbrenner family has not suggested any sale is planned. “There are no succession issues, and the team will not be sold,” Yankees president Randy Levine said. The Steinbrenners therefore are expected to avoid what happened to the family of Chicago Cubs owner P.K. Wrigley after he died in 1977. The family was forced to sell the Cubs to the Tribune Co. four years later to pay the taxes on Wrigley’s estate. As Steinbrenner’s Yankees transformed into Yankee Global Enterprises, which includes the cable TV operation YES Network and Legends Hospitality, estate planning issues for a transfer to his children were dealt with, according to a Yankees official who spoke on condition of anonymity because those details weren’t released Estate taxes can be reduced through certain planning measures – such as gifts and asset sales to family members at discounted values. However, except for the unusual circumstances of 2010, they cannot be eliminated unless you give it all to charity. Some wealthy families use trusts to lower estate taxes. But even transferring assets to family trusts wouldn’t have significantly lessened Steinbrenner’s federal tax liability unless he gave vast amounts of assets to relatives as gifts before he died. Those would have been subject to a large gift tax. That’s unlikely since very few people choose to pay a large tax anount sooner than necessary, according to Richard Behrendt, senior estate planner for Baird Financial Advisors in Milwaukee and a former estate tax attorney for the Internal Revenue Service. The estate tax is scheduled to return in 2011, with a top rate of 55 percent. The House passed a bill last year that would have extended the estate tax at the 2009 rates, but it stalled in the Senate. Many Republicans want to eliminate the federal estate tax altogether, while many Democrats want to extend it at the 2009 rates. There had been talk on Capitol Hill of reinstating it retroactively, to the start of the year. But as the year progresses, lawmakers say that is increasingly unlikely. “If Congress doesn’t go retroactive, then he picked a great year to die,” said Robert Steele, who heads of the trusts and estates department at the law firm of Wolf Haldenstein Adler Freeman & Herz in New York. “There will be possibly tremendous capital gains tax, but the capital gains rate is a lot lower than the estate tax rate would have been.” ___ Ohlemacher reported from Washington. AP Sports Writer Ronald Blum also contributed to this report.

Read the full article →

Timing Of George Steinbrenner’s Death Could Mean His Heirs Will Dodge Estate Tax

July 13, 2010

CHICAGO — Born on the Fourth of July, George Steinbrenner left the world stage with a great sense of timing too. By dying in 2010, the billionaire and long-time New York Yankees owner’s wealth avoids the federal estate tax, likely saving his heirs enough money to field an entire team of Alex Rodriguezes. Steinbrenner’s death Tuesday came during an unplanned year-long gap in the estate tax, the first since it was enacted in 1916. Political wrangling has stalemated efforts in Congress to replace the tax that expired in 2009. That deprives the government of billions of dollars in annual revenue but represents an unexpected bonanza for those who inherit wealth. “If you’re super-wealthy, it’s a good year to die,” said Jack Nuckolls, an attorney and estate planner with the accounting firm BDO Seidman. “It really is.” The death of the 80-year-old Steinbrenner, who had been in poor health for years, highlights a quirky tax situation that has drawn much scrutiny among the moneyed but little on Main Street. Only those with estates valued at more than $3.5 million had to pay under the old law. Without knowing the exact details of Steinbrenner’s holdings and estate plan, it’s impossible to say how much money will be saved. But estate planners and tax experts say it’s likely that the estate benefited hugely by the timing of his death. A glance at some numbers suggests roughly how it may work. Forbes magazine has estimated Steinbrenner’s estate at $1.1 billion. The federal estate tax in 2009 was 45 percent, with the $3.5 million per-person exemption. If he had died last year, his estate could thus have faced federal taxes of almost $500 million, depending on how the estate was structured. That doesn’t mean his heirs permanently escape all taxes related to his assets. They will still have to ultimately pay a capital gains tax if and when assets are sold. And due to a change in tax law this year, the tax would be applied to the amount by which the assets have appreciated since Steinbrenner acquired them. Even if the Steinbrenners sold the assets right away, the top capital gains tax rate is 15 percent. Worst-case scenario, depending on how much the assets appreciated after Steinbrenner acquired them: a $165 million tax bill. That’s a tax break of about $328 million. A-Rod’s 2010 salary: $32 million. The Steinbrenner family has not suggested any sale is planned. “There are no succession issues, and the team will not be sold,” Yankees president Randy Levine said. The Steinbrenners therefore are expected to avoid what happened to the family of Chicago Cubs owner P.K. Wrigley after he died in 1977. The family was forced to sell the Cubs to the Tribune Co. four years later to pay the taxes on Wrigley’s estate. As Steinbrenner’s Yankees transformed into Yankee Global Enterprises, which includes the cable TV operation YES Network and Legends Hospitality, estate planning issues for a transfer to his children were dealt with, according to a Yankees official who spoke on condition of anonymity because those details weren’t released Estate taxes can be reduced through certain planning measures – such as gifts and asset sales to family members at discounted values. However, except for the unusual circumstances of 2010, they cannot be eliminated unless you give it all to charity. Some wealthy families use trusts to lower estate taxes. But even transferring assets to family trusts wouldn’t have significantly lessened Steinbrenner’s federal tax liability unless he gave vast amounts of assets to relatives as gifts before he died. Those would have been subject to a large gift tax. That’s unlikely since very few people choose to pay a large tax anount sooner than necessary, according to Richard Behrendt, senior estate planner for Baird Financial Advisors in Milwaukee and a former estate tax attorney for the Internal Revenue Service. The estate tax is scheduled to return in 2011, with a top rate of 55 percent. The House passed a bill last year that would have extended the estate tax at the 2009 rates, but it stalled in the Senate. Many Republicans want to eliminate the federal estate tax altogether, while many Democrats want to extend it at the 2009 rates. There had been talk on Capitol Hill of reinstating it retroactively, to the start of the year. But as the year progresses, lawmakers say that is increasingly unlikely. “If Congress doesn’t go retroactive, then he picked a great year to die,” said Robert Steele, who heads of the trusts and estates department at the law firm of Wolf Haldenstein Adler Freeman & Herz in New York. “There will be possibly tremendous capital gains tax, but the capital gains rate is a lot lower than the estate tax rate would have been.” ___ Ohlemacher reported from Washington. AP Sports Writer Ronald Blum also contributed to this report.

Read the full article →

Dan Solin: The Secret Your Estate Planning Lawyer Won’t Tell You

July 13, 2010

No one wants to confront their own mortality. That’s why so many Americans die without a will, which is the worst possible estate planning. For those who act responsibly and retain the services of an estate planning lawyer, a hidden danger lurks. The standard estate planning advice is geared (as it should be) around minimizing estate taxes and avoiding probate, where appropriate. That’s all well and good. However, a critical area of concern is ignored by every estate planner I have encountered: the management of your assets after death. Estate planning lawyers receive referrals from major brokerage firms and traditional institutional trustees. The best way to keep these referrals flowing is to refer business back to the source. It all sounds innocuous enough until you understand the devastating consequences of this common practice. The real money in trust administration is not in the administration fees. It’s in the advisory fees generated by the arm of the trustee that manages the assets in the trust. Well in excess of 90% of institutional trustees also manage trust assets. Not only does this create a conflict of interest (how carefully is one division of the trust administrator really going to review the conduct of another division?), but it practically insures under performance of trust assets. Notwithstanding the overwhelming evidence demonstrating the superiority of passive management, I know of no trust administrator who follows this Nobel Prize winning investment strategy. Instead, they increase the costs to the trust by engaging in active management, in a usually futile attempt to “beat the markets.” It’s sad that investors who, during their lives, take such care to invest prudently, fall into this trap by following the standard advice of their estate planners. There is a way to avoid having your assets mismanaged after your death, but don’t expect your estate planner to tell you about it. Insist that your trust be managed by a “directed trustee.” These are professional trust administrators who only administer trusts. They do not manage money. The leading directed trustees are Advisory Trust of Delaware , Santa Fe Trust and Wealth Advisors Trust Company . You will need to give your directed trustee guidance about the kind of financial adviser it should appoint. Here’s language I inserted in my trust: “The Investment Manager shall be guided by the basic principle known as Modern Portfolio Theory. The Investment Manager should make no effort to “beat the markets.” The Investment Manager shall focus on the asset allocation of the portfolio. The portfolio shall be globally diversified, using low cost stock and bond index funds, exchange traded funds or passively managed funds. The investment manager shall be guided by the principles set forth in The Intelligent Asset Allocator, by William Bernstein, A Random Walk Down Wall Street, by Burton Malkiel., The Little Book of Common Sense Investing , by John Bogle and The Smartest Investment Book You’ll Ever Read , by Daniel R. Solin.” With the appointment of a directed trustee and the insertion of this (or similar) language in your trust document, you have now protected your assets from being plundered after your death. Based on historical data, the returns of your trust assets could be as much as 300% higher than the historical returns of the average equity investor over the past twenty years. Of course, you should be following the same investment advice while you are alive. Why should your heirs be the only beneficiaries of Smart Investing? The views set forth in this blog are the opinions of the author alone and may not represent the views of any firm or entity with whom he is affiliated. The data, information, and content on this blog are for information, education, and non-commercial purposes only. Returns from index funds do not represent the performance of any investment advisory firm. The information on this blog does not involve the rendering of personalized investment advice and is limited to the dissemination of opinions on investing. No reader should construe these opinions as an offer of advisory services. Readers who require investment advice should retain the services of a competent investment professional. The information on this blog is not an offer to buy or sell, or a solicitation of any offer to buy or sell any securities or class of securities mentioned herein. Furthermore, the information on this blog should not be construed as an offer of advisory services. Please note that the author does not recommend specific securities nor is he responsible for comments made by persons posting on this blog.

Read the full article →

Dan Solin: The Secret Your Estate Planning Lawyer Won’t Tell You

July 13, 2010

No one wants to confront their own mortality. That’s why so many Americans die without a will, which is the worst possible estate planning. For those who act responsibly and retain the services of an estate planning lawyer, a hidden danger lurks. The standard estate planning advice is geared (as it should be) around minimizing estate taxes and avoiding probate, where appropriate. That’s all well and good. However, a critical area of concern is ignored by every estate planner I have encountered: the management of your assets after death. Estate planning lawyers receive referrals from major brokerage firms and traditional institutional trustees. The best way to keep these referrals flowing is to refer business back to the source. It all sounds innocuous enough until you understand the devastating consequences of this common practice. The real money in trust administration is not in the administration fees. It’s in the advisory fees generated by the arm of the trustee that manages the assets in the trust. Well in excess of 90% of institutional trustees also manage trust assets. Not only does this create a conflict of interest (how carefully is one division of the trust administrator really going to review the conduct of another division?), but it practically insures under performance of trust assets. Notwithstanding the overwhelming evidence demonstrating the superiority of passive management, I know of no trust administrator who follows this Nobel Prize winning investment strategy. Instead, they increase the costs to the trust by engaging in active management, in a usually futile attempt to “beat the markets.” It’s sad that investors who, during their lives, take such care to invest prudently, fall into this trap by following the standard advice of their estate planners. There is a way to avoid having your assets mismanaged after your death, but don’t expect your estate planner to tell you about it. Insist that your trust be managed by a “directed trustee.” These are professional trust administrators who only administer trusts. They do not manage money. The leading directed trustees are Advisory Trust of Delaware , Santa Fe Trust and Wealth Advisors Trust Company . You will need to give your directed trustee guidance about the kind of financial adviser it should appoint. Here’s language I inserted in my trust: “The Investment Manager shall be guided by the basic principle known as Modern Portfolio Theory. The Investment Manager should make no effort to “beat the markets.” The Investment Manager shall focus on the asset allocation of the portfolio. The portfolio shall be globally diversified, using low cost stock and bond index funds, exchange traded funds or passively managed funds. The investment manager shall be guided by the principles set forth in The Intelligent Asset Allocator, by William Bernstein, A Random Walk Down Wall Street, by Burton Malkiel., The Little Book of Common Sense Investing , by John Bogle and The Smartest Investment Book You’ll Ever Read , by Daniel R. Solin.” With the appointment of a directed trustee and the insertion of this (or similar) language in your trust document, you have now protected your assets from being plundered after your death. Based on historical data, the returns of your trust assets could be as much as 300% higher than the historical returns of the average equity investor over the past twenty years. Of course, you should be following the same investment advice while you are alive. Why should your heirs be the only beneficiaries of Smart Investing? The views set forth in this blog are the opinions of the author alone and may not represent the views of any firm or entity with whom he is affiliated. The data, information, and content on this blog are for information, education, and non-commercial purposes only. Returns from index funds do not represent the performance of any investment advisory firm. The information on this blog does not involve the rendering of personalized investment advice and is limited to the dissemination of opinions on investing. No reader should construe these opinions as an offer of advisory services. Readers who require investment advice should retain the services of a competent investment professional. The information on this blog is not an offer to buy or sell, or a solicitation of any offer to buy or sell any securities or class of securities mentioned herein. Furthermore, the information on this blog should not be construed as an offer of advisory services. Please note that the author does not recommend specific securities nor is he responsible for comments made by persons posting on this blog.

Read the full article →

Dan Solin: The Secret Your Estate Planning Lawyer Won’t Tell You

July 13, 2010

No one wants to confront their own mortality. That’s why so many Americans die without a will, which is the worst possible estate planning. For those who act responsibly and retain the services of an estate planning lawyer, a hidden danger lurks. The standard estate planning advice is geared (as it should be) around minimizing estate taxes and avoiding probate, where appropriate. That’s all well and good. However, a critical area of concern is ignored by every estate planner I have encountered: the management of your assets after death. Estate planning lawyers receive referrals from major brokerage firms and traditional institutional trustees. The best way to keep these referrals flowing is to refer business back to the source. It all sounds innocuous enough until you understand the devastating consequences of this common practice. The real money in trust administration is not in the administration fees. It’s in the advisory fees generated by the arm of the trustee that manages the assets in the trust. Well in excess of 90% of institutional trustees also manage trust assets. Not only does this create a conflict of interest (how carefully is one division of the trust administrator really going to review the conduct of another division?), but it practically insures under performance of trust assets. Notwithstanding the overwhelming evidence demonstrating the superiority of passive management, I know of no trust administrator who follows this Nobel Prize winning investment strategy. Instead, they increase the costs to the trust by engaging in active management, in a usually futile attempt to “beat the markets.” It’s sad that investors who, during their lives, take such care to invest prudently, fall into this trap by following the standard advice of their estate planners. There is a way to avoid having your assets mismanaged after your death, but don’t expect your estate planner to tell you about it. Insist that your trust be managed by a “directed trustee.” These are professional trust administrators who only administer trusts. They do not manage money. The leading directed trustees are Advisory Trust of Delaware , Santa Fe Trust and Wealth Advisors Trust Company . You will need to give your directed trustee guidance about the kind of financial adviser it should appoint. Here’s language I inserted in my trust: “The Investment Manager shall be guided by the basic principle known as Modern Portfolio Theory. The Investment Manager should make no effort to “beat the markets.” The Investment Manager shall focus on the asset allocation of the portfolio. The portfolio shall be globally diversified, using low cost stock and bond index funds, exchange traded funds or passively managed funds. The investment manager shall be guided by the principles set forth in The Intelligent Asset Allocator, by William Bernstein, A Random Walk Down Wall Street, by Burton Malkiel., The Little Book of Common Sense Investing , by John Bogle and The Smartest Investment Book You’ll Ever Read , by Daniel R. Solin.” With the appointment of a directed trustee and the insertion of this (or similar) language in your trust document, you have now protected your assets from being plundered after your death. Based on historical data, the returns of your trust assets could be as much as 300% higher than the historical returns of the average equity investor over the past twenty years. Of course, you should be following the same investment advice while you are alive. Why should your heirs be the only beneficiaries of Smart Investing? The views set forth in this blog are the opinions of the author alone and may not represent the views of any firm or entity with whom he is affiliated. The data, information, and content on this blog are for information, education, and non-commercial purposes only. Returns from index funds do not represent the performance of any investment advisory firm. The information on this blog does not involve the rendering of personalized investment advice and is limited to the dissemination of opinions on investing. No reader should construe these opinions as an offer of advisory services. Readers who require investment advice should retain the services of a competent investment professional. The information on this blog is not an offer to buy or sell, or a solicitation of any offer to buy or sell any securities or class of securities mentioned herein. Furthermore, the information on this blog should not be construed as an offer of advisory services. Please note that the author does not recommend specific securities nor is he responsible for comments made by persons posting on this blog.

Read the full article →

CoStar’s People of Note (June 27-July 3)

July 1, 2010

This week’s People of Note includes the following markets: Chicago, Kansas City, National, San Francisco and Southern California SAN FRANCISCO, NATIONAL Walter Shorenstein, Real Estate Mogul, Dies at 95 Commercial real estate entrepreneur Walter…

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Trammell/Principal JV Sells Houston Office for $94M

July 1, 2010

A joint venture between Trammell Crow Co. and Principal Real Estate Investors sold Energy Center I, a 13-story, 332,000-square-foot office property in Houston, TX, to Wells REIT II for $94 million, or approximately $283 per square foot. TCC developed…

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Bureau of Prisons Office HQ in DC Trades for $68M

July 1, 2010

First Potomac Realty Trust made its first entry into the downtown Washington, DC, office market with its $68 million purchase of a 129,035-square-foot building at 500 First St. NW. AREA Property Partners, formerly known as Apollo Real Estate Advisors…

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