Continuing Legal Education

TELESEMINAR: Choice of Entity for Real Estate – A National Perspective

September 10, 2013
12:00 – 1:00 p.m.
1.00 MCLE hours


Choosing the right entity for a real estate transaction involves consideration of business and tax law, estate planning, and financial issues. These and other factors may vary depending on the type of deal – a development project, a long-term income property, resale properties – and whether a client is an individual or an institution. Operational flexibility must be weighed against certainty and tax optimization against other objectives. The traditional model of an institutional general partner and individual limited partners often gives way to more flexible – and easier to organize – LLC structures. This program will provide you with a framework for assessing the range of entity alternatives for a real estate transaction depending on the nature of the underlying deal, discuss the tradeoffs of each, and include a discussion of estate planning issues impacting choice of entity.


  • Business and tax law and estate planning considerations in choice of entity for real estate transactions
  • Choice of entity depending on type of deal – development projects, income properties, resale deals
  • Consideration of LLCs v. S Corps v. C Corps, GP/LP structures, and the use of trusts
  • Tax impact of formation, distributions and dissolution on real estate entrepreneurs
  • Like-Kind Exchange considerations for choice of entity
  • Estate planning considerations when choosing an entity for real estate


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Program Speakers:
John S. Hollyfield
, Norton Rose Fulbright, LLP, Texas
Richard R. Goldberg, Ballard Spahr, LLP, Pennsylvania
Daniel L. Daniels, Wiggin and Dana, LLP, Connecticut


John S. Hollyfield is of counsel and a former partner in the Houston office Norton Rose Fulbright, LLP.  He has more than 40 years’ experience in real estate law practice.  He formerly served as chair of the ABA Real Property, Probate and Trust Law Section, president of the American College of Real Estate Lawyers, and chair of the Anglo-American Real Property Institute.  He has been named a "Texas Super Lawyer" in Real Estate Law by Texas Monthly magazine and is listed in Who’s Who in American Law.  He is co-editor of Modern Banking and Lending Forms (4th Edition), published by Warren, Gorham & Lamont.  He received his B.B.A. from the University of Texas and his LL.B. from the University of Texas School of Law.

Richard R. Goldberg is a retired partner, resident in the Philadelphia office of Ballard Spahr, LLP, where he established an extensive real estate practice, including development, financing, leasing, and acquisition.  Earlier in his career, he served as vice president and associate general counsel of The Rouse Company for 23 years.  He is past president of the American College of Real Estate Lawyers, past chair of the Anglo-American Real Property Institute, and past chair of the International Council of Shopping Centers Law Conference.  Mr. Goldberg is currently a Fellow of the American College of Mortgage Attorneys and is a member of the American Law Institute.  Mr. Goldberg received his B.A. from Pennsylvania State University and his LL.B. from the University of Maryland School of Law.

Daniel L. Daniels is a partner in the Greenwich, Connecticut office of Wiggin and Dana, LLP, where his practice focuses on representing business owners, corporate executives and other wealthy individuals and their families.  A Fellow of the American College of Trust and Estate Counsel, he is listed in “The Best Lawyers in America,” and has been named by “Worth” magazine as one of the Top 100 Lawyers in the United States representing affluent individuals. Mr. Daniels is co-author of a monthly column in “Trusts and Estates” magazine.  Mr. Daniels received his A.B., summa cum laude, from Dartmouth College and received his J.D., with honors, from Harvard Law School.