Virginia State Bar

An agency of the Supreme Court of Virginia

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Trusts and Estates

A Section of the Virginia State Bar.

Spring 2010 Newsletter

Newsletter - Trusts and Estates

Volume 22, No. 2

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Message from the Chair
Julie A. King, Chair, Trusts and Estates Section

I invite and encourage you to attend the Virginia State Bar’s Annual Meeting scheduled for June 17-20 in Virginia Beach. The meeting is a great opportunity to visit with and meet colleagues and to attend excellent CLE programs. This year, the Trusts and Estates Section is co-sponsoring a program with the Senior Lawyers Conference and the General Practice Section of the Bar entitled “The Basics of Estate Administration: Pointers and Pitfalls.” The program will start at 11 a.m. on Friday, June 18.

On behalf of the Board of Governors, we are pleased to bring you the Spring 2010 newsletter, with special thanks to Southy Walton, our newsletter editor, and Nathan Olansen, assistant newsletter editor.

As our focus on the future of the estate tax continues, authors Patrick J. Vaughan, C. Daniel Vaughan and Kathi L. Ayers remind us of the importance of income tax considerations as they address unique income tax planning opportunities in their article “The Fourth Dimension of the Planning Process: Reducing Income Taxes for the Family Group.”

Leigh-Alexandra Basha presents a case study on international estate planning in “Estate Planning for the Multinational Couple: A Virginia Perspective.” The article discusses the complexities in tax and estate planning with clients that hold foreign assets and addresses issues of marital regime and proper selection of estate planning documents.

Advising executors regarding the unpaid taxes of a decedent is an often overlooked area of estate administration. Jeffrey D. Chadwick examines the executor liability standard and provides a list of steps to take to avoid personal liability for taxes of a decedent.

Finally, in the context of fiduciary litigation, George O. Peterson reviews the fiduciary exception to the attorney-client privilege and situations where the fiduciary exception may not apply. This article also considers the impact on the privilege of the source of payment of litigation fees.

I hope that you find the articles in this newsletter valuable and informative. If you would like to write an article for an upcoming newsletter, or have ideas for topics for future articles, please contact Southy Walton, newsletter editor. If you should have any questions or comments about this newsletter or the Trusts and Estates Section, please contact me or any of the other members of the Board of Governors. Our contact information is listed at the end of this newsletter.

Spring 2010 Newsletter (.pdf version)