Fall 2011 Newsletter
Volume 22, No. 5
Valuing Claims: Is there a Methodology?
C. Arthur Robinson, II, and John T. Midgett
In Defense of the Suit for Aid and Direction as a Remedy for a Trustee-Beneficiary
Glen M. Robertson
Ethical Issues in the Compensation of Attorneys Acting as Fiduciaries
Mark V. Pascucci
Board of Governors
Message from the Chair
Martha Leary Sotelo, Chair
Trusts and Estates Section
It is my pleasure to introduce to you the fall edition of the Trusts and Estates Newsletter. This edition of the newsletter includes three articles with an emphasis on various estate administration issues. John T. Midgett and C. Arthur Robinson tackle the challenging subject of how to value claims or other intangible assets in an estate. Glen Robertson explores the availability of a suit for aid and direction when the fiduciary also has a beneficial interest in the estate or trust. Our final article authored by Mark V. Pascucci explores the boundaries of current Virginia law relative to attorney’s fees and executor fees. I would like to express my thanks to our Editor C. Arthur Robinson and Assistant Editor, Jennifer Shirkey for their hard work in producing this edition of the newsletter. In addition I would like to thank each of the authors for their contributions to this newsletter. Obviously, without their contributions this newsletter would not be possible. We encourage any of our section members who are interested in contributing to the newsletter to contact Arthur and Jennifer. Arthur and Jennifer would welcome your support and you can find their contact information on the last page of the newsletter.
Please note that this edition of the newsletter will be the last one where members will be able to receive paper copies mailed to them. As Neal Brodsky noted in his comments last spring, starting in the spring of 2012 our newsletter will only be available in electronic format and will be sent via e-mail to all section members. We encourage you to confirm that the Virginia State Bar has an updated e-mail address for you so that your receipt of the spring newsletter will not be interrupted. The board of governors has decided to redirect the funds that were allocated to the publishing and mailing of the newsletter to our section’s website. We hope to upgrade our section’s website and our first step in that process is to convert former editions of the newsletter into an electronic searchable format. We hope that this will provide you a greater opportunity to use and refer to the newsletter articles in your daily practice.
In closing, I would also like to thank the members of the Board of Governors for their hard work and dedication to this section. It is my honor to serve with such a talented group of professionals. It is through the Board’s combined efforts with Virginia CLE that we are able to present the Annual Trusts and Estates CLE. If you were unable to attend the live presentations in October of the Annual Trusts and Estates CLE then we encourage you to view one of the many video replays of this presentation. We also encourage you to provide us with any suggestions for topics that you would like hear next year. The Board is committed to providing high quality presentations and we value your input.
Fall 2011 Newsletter (.pdf)