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 2012 Newsletter

Newsletter - Trusts and Estates

Volume 22, No. 6

Message from the Chair
Martha Leary Sotelo, Chair
Trusts and Estates Section

The Board of Governors of the Trusts and Estates Section of the Virginia State Bar is pleased to bring you the Spring 2012 edition of our newsletter.

Our first article, “An Overview of Battley v. Mortensen: The End of Domestic Asset Protection Trusts?,” by Jennifer L. Moccia with Rack & Olansen, P.C in Virginia Beach, provides an excellent analysis of recent federal bankruptcy law impacting domestic asset protection trusts. Our second article by Jerad Tomac, a law student at Catholic University and law clerk to Fairfax County Commissioner of Account Jack Rust, discusses the Virginia Supreme Court decision in Dolby v. Dolby and explains how a decedent’s estate is responsible for satisfaction of a mortgage debt even though the real property passed by operation of law to the surviving spouse. Our third article, by C. Arthur Robinson, Esq. of Wolcott Rivers, enlightens us on the creative options available for using charitable remainder trusts in estate planning.

Please plan to attend the 74th Annual Meeting of the Virginia State Bar, which is being held in Virginia Beach on June 13-17, 2012. Our Section will be presenting a program entitled “Estate Planning for Lawyers.” Our speaker will be Lisa M. Hughes, Esq. with Yates, Campbell & Hoeg, LLP in Fairfax and James W. Garrett, Esq . with Carrell Blanton Garrett& Van Horn, PLC in Richmond. We thank them both for their efforts in preparing and leading this presentation which will be given on Friday, June 15 from 11-12:30pm. This presentation will incorporate succession planning for lawyers and we encourage you to attend this session which is relevant to us all!

We thank Arthur Robinson, our Newsletter Editor, and Jennifer Shirkey, our Assistant Newsletter Editor, for their work on producing this edition of the newsletter.

If you are not a member of the Trusts and Estates Section and would like to join, please visit our Section web site at trustsandestates and download a membership application.

If you have question or comments about this newsletter or our Section, please contact me or any member of the Board. Our names and contact information are available on the last page of this newsletter or on the Section web site at

In closing, I wish to thank you for allowing me to serve as your Chair and to encourage you to welcome incoming Chair, Southy Walton. It is has been my distinct pleasure to serve with Southy and the other members of the Board and I appreciate all of their support this past year.

Spring 2012 Newsletter (.pdf)