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Written by Arthur Robinson

Portability and Pre-Marital Agreements: Who Gets the Benefit?

There is a unique interaction between estate taxation and family law which has arisen as a result of the portability election for estate taxes which was enacted several years ago. Portability is the concept of allowing a surviving spouse to...

October 17, 2016 Divorce & Family Law; Estate & Gift Taxation

Virginia Adopts Transfer on Death Deeds

Imagine that a listing agent meets with a property owner about potentially listing the owner’s property for sale. During the meeting, the owner reveals that he recently signed and recorded a deed transferring the property to his daughter. Can the...

September 13, 2016 in Residential Real Estate

Written by Arthur Robinson

Interfamily Notes and Refinancing

An often overlooked technique when it comes to family planning is the interfamily loan. For a number of years, the primary focus with respect to transfers between family members was the potential tax for gift and estate tax purposes which could be...

September 12, 2016 Estate & Gift Taxation; Estate Planning

The SCRA Is Not Bulletproof

​The Servicemembers’ Civil Relief Act (“SCRA”) is a powerful shield protecting military servicemembers against overreaching by creditors. The United States Supreme Court has opined that the SCRA should be read “with an eye friendly to those who...

August 15, 2016 in Residential Real Estate

Written by Arthur Robinson

Specialized Trust Planning, Income Taxes, and Asset Protection

Over the last several years, we have seen a significant, perhaps even a sea-, change in the estate planning environment. For many years, practitioners were focused on transfer taxes as the tax rates were high and the exemptions were low. Then,...

June 08, 2016 Estate Planning; Wills, Trusts & Estate Administration

Written by Arthur Robinson

The Importance of Titling Property: Getting it Right the First Time

We are now in an environment where we have far greater options when transferring property than was the case thirty years ago. In addition to the traditional probate process, either with or without a Will to heirs, we currently have a variety of...

June 01, 2016

Mitigation Banks’ Uncertain Future

Developments across the country in recent years put into question the financial viability of establishing mitigation banks that provide compensatory mitigation for unavoidable impacts to waters of the United States that are permitted under Section...

April 26, 2016 in Environmental Law

Erin Andrews From Ten Thousand Feet

Beyond doubt, Erin Andrews was emotionally injured by the conduct of Mr. X when he surreptitiously altered Ms. Andrews’ hotel room door peephole so that he could video her o’natural and then publish the video on the internet. Ms. Andrews was a...

March 04, 2016 Criminal Defense - State & Federal; Litigation

The Death of Antonin Scalia and Former VA Governor Bob McDonnell

Perhaps no individual litigant will be more affected by the death of Supreme Court Justice Antonin Scalia than former Virginia Governor Bob McDonnell. The Governor’s appeal to the United States Supreme Court from his “corruption” conviction is...

February 16, 2016 in Criminal Defense - State & Federal

Misrepresentation or Mere "Puffery"?

A condominium developer in Northern Virginia avoided liability for fraud under common law and the Virginia Consumer Protection Act by engaging in “puffery” rather than misrepresentation of facts. That was the conclusion of the United States...

February 09, 2016 in Residential Real Estate