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Income Tax Planning Using Estate Planning Techniques

April 16, 2014

Over the last several years, we have seen a substantial evolution in the transfer tax arena here in the United States. As a result of several favorable legislative changes, it has become the case that only for a very small and rarified layer of...

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Wetland Mitigation Banking Agreements Are Binding Contracts Against The Corps

April 07, 2014

For the first time since Congress passed the Clean Water Act in 1972 a federal court has ruled that a wetland mitigation banking instrument (“MBI”) is a contract enforceable against the U.S. Army Corps of Engineers. The decision came from the...

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Changes to Durable Powers of Attorney – The New Virginia Act

March 13, 2014

As of July 1, 2010, a new power of attorney statute for Virginia went into effect. The new statute, which applies prospectively to both existing powers of attorney and powers of attorney created years ago, makes some significant changes about...

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Asset Protection: Dealing with an Uncertain World

February 10, 2014

One of the most interesting and esoteric of the planning problems which we deal with is the area of asset protection. Asset protection is often done in the context of estate planning. Whether the primary goal is to protect assets or to plan for...

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Charitable Gifts and Taxes (Doing Well While Doing Good)

October 03, 2013

It is never too late to support a worthy charity – you can even include them as a beneficiary of your will, IRA, annuity, life insurance, etc. However, if you wish to qualify for a 2013 tax deduction, now may be an excellent time to make your...

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EWW Tips: What to Do if You Are In an Automobile Accident

October 01, 2013

What to do if you are involved in an automobile accident: Immediately after the accident: Check for injuries; call an ambulance when in doubt. Turn off your vehicle and turn on your vehicle's hazard lights for safety. Call the police, even if...

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Does Your Corporation or Limited Liability Company Protect You?

October 01, 2013

The whole idea of using a corporation or limited liability company is to provide protection for the owner from the creditors of the corporation or limited liability company. The law says you are not personally liable for your corporate or limited...

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ERISA Protection for Your Family? Maybe.

October 01, 2013

It happens. An employee is provided a valuable insurance on their life through their employer’s benefit plan. They designated their spouse, by name, as the beneficiary in the case of their death. The marriage later falls apart and as part of the...

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Estate Plans are Not Goods

October 01, 2013

Every person is unique and so must be their estate plan. With the availability of estate planning documents on the web, the preparation of an estate plan has become akin to purchasing a good. The preparation of an estate plan is not simply...

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Increasing Urbanization Leads to Change in Virginia Boundary Law

October 01, 2013

Prior to 2007 under Virginia common law a landowner was typically limited to self- help when a neighbor’s vegetation such as tree roots or branches encroached onto his or her property. The only available remedy was to trim or cut the vegetation to...

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