Articles

Vermonters With Interests In Foreign Accounts—Time To Come In Out Of The Cold

If you or a member of your family has foreign investment accounts, and/or interests in trusts, corporations or other foreign entities that have not been disclosed to the IRS, I strongly suggest you read on, because there is a growing list of reasons to “come clean” now.

Paula's Blog

Facing Legal Matters After the Death of Your Parents

By John C. Newman, Esq. Facing legal matters after the death of your parents is one of the more daunting and emotionally draining tasks a person can be required to address. We provide the following calendar checklist as a reference for the survivors.

Planning for the Vermont Estate Tax

By Ron R. Morgan, Esq., and Matthew D. Getty, Esq. It would be an understatement to say that estate planning to minimize potential federal and/or state estate tax liabilities has become considerably more complex in recent years. There are two principal reasons for this.

Public Trust in Vermont: What Next?

By Edward V. Schwiebert, Esq. Vermont developers have a new issue to consider, as the result of a recent amendment to Vermont's groundwater protection laws regarding water withdrawals and the rights of the public in groundwater.

Living Well on Other People's Money

Co-authored by Paula McCann, Esq., Ron R. Morgan, Esq., and John C. Newman, Esq. Vermont may be well on its way to a dubious number-one ranking: for that of thefts by fiduciaries from estates of all types. What lawyers need to know about preventing or prosecuting theft by fiduciaries.

To Amend or Not To Amend?

By A. Jay Kenlan, Esq. The debate surrounding Vermont statute amendments goes on.

Nonprofit Governance and IRS Form 990

If you are serving on a nonprofit board, you have a fiduciary duty of care in exercising oversight of the organization. One of the ways to ensure an active oversight role for your board is to review the annual filing of IRS Form 990.

Collection Procedures in Probate Court

As part of an article written by our Trust and Estate Department, we are proposing that litigants in probate court be able to use the same tools as are available in the Civil Division of the Superior Court to protect their financial interests when filing a petition and to collect final judgments. Current probate rules do not set forth the normal civil rules “tool kit” of pre-judgment mechanisms for finding assets and securing them until final judgment.

Spousal Share Rule

When the Vermont Legislature was considering the changes to the spousal share rules during the 2009-2010 session, the legislation originally contained a measure that would have criminalized thefts from any fiduciary relationship.

Contempt in Probate Matters

The contempt statute has been in the Vermont statutes for well over a hundred years, but it has been underutilized in recent history.

Newman's Blog

Unauthorized Practice of Law for Elders and Immigrants

To try to foster a state-wide contemplation on the topic of unauthorized practice of law for elders and immigration matters, herein is a rule currently under study by the Vermont Supreme Court.

New England Condo Q & A with Jack Facey

Firm partner Jack Facey has recently been answering questions for New England Condominium Magazine readers, a magazine published for owners, board members, lawyers and businesses working for condominium associations. The column is called “Ask a Lawyer.” The questions and answers posed to Mr. Facey follow.

Homestead Filing Change and Its Implications

By John C. Newman, Esq. & Matthew D. Getty, Esq. There has been a recent change in Vermont's homestead filing law. Read on to see how this affects the creation of life estates and/or transfers to trusts.

Termination of Ancient Endowments

One of the consequences of a prolonged economic downturn is a decrease in the size of institutional endowments just at the time when reliance on those funds may increase.

Disclosure of Foreign Financial Accounts

As has been widely reported in the press, a U.S. citizen or resident individual must file a Foreign Bank Account Report (FBAR) to disclose foreign bank and securities accounts.

Property Transfer Tax Upon Contribution of Property to Business Entity

By Matthew D. Getty, Esq. Anyone planning to transfer real estate into any kind of business entity needs to be aware of the provisions of the Vermont property transfer tax.

Financing Your Condominium Purchase in Vermont

Many of our clients purchase or sell condominiums in and around Vermont's ski areas. A troublesome issue has surfaced recently.

Alden v. Alden: Lessons on Vermont Trust Code

The first case in which the superior court has ruled on trust administration issues following the adoption of the Vermont Trust Code.