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.
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.
Judging from the interest generated by our 2004 CLE offering and by telephone calls and emails we have received since then, our article on the tax and Medicaid planning aspects of what we tongue-in-cheek termed the “standard Vermont estate plan” has led attorneys to explore alternatives to the rather common recommendation of a joint tenancy with a family member to pass a Vermont elder’s home to the next generation. Since the article was published (VBA Bar Journal, Summer 2003), the US Congress passed legislation that radically changes the Medicaid planning aspects of our article. In addition, the Vermont Supreme Court has issued three recent decisions that also must be considered in using the survivorship or remainder features in deeds to pass a home to surviving children.
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.
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.
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.
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.
Many of our clients purchase or sell condominiums in and around Vermont's ski areas. A troublesome issue has surfaced recently.
Facing legal matters after the death of a spouse is one of the more daunting and emotionally draining tasks a surviving spouse is required to address.