December 31, 2010 on 4:26 pm | In
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The 2-Minute Drill
2. Law talk in “True Grit”: “[Lawyer Daggett] will come after you with a writ of replevin!” Alas, “replevin” has been abolished in Virginia. What is a “writ of replevin?” This 1825 Virginia Supreme Court case describes it in more detail, but here’s my summary: if I have a claim that another person wrongfully holds my property, under a writ of replevin the court would order the return of that property until the court could determine the rightful owner. No longer, now we only have the action of detinue, in which the person in possession keeps possession until the court’s decision.
3. Billy the Kid is not getting pardoned. I did not know he was up for one. Because Jim Morrison of the Doors got a pardon, and the Rolling Stoned Keith Richards got a pardon, maybe the lesson is that Billy the Kid should have had a band, not a gang.
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December 30, 2010 on 4:31 pm | In
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The 2-Minute Drill
1. Governor McDonnell takes Virginia attorneys’ money, still doesn’t fund vacant judge positions. York County will continue to be without a full-time judge.
2. Shocking. A bill has been proposed to limit car title lending interest rate to 36%. Think about it, that means the lending rate is regularly higher than that!
3. I think I’ll do a post on all the lawyer references in “True Grit.” Some other day. In one scene, Rooster mentions reading Daniel’s treatise on Negotiable Instruments. I looked it up and found this link showing that Daniel may have been a Lynchburg, Va. attorney. How about that?
4. We represent many homeowners associations. . The HOA says inflatable Mickey Mouse is ok, but the “Happy Birthday Jesus” sign, no.
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December 12, 2010 on 3:17 pm | In
Business Planning,
Neal J. Robinson,
Real Estate Strategies,
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In S8721, S. Amend.4753 amending H.R.4853, there is some good news with respect to the long in limbo future of federal estate and gift tax legislation for taxable years beginning after December 31, 2010. Further, it appears that the estate and gift tax amendments are likely to pass both houses of Congress this year, though nothing is certain in the current legislative environment.
Under the proposed legislation, the amount of a decedent’s taxable estate excludable from estate tax would be $5 million. For years beginning in 2012, the exclusion amount would be indexed for inflation. While the provisions of the proposed legislation will sunset with the entirety of the proposed tax package, this time as of December 31, 2012, the inflation index provisions as to these provisions may be an indication that there exists some consensus that the estate and gift tax components of the current tax bill may represent appropriate long-term policy.
Continue reading “The Proposed Tax Legislation and You”
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December 9, 2010 on 3:03 pm | In
General Interest,
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Topics include:
Many HOAs have board members who are also attorneys. Attorney board members can provide valuable input as board members but have to be careful not to provide legal advice. The attorney board member’s experience and training help with identifying legal issues, framing those issues for the board, and presenting the questions with clarity to the HOA’s counsel. The attorney board member’s legal experience likewise aids attorney board members in helping the board understand the import and implications of legal advice received, and in the board’s adoption and implementation of appropriate actions in light of that counsel.
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