Category: Family Law 

Massachusetts Announces Limited Tax Amnesty
by Stephanie Lipinski Galland, Sonia Shaikh on September 24, 2024
The Commonwealth of Massachusetts will offer a limited tax amnesty for certain “eligible taxpayers” from Nov. 1 through Dec. 30. “Eligible taxpayers” can forward and bring their tax liabilities up to date and receive a penalty abatement. This group includes businesses, individuals, trusts and estates. Taxpayers that are currently in resolution with the Massachusetts Department of Revenue have pending cases or open collection cases will qualify for amnesty along with taxpayers that have unfiled returns or underreported returns.  Amnesty claims must be
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Supreme Court Case Adversely Impacts Parties to Buy-Sell Arrangements
by Kimberly F. Gilreath on July 09, 2024
In a unanimous decision, the Supreme Court of the United States recently determined in Connelly v. U.S. that the value of a life insurance policy must be included in the fair market value of a closely held business for purposes of determining the value of a decedent’s interest. Further, the Court stated that any contractual obligation of the business to re-purchase a decedent’s interest does not create an offsetting liability to a life insurance policy. This decision is significant for
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Maryland Senate Passes Bill Enhancing Protections for Child Abuse Victims
April 03, 2023
(UPDATE, April 11: Senate Bill 686 was approved in both chambers and awaits the signature of Maryland Gov. Wes Moore before becoming law.) The Maryland Senate recently passed Senate Bill 686, also known as “The Child Victims Act of 2023,” which, if enacted, would erase the time limit for childhood sexual abuse survivors to file civil lawsuits. Under Maryland’s current law, there is no statute of limitations on criminal charges of child sex abuse but, since 2017, survivors of child sex
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Virginia Begins Requiring Electronic Payment for Certain Individual Taxpayers
by Sonia Shaikh on July 21, 2022
A recent change in Virginia law may impact many individual taxpayers. Effective for taxable years beginning on or after January 1, 2022, individual taxpayers who make estimated income tax payments must submit all payments electronically if: Any estimated tax payment exceeds $1,500; Any extension payment exceeds $1,500; or The total anticipated income tax liability in any taxable year exceeds $6,000. These requirements apply to all payments, including any payments for estimated taxes, extension payments, and any other amounts related to an individual return, made
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IRS Extends Tax Deadlines Related to Individuals, Trusts, Estates, Partnerships and Corporations
by Meg E. Manchester on April 13, 2020
On April 9, 2020, the IRS issued Notice 2020-23 (the “Notice”), which extends more tax deadlines to cover individuals, estates, corporations and others. The notice expands upon tax relief granted in prior IRS notices that postponed certain tax filing and payment deadlines until July 15, 2020. The Notice provides extensions for a variety of tax form filings and payment obligations that are due between April 1, 2020, and July 15, 2020, including estimated tax payments due June 15 and the
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COVID-19: Divorce, Custody and Other Family Law Emergencies
by Stephen J. Cullen, Kelly A. Powers on March 18, 2020
In the sudden wake of COVID-19, courts across the United States and Europe are closing. Courts have taken steps to prevent the spread of the virus through closing to the public, postponing matters and extending deadlines. But important family and private client needs like divorce, division of and access to family assets, child custody disputes, child abductions, guardianships, emergency support, and domestic violence do not stop now. Even though courts, schools and many businesses are closed, family law emergencies continue—and
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Does the 1980 Hague Abduction Convention Apply to Separated & Detained Children in the USA?
by Stephen J. Cullen, Kelly A. Powers on June 25, 2018
If the parents have been deported and the 2,000 separated children are still in confinement in the United States, the crucial question is how to get them reunited with their parents very quickly. The 1980 Hague Abduction Convention is a potential mechanism to get separated children out of detention and home. The 1980 Hague Abduction Convention requires that wrongfully retained children must be returned forthwith to their habitual residence. So, by way of example, if Guatemalan parents have been deported to their home
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The Estate Tax is Dead - Long Live the Repeal?
November 10, 2017
On November 2, 2017, a bill called the “Tax Cuts and Jobs Act” was introduced to the United States House of Representatives. The bill seeks to simplify and reduce taxation for both individuals and businesses. Of interest to Estate Planners and our clients are the provisions relating to Federal estate, gift and generation skipping taxes. Here is a re-cap of current legislation and the possible future for Maryland residents: Federal and State laws currently impose taxes on transfers from an estate
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Pavan v Smith: Supreme Court Prevents Attempts of States to Undermine Rights of Married Same Sex Couples
August 08, 2017
The Supreme Court case Pavan v. Smith, 582 U.S.____ (2017), in a per curiam opinion on June 26, 2017, strengthened the rights protected in Obergefell v. Hodges, 576 U.S. ___ (2015). The decision confronted an attempt by the State of Arkansas to undermine the rights and privileges extended to same-sex married couples through the legal recognition of the parentage. The case concerns Arkansas laws governing the issuance of birth certificates. Arkansas allows male spouses in heterosexual marriages to be placed on birth certificates
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First Impressions of a Busy Family Law Practice
June 26, 2017
Every year law students flock to summer positions at law firms to gain the experience they need to sort through their interests in different areas of law and to get a taste of the lives of practicing attorneys. The following are my first impressions after a month spent with a busy family law practice. A.    The essentials of a busy family law practice include: Kindness— being kind is the only approach to take in this area of law. Lawyers who practice family
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No Will? No will. Avoiding the Default Estate Plan
June 21, 2017
Many of us take our civil rights for granted. It is only when they are threatened, do we take notice and then action (well, maybe). While all rights are not created equal, when we have the ability to control certain aspects of our life, it behooves us to do so. So here is your call to arms to take advantage of your right to control the disposition of your estate when you die or face the ramifications of failing to
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Divorce Litigation and Why to Avoid It
by Stephen J. Cullen, Kelly A. Powers on June 08, 2017
There are three ways to get divorced—two of them should be avoided if possible—accepting, of course, that there are some spouses who insist on litigation and a trial. Any experienced family lawyer will ask you at the outset if you would agree to resolve your divorce by way of an agreement. You can agree on everything in such an agreement: custody, child support, alimony, division of marital property. Then, when the requisite time of separation has passed, you proceed to a
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