Probate and Fiduciary Counsel Practice

Virginia estate planning law firm with a difference

At Frederick J. Tansill & Associates, LLC, we have a particular way of conducting our probate and fiduciary counsel practice that we believe is different from the way many other firms and lawyers conduct similar practices. We want to be sure you know how we approach our professional responsibilities so that our experience and commitment will meet your expectations.

We have practiced under Virginia, District of Columbia, Maryland, Arizona, and Texas law, and are experienced probate lawyers in all of those jurisdictions. Our probate practice for domiciliaries of Virginia, D.C. and Maryland frequently involves us with ancillary administration proceedings in other states in which the decedent owned real estate, e.g., Florida, Delaware, North and South Carolina. We have contacts and the means to identify local counsel to assist us in these ancillary proceedings in every state as well as overseas, and we have established relationships in a number of locales.

Aspects of Probate and Trust Counsel Practice

We counsel and represent clients with respect to the following proceedings and requirements (partial listing):

Qualification of Personal Representatives of Decedent's Estate (Executors, Administrators), Trustees
Fiduciary Bonding
Proving the Will
Notice to Interested Parties
Notice to Creditors
Inventories
Accounts
Waivers and Consents to Avoid the Requirements of Inventory and Accounts
Debts and Demands Hearing
Order to Show Cause and Other Proceedings and Procedures to Relieve the Fiduciary of Personal Liability for Claims Against the Estate
Will Interpretation and Construction
Trust Interpretation and Construction
Guardianships, Conservatorships
Incapacity Proceedings
Income Tax Advice and Assistance with Income Tax Audits
Federal Estate Tax Advice and Compliance, Preparation of and Audit of the Federal Estate Tax Return
Federal Gift Tax Advice and Compliance, Preparation of and Audit of the Federal Gift Tax Return
State Estate Tax/Inheritance Tax Advice and Compliance, Preparation of and Audit of the State Estate Tax/Inheritance Tax Return
Post-Mortem Tax Planning: Evaluate and Recommend Strategy Regarding the Range of Tax Planning Opportunities and Elections, including Disclaimers (which may be partial or complete disclaimers of property held as joint tenants or as tenants by the entirety with rights of survivorship) and the establishment of Qualified Domestic Trusts (QDOTs) for surviving non-citizen spouses
Defend Claims and Suits on Behalf of the Estate or Trust or Fiduciary or Beneficiaries

Philosophy of Our Practice

Our Commitment

Although it may seem ironic, we believe that the goal of a sophisticated, modern, probate legal practice should minimize the legal complexity of the process, by avoiding probate to the extent possible by creative after death planning, by qualifying appropriate parties (including parties not named in the will) as personal representatives, by filing with the probate court waivers and consents to avoid, to the extent possible, the requirements of an inventory and accounts. Frankly, we are aware of many estates which have complied with elaborate and rigorous probate requirements which could easily have been avoided by waiver if the family of the decedent had been informed of the opportunity and how to take advantage of it, and if the attorney for the family understood the procedures and had adequately advised the family and proactively pursued the matter. In addition to economies in legal and accounting costs, avoiding probate may avoid disclosure on the public record of the nature and extent of the decedent's assets, which the decedent's family will frequently deem desirable.

As surprising as it may seem, many defective estate plans may be rectified after death by timely tax elections and procedures under state and federal law. Where the lifetime tax planning or dispositive planning has been inadequate, because there is no will, or because assets are inappropriately titled, or because wills or trusts have been improperly drafted -- even if only in hindsight-prompt and aggressive post-mortem attention and planning can sometimes cure the faulty plan and result in ideal, or at least improved, tax consequences and an appropriate dispositive plan. Effective use of such post-mortem strategies requires sophisticated familiarity with applicable state and federal tax law and thorough, diligent and creative review of the facts and options, and close cooperation between the decedent's family, the personal representative(s) and the probate lawyer.

Potentially very valuable estate assets, particularly fractional (especially non-controlling) interests in closely-held businesses and real estate and other investments, may properly be valued at steep discounts for federal estate tax purposes if the decedent's family is advised of the opportunity and suitably expert appraisers are engaged. Considering that the lowest effective federal estate tax rate is 45%, and that the undiscounted values of such interests in estates we work on are frequently worth hundreds of thousands or millions of dollars, it is nothing short of tragic for an estate to miss an opportunity to claim a legitimate valuation discount of one-third of total value or more that is frequently justified under established tax precedents.

Regrettably, disputes and conflicting claims among beneficiaries and between beneficiaries and fiduciaries are not uncommon in medium size and large estates, particularly if the decedent is survived by a spouse who is not the parent of all of the decedent's children. These disputes may revolve around such issues as the interpretation of the will or a trust, the authority of a fiduciary regarding investments or distributions, title to an asset, allocation of the income or of the estate tax burden or of the shares of the estate assets among the parties. Disputes of this type are frequently particularly difficult to resolve because of the conflicts of interest which arise from the fact that a beneficiary also serves in a fiduciary capacity. We are accustomed to counseling and representing fiduciaries in regard to the authority and responsibilities and to assisting beneficiaries to be certain that their rights and prerogatives are established and protected.

We are not afraid of "messy" assets or family situations. We are comfortable dealing with complex and sophisticated issues relating to closely-held stock, stock options and other stock rights and real estate interests of every kind. We enjoy the challenges of complexity. We have seen enough not to find any family situation unusual. We are accustomed to dealing with and conciliating family disputes and grievances. We are thorough. We are tax experts. We are aware of, and stay attuned to, the latest, most sophisticated and innovative planning techniques and recommend them where appropriate. We will help you avoid probate legal fees and minimize taxes. We listen. We return your telephone calls promptly. We try to educate our clients. We will challenge you to understand the relevant tax and state law and to work with us for an ideal administration and disposition of the estate. We will not patronize you.

As in any case where you buy goods and services, comparative shopping is wise. You naturally want the best price. To comparison shop effectively you must compare comparable services.

Our prices are fair. When, at our first meeting, you provide us with a preliminary understanding of the size and complexity of the estate and the issues confronting it, we will provide you with a preliminary estimate of our charges. These fees will be based on our best estimate of the number of hours the administration will require by which of our attorneys, staffing the matter most efficiently. We do not charge a flat fee based on an arbitrary percentage of the size of the estate, and we strongly believe such an approach is not only outdated, but inappropriate. Within 60-90 days of our involvement in a matter, we will give you an updated estimate. To the extent our fees are subject to court review and approval, we will, of course, agree to reduce our fees to the extent required in the unlikely event they are not approved in full by the court as submitted. (We have never had this experience.)

We are happy to show you how to keep our fees to an absolute minimum if personal representatives or family members are willing to do as much of the work as possible, and we will be pleased to provide instruction, supervision and review of such "do-it-yourself' efforts. On the other hand, if you want us to assume most or all of the burden of the necessary tasks, we are at your disposal. If you want us to coordinate and cooperate with other professional advisors to share the duties, we are comfortable with such teamwork. In tax compliance we generally recommend that we prepare the federal estate tax return, if one is required, and any state death tax returns, and that an accountant of your choice prepare the decedent's final income tax return and any necessary estate or trust fiduciary income tax returns.

We take responsibility for any reasonable misunderstanding between us relating to fees. Like you, we do not want any confusion or surprises with respect to your fees. It is our responsibility to give you an accurate idea at the earliest reasonable time of what our total fees will approximate. You will also receive detailed bills which describe the work we have done and the related fees. Proper estate administration and post-mortem tax planning will frequently save tens of thousands or even hundreds of thousands of dollars or more in taxes and probate legal and accounting fees, especially if savings in taxes and fees at the subsequent deaths of other family members is considered. An investment in our services may be one of the most cost effective investments you ever make.

In summary, we are highly motivated to educate ourselves about this estate or trust and all of its circumstances, to help the personal representative and/or family of the decedent become educated about the relevant local and federal tax law, and to help you evaluate and select strategies best suited to carry out the decedent's intent, minimize taxes, avoid probate fees and disclosure, and vest the assets of the decedent where they belong as cost-effectively as possible.

We were associated with Verner, Liipfert, Bernhard, McPherson and Hand, Chartered, a 170-lawyer Washington, D.C.-based law firm, for more than seven years, and through our continuing informal affiliation we are able to offer a broad array of sophisticated legal services in such areas as real estate, corporate, litigation, labor and employment, communications, energy, international, white-collar criminal, environmental and federal legislative. If appropriate expertise is not available within that firm or it is otherwise appropriate, we can refer you to other professionals we regularly work with.

Probate and Fiduciary Attorneys

Fred Tansill, Owner, received his bachelor's degree from Brown University (1970) with Honors in English and American Literature, and his law degree (1974) and masters degree in tax law (1982) from Georgetown University. From 1997–1999 he served as Co-Chair of the Estates, Trusts and Probate Law Section of the District of Columbia Bar. He was elected twice to that Section's Steering Committee by the 700-plus members of the Section. He served on the Board of Governors of the Trusts and Estates Section of the Virginia State Bar from 1988–1997 and served as its Chairman in 1991–1992. He has served on the Executive Council of the Wills, Trusts and Estates Section of the Virginia Bar Association and on its Legislative Committee, and he was formerly a member of the Executive Council of the Tax Section of the Virginia Bar Association. Fred is a Fellow of The American College of Trust and Estate Counsel (formerly known as The American College of Probate Counsel) and has served as President of the Northern Virginia Estate Planning Council (1990–1991). He is listed in the latest edition of Best Lawyers in America in Northern Virginia. In 1993–1994 he co-chaired a joint task force of the two Virginia Bar Associations studying the need for new ethical rules, laws or procedures regarding lawyers serving as fiduciaries (e.g., executors or trustees). Recommendations of that task force have been adopted by the Virginia State Bar. Fred was the 1986 Chairman of the Fairfax County Bar's Wills, Estates and Trusts Section, and he was Chairman of that Bar's Tax Section in 1987 and 1988. He is admitted to practice in Virginia and the District of Columbia, and is familiar with relevant Maryland law.

In 1999–2000 Fred was President of the Northern Virginia Community Foundation, an umbrella, grant-making public charity with 73 civic leaders serving as Board Members.

Mr. Tansill's practice focuses on (1) sophisticated tax-oriented estate planning, particularly for corporate executives, professionals, owners of closely-held businesses and high net worth individuals; (2) tax planning and tax controversies; (3) business counsel and planning; and (4) sophisticated charitable planning. He has particular expertise in international trusts and estate planning, domestic and foreign asset preservation strategies, U.S. income and transfer tax planning for resident and non-resident aliens, and ownership and management succession in closely-held businesses. Fred frequently advises and represents bank trust departments and other fiduciaries, as well as beneficiaries of estates and trusts, in fiduciary controversies. He regularly represents clients before the IRS in audit and compliance issues. He is frequently called on to speak to Bar and industry groups locally and nationally on estate, tax and closely-held business issues. In August 1999 he spoke at the American Bar Association National Convention in Atlanta.

Cynthia L. Brown, Of Counsel, is a member of the Virginia, Texas and District of Columbia Bars. She graduated Phi Beta Kappa, with high honors, from the University of Virginia in 1986 and was Order of the Coif at the University of Chicago Law School, from which she graduated in 1989. After graduating from law school, she served for a year as law clerk to the Honorable Jerry E. Smith of the U.S. Court of Appeals for the Fifth Circuit.

Prior to joining Verner Liipfert in September 1992, she practiced for two years in Houston as a trusts and estates lawyer with Fulbright & Jaworski. Cindy has particular expertise in life insurance trust arrangements, generation-skipping transfer tax planning for perpetual "dynasty" trusts, sophisticated tax-oriented estate planning strategies in general, charitable planning including charitable lead trusts and private foundations, and community property.

Brooke C. Tansill, Associate, received her B.A. degree in Government and Legal Studies and Political Science and English and American Literature from Bowdoin College in 2003, and her J.D. degree from the Sandra Day O'Connor College of Law at Arizona State University in 2008, where she was a Pedrick Scholar.

In the summer of 2007, Ms. Tansill worked as a legal extern (for which she received law school academic credit) in the Office of the Honorable Harry Mitchell, elected in 2006 by Arizona's Fifth District/Phoenix/Scottsdale/ Tempe) to serve in the U.S. House of Representatives. Previously she worked as a litigation paralegal in the Washington, D.C. office of Blank Rome LLP, a multi-practice national law firm of more than 500 attorneys. She has also worked as a summer analyst at Democracy Corps, a democratic "think-tank" founded by James Carville and Stanley Greenberg.

Ms. Tansill is admitted to practice in the District of Columbia and Arizona.

If appropriate expertise is not available within the scope of our practice, we will refer clients who require representation in the areas of real estate, corporate, litigation, labor and employment, communications, energy, international, white-collar criminal, environmental and federal legislative services to legal professionals with whom we regularly work and whom we recommend.

Contact Us

Fred Tansill: (703) 847-1359
e-mail: fred@fredtansill.com

Brooke Tansill (703) 288-0126
e-mail: brooke@fredtansill.com

Cindy Brown (703) 288-0121
e-mail: cindy@fredtansill.com

Susan McLaurin (703) 288-0119
e-mail: susan@fredtansill.com

FAX: (703) 847-1357