Death Taxes

In the recent case of Boyle v. Anderson, the Virginia Supreme Court issued what has the potential to be an influential decision about arbitration statements found in trusts.

The Story Behind the Case

Before his death, a man established an inter Vivos irrevocable trust that he intended to be divided into three portions. One third was to be given to the man’s daughter, one to his son, and one to the children of the third child. After the man’s death, his daughter became both the trust’s beneficiary and trustee. The trust included an unambiguous arbitration clause that stated any dispute that is not amicably resolved through mediation or any other method should be resolved through arbitration.

Since 2021, many conversations have been had about the Build Back Better Act, which saw several substantial tax increases. While some people have described the Act as dead, the future of the act remains uncertain.

Despite what happens to the act, its contents are subjects to which Congress is likely to respond in regards to what is referred to as “death taxes”.

A “death tax” is a type of “transfer tax” and is referred to as an estate tax. Most people are acquainted with income tax. If an individual receives a salary, the salary is taxed. If a person sells a property that has appreciated, the gain also receives what is referred to as a capital gains tax. Ordinary income tax, as well as capital gains tax, are two types of income tax.

Articles Posted in Death Taxes

Virginia Holds Arbitration Statements in Trusts Cannot Be Enforced Against Beneficiaries

Navigating Challenges Associated with Death Taxes