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Yama Shansab
Reston, Virginia
Yama Shansab is a lawyer in Reston, Virginia.
Interests: Fiduciary litigation, Business litigation, Estate & Trusts
Recent Activity
MISUNDERSTANDING THE OFFICE OF THE COMMISSIONER OF ACCOUNTS
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Misunderstanding the Office of Commissioners of Accounts Continue reading
Posted Dec 7, 2020 at Virginia Fiduciary Law Blog
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SUPERMAJORITY SHAREHOLDER VOTING REQUIREMENTS: A TECHNICALITY OR A SAFEGUARD FOR THE MINORITY?
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Can a corporation in Virginia define its way out of the supermajority voting requirements that apply to a sale of its business? Continue reading
Posted Jan 21, 2019 at Virginia Fiduciary Law Blog
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PITFALLS IN LETTING “THE STATE” WRITE YOUR WILL: MINDING THE SEPARATE MOIETIES IN CASES OF INTESTACY
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Pitfalls Can Abound if You Fail to Make a Will and Rely on the Intestacy Statute Continue reading
Posted Jan 15, 2018 at Virginia Fiduciary Law Blog
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POWERS OF ATTORNEY: CHANGING A PRINCIPAL'S ESTATE DOCUMENTS
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Can an agent change a principal's estate plan? Continue reading
Posted Feb 12, 2017 at Virginia Fiduciary Law Blog
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AT-WILL EMPLOYMENT: TAKING THE TIMING OUT OF TERMINATION
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Is no prior notice reasonable notice of termination from an at-will job in Virginia? Continue reading
Posted Jul 31, 2016 at Virginia Fiduciary Law Blog
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SEVEN DEADLY SINS IN ESTATE PLANNING: A LITIGATION RISK ASSESSMENT
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Are there tell-tale risk factors in predicting the chances of later estate or trust litigation? Continue reading
Posted Dec 29, 2015 at Virginia Fiduciary Law Blog
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PROBATING A LOST WILL: NOT AN EXISTENTIAL QUANDARY AFTER ALL
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Proving a lost will - can it be "lost" if you have to know what actually happened to it? Continue reading
Posted Jul 7, 2015 at Virginia Fiduciary Law Blog
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EQUALITY VS. IMPARTIALITY: A ZERO-SUM CHOICE FOR FIDUCIARIES?
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Must a trustee or executor treat every beneficiary "equally"? Continue reading
Posted Nov 13, 2014 at Virginia Fiduciary Law Blog
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LITIGATING TRANSFER ON DEATH DEEDS: IS THE DISCOVERY RULE DEAD?
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Will transfer on death deeds require a reevaluation of the statute of limitation applicable in cases of fraud? Continue reading
Posted Jun 17, 2014 at Virginia Fiduciary Law Blog
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THE DEMURRER: PLEADINGS OR PROOF?
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Has the Virginia Supreme Court provided employers a fast track to take employees to trial in non-competition and non-solicitation covenant cases? Continue reading
Posted Dec 4, 2013 at Virginia Fiduciary Law Blog
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JUDICIAL EXPANSION OF A TORT'S ZONE OF DANGER: AN EMPLOYEE DUTY FOR WRONGFUL DISCHARGE
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Supervisory employees may face a new form of liability for wrongful discharge of an employee. Continue reading
Posted Feb 26, 2013 at Virginia Fiduciary Law Blog
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LITIGATING POWERS OF ATTORNEY: AN OUNCE OF PREVENTION
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Establishing a power of attorney warrants special care. Litigation is on the rise when it comes to agents and their actions under powers of attorney. Continue reading
Posted Jan 27, 2013 at Virginia Fiduciary Law Blog
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SHORT-CHANGING A SURVIVING SPOUSE? THINK AGAIN….
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Disinheriting a surviving spouse is harder than it may seem.... Continue reading
Posted Oct 28, 2012 at Virginia Fiduciary Law Blog
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QUALIFYING AS EXECUTOR OR ADMINISTRATOR OF AN ESTATE?
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Qualifying as executor or administrator of an estate in Virginia requires thought and planning. The probate process can be complex. The administration of an estate imposes obligations that are worth considering before assuming the legal responsibilities that come with being an estate's personal representative. Continue reading
Posted Mar 12, 2012 at Virginia Fiduciary Law Blog
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STARE DECISIS OR A "RESTRICTED RAILROAD TICKET”?
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Claims by employers against former employees, managers, or officers for breach of fiduciary duties abound. Frequently, in the case of employers who have implemented noncompetition agreements, also known as restrictive employment covenants, one or more claims against a former employee are based upon the terms of a “noncompete.” A recent... Continue reading
Posted Jan 2, 2012 at Virginia Fiduciary Law Blog
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INCAPACITY AND CONSERVATORSHIP: BARS TO MAKING A WILL?
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The Supreme Court of Virginia recently took up the appeal of a son, David, who challenged the testamentary capacity of his father, Eugene, to make a 2002 will. Eugene had been found in need of a conservator in three different states, including Virginia, since Eugene suffered a head and spinal... Continue reading
Posted Jul 24, 2011 at Virginia Fiduciary Law Blog
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COURT CONTINUES REVIEW OF ESTATE DISPUTES
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In 2010, the Virginia Supreme Court issued no fewer than 10 opinions bearing on the laws affecting fiduciaries, executors, trustees, and the estates of decedents. Yet as civil litigators in Virginia are apt to remind clients (and potential clients) exploring an appeal, being granted an appeal in a civil case... Continue reading
Posted Apr 4, 2011 at Virginia Fiduciary Law Blog
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TACKLING THE UNIFORM TRUST CODE IN COURT
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Provisions in the Uniform Trust Code (“UTC”), adopted in a growing number of states, explicitly contemplate a modification or termination of a trust under circumstances not anticipated by the settlor. These provisions hold the potential to prevent or resolve trust litigation, particularly if all parties can concur on a desired... Continue reading
Posted Feb 15, 2011 at Virginia Fiduciary Law Blog
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IN ESTATE LITIGATION, WHAT'S OLD IS NEW AGAIN
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Picture your client: the executor of an estate. She wants to know from you whether and how to pay a mortgage that encumbered the decedent’s real estate. The decedent was the sole party liable on the loan, which was secured by the real estate in question. Your trouble, and the... Continue reading
Posted Jan 1, 2011 at Virginia Fiduciary Law Blog
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Yama Shansab has shared their blog Virginia Fiduciary Law Blog
Jan 1, 2011
FIDUCIARY DUTY CLAIMS: PLEADINGS COUNT AT TRIAL
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Small business litigation presents a variety of challenges, particularly when a claim for breach of fiduciary duties is involved. To the litigants, the stakes are high—and the desire to pursue their claims often motivated by the business duress suffered at the hands of former partners. In Syed v. ZH Technologies,... Continue reading
Posted Dec 14, 2010 at Virginia Fiduciary Law Blog
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PERILS IN VIRGINIA ESTATE LITIGATION - Part IV
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Suing the Estate's Lawyer.... The final installment of our four-part series of posts on standing and proper parties in fiduciary litigation may (pleasantly) surprise even veteran probate lawyers. In Johnson v. Hart, another 2010 opinion of the Virginia Supreme Court, the question posed was whether “a sole testamentary beneficiary, in... Continue reading
Posted Nov 28, 2010 at Virginia Fiduciary Law Blog
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PERILS IN VIRGINIA ESTATE LITIGATION - Part III
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May the Administrator Appeal pro se? The third of the Virginia Supreme Court's recent opinions in our four-part installment also turned on standing or, more accurately, lack of standing. In Hawthorne v. VanMarter, the decedent’s administrator was represented as a plaintiff by licensed counsel in the trial court on a... Continue reading
Posted Nov 18, 2010 at Virginia Fiduciary Law Blog
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PERILS IN VIRGINIA ESTATE LITIGATION - Part II
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Thinking Before Qualifying as Administrator In Part I of our four-post series on the perils in Virginia estate litigation, we discussed a recent Virginia Supreme Court opinion on proper parties. In that case, naming the "Estate" as the defendant proved fatal to the plaintiff's claims. In Part II of our... Continue reading
Posted Nov 11, 2010 at Virginia Fiduciary Law Blog
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PERILS IN VIRGINIA ESTATE LITIGATION - PART I
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“MEASURING TWICE” BEFORE FILING SUIT In 2010, the Virginia Supreme Court has published numerous opinions implicating the laws governing fiduciaries, wills, or trusts. Four of these decisions are particularly instructive about two continuing perils: standing and proper parties. Here is a little teaser: have you, as counsel of record, or... Continue reading
Posted Nov 4, 2010 at Virginia Fiduciary Law Blog
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