Alex S. Tanouye, Partner

Alex S. Tanouye, Partner

Estate Planning

Estate and Trust Litigation

Estate and Trust Administration

Premarital Agreements

atanouye@pasternakfidis.com

T 301.656.8850 Ext. 414

F 301.656.3053

7735 Old Georgetown Road
Suite 1100
Bethesda, MD 20814-6130


Education

B.A., with honors, University of Maryland

J.D., University of Maryland School of Law

Bar Admissions

Maryland

District of Columbia

Alex Tanouye is a partner concentrating on estate planning, estate and trust litigation and dispute resolution, and estate and trust administration.  He represents individuals in a wide variety of estate planning and related tax matters, including the preparation of wills, trusts, powers of attorney, and advance health care directives.

Within the firm’s Estate Planning and Administration Practice, Alex is the go-to attorney in fiduciary litigation matters, which often involve disputes over will or trust interpretation, property division and distribution, allegations of undue influence, administration fees and expenses, fiduciary duties and compensation, spousal rights or entitlements, tax apportionment, and other issues related to estates and trusts.  Alex’s substantial, hands-on estate and trust administration experience gives him a unique, insider’s perspective on such disputes, and his creative approach to problem solving often enables him to assist clients in resolving conflicts before they escalate into full-blown litigation.  When litigation is unavoidable, Alex collaborates with the firm’s trial attorneys to develop and implement strategies for achieving our clients’ objectives.

Alex also advises personal representatives and trustees in the administration of estates and trusts.  He takes great pride in the efficient, cost-effective manner in which the firm handles estate and trust administration cases, knowing that a decedent’s grieving family and friends want the process completed without undue delay and with minimal disruption to their daily lives.

The opportunity to collaborate with individuals and families of all types is the most rewarding aspect of Alex’s practice.  He truly enjoys working with clients who recognize that estate planning provides the foundation for protecting their loved ones, providing for the orderly transfer of their assets, and for ensuring the responsible use of hard-earned wealth.

Maryland Super Lawyers has recognized Alex as a “Rising Star” in the areas of estate planning and probate, as well as estate and trust litigation, for the past several years.

Since 2012, Alex has served on the Board of Directors of A Wider Circle, a local nonprofit whose mission is to help children and adults who are challenged by homelessness, poverty, and related health and social issues to lift themselves out of poverty.  He regularly volunteers as a truck driver in A Wider Circle’s Neighbor-to-Neighbor program. He is also a volunteer assistant coach for his son Otis’s youth wrestling team – B-CC Blue.

A lifelong resident of Montgomery County, Alex graduated from Georgetown Preparatory School in Rockville.  He served in the U.S. Army Reserve from 1994 through 2002 and ultimately attained the rank of Sergeant (E-5) before being honorably discharged.  He received his B.A., with honors, from the University of Maryland, where he was elected to membership in Phi Beta Kappa and received a Department of Government and Politics Award for Academic Excellence.  He received his J.D. from the University of Maryland School of Law.

Alex, his wife, Daphne, their sons, Otis and August, and their two rescued dogs (Bessie Smith and Johnny Cash), live in Chevy Chase, Maryland.  Alex has been an avid guitarist for almost 30 years and he favors Martin acoustic guitars, Fender Telecasters, and tube amplifiers.  His musical interests include bluegrass, acoustic and electric blues, 60s-era R&B, and other roots-based American music.

Presentations

  • Maryland’s Spousal Elective Share: What’s In, What’s Out, What’s Next? Maryland State Bar Association’s Estate & Trusts Section, Potomac, MD
  • “Highlights from Heckerling 2016,” Montgomery County Bar Association
  • “Review of 2015 Heckerling Institute,” Montgomery County Bar, Estates & Trusts Section, Potomac, MD
  • “The Probate Process from Start to Finish,” National Business Institute, Gaithersburg, MD
  • “Estate Planning for Unusual (and Illegal!) Assets,” District of Columbia Bar, Estate Planning Committee of the Taxation Section, Washington, D.C.

Recognition

  • Super Lawyers – Rising Star – Estate Planning & Probate (Maryland 2016)
  • Super Lawyers – Rising Stars – Estate & Trust Litigation (Maryland 2016)

Books

Publications

  • Linda J. Ravdin, The Uniform Premarital and Marital Agreements Act: Overview and Background, in Drafting Prenuptial Agreements, Part XI (Gary N. Skoloff et al. eds., 2017)
  • “Premarital and Marital Agreements and the Migratory (Same-Sex) Couple,” Family Advocate, Spring 2016
  • “Community Foundation Donor-Advised Funds: Efficient and Effective Charitable Giving,” Maryland Bar Journal
  • “Practical Drafting Under the Uniform Trust Code,” Wealth Strategies Journal
  • Anne W. Coventry and Linda J. Ravdin, “Premarital Agreements & Trusts,” Family Advocate, Fall 2015
  • “What Family Lawyers Need to Know About the ‘New’ Phased Retirement for Federal Government Employees,” Maryland Family Law Advocate, April 2015
  • “Premarital Agreements and the Migratory Same-Sex Couple,” Family Law Quarterly, Fall 2014
  • “Factor Premarital Agreements and Divorce Into Estate Plans,” Estate Planning Journal (WG&L), July 2014
  • “The Uniform Premarital and Marital Agreements Act,” American Journal of Family Law, Spring 2014
  • “Divorce May Be Hazardous to Your Health: Health Care Issues Affecting Divorcing Spouses,” Family Law News, Maryland State Bar Association, December 2013
  • “Planning, Admin. in a Digital World,” The Maryland Bar Bulletin, September 2013
  • Co-author of Family Law Jurisdictional Comparisons, 2d (Maryland/Washington, DC chapter), European Lawyer/Thomson Reuters
  • “Web of Estate Planning Considerations for Digital Assets,” Estate Planning Journal, May 2013
  • “The New Uniform Premarital and Marital Agreements Act,” Bar Bulletin, Maryland State Bar Association, Inc., September 2012
  • “Premarital Agreements and the Young Couple,” American Journal of Family Law, Summer 2012
  • “Estate Planning in a Digital World,” Wealth Strategies Journal, June 20, 2012
  • “Making Pension Promises in a Prenup: The Impact of ERISA,” Family Advocate Winter 2011
  • “Premarital Agreements: Validity Is Not Enough,” Wealth Strategies Journal Online July 2011
  • “Interlocutory Appeals in Family Law Cases,” Family Law News, Maryland State Bar Association, July 2011
  • “Marital Agreements in Maryland,” Family Law News, Section of Family & Juvenile Law, Maryland State Bar Association, 2011
  • “FAQ about Premarital Agreements,” May 2011
  • “FAQ about Rights of Domestic Partners,” April 2011
  • “FAQ about Postnuptial Agreements,” Lawhelp.org/DC, March 2011
  • “The Collaborative Divorce Option in a Nutshell,” The Maryland Bar Bulletin, November 1, 2010
  • “Divorce Gets Even Hairier: Pets and Marital Dissolution,” Family Law News, Maryland State Bar Association, May 1, 2008
  • “Settlement of Spousal Support Claims When the Payor Is Approaching Retirement,” American Journal of Family Law, Spring 2008
  • “Making Premarital Agreements Litigation Proof,” 2008 Family Law Update, Aspen Publishers
  • “Beyond Traditional: Domestic Partners Can Use Trusts to Fulfill Their Estate-Planning Needs,” Legal Times
  • “No News Is Good News: Validity of Premarital Agreements and Cannon v. Cannon,” Family Law News, Section of Family & Juvenile Law, Maryland State Bar Association, Inc., March 2005
  • “Alimony Drafting Tips,” Family Advocate, Spring 2003
  • Editor, District of Columbia Developments, Washington, DC Estate Planning Council Newsletter, 1995–2003
  • “Prenups to Protect Children,” Family Advocate, Winter 2002
  • “Thirty-Three Ways to Commit Malpractice with Private Retirement Benefits in Divorce,” Co-author, Journal of Asset Protection, May/June 1999
  • “Case Note: Krebs v. Krebs,” Family Law News, Maryland State Bar Association, February 2009

Blog Posts

November 21, 2016

Update on Maryland’s Spousal Elective Share

Partner Alex Tanouye recently presented to attorneys in the Maryland State Bar Association’s Estate and Gift Tax Study Group. Alex’s presentation – entitled “Maryland’s Spousal Elective Share: What’s In, What’s Out, What’s Next?” – took place in Potomac and was televised via simulcast in Baltimore.

May 11, 2016

The PRINCE Act and “Name and Likeness” Rights: Sword and Shield?

Lawmakers in Minnesota are acting quickly to pass the PRINCE Act, which is intended to protect one’s – specifically, Prince’s – name, voice, and likeness from unauthorized use for a 50-year period after death.  The law is aimed at protecting Prince’s legacy and the right of his estate to control future marketing of and revenues from his music and other artistic media.  This pending Minnesota legislation is discussed here:  http://blogs.mprnews.org/capitol-view/2016/05/legislature-hurries-to-aid-prince-heirs/.

Interestingly, the IRS and the Estate of Michael Jackson are in the early stages of high-stakes estate tax litigation, and the IRS appears to be basing its case on the value of Jackson’s “name and likeness” property rights under California law at the time of Jackson’s death in 2009.  This April 2016 article from Billboard… MORE >

February 12, 2016

Enforcing Death Provisions in Premarital and Postmarital Agreements

A premarital agreement is a contract between prospective spouses that defines each spouse’s property rights and obligations in the event of death or dissolution.  A postmarital agreement is a contract between spouses who have no immediate plans to divorce and can do the same things that a premarital agreement can do.  Some agreements require a party to make specific provisions for a surviving spouse, such as a cash bequest, transfer of an asset, such as a home, or a portion of the deceased spouse’s estate.  When a deceased spouse is obligated to make provisions for a surviving spouse, and fails to do so, the surviving spouse must take legal action to enforce the contract.

How Assets Pass to Surviving Spouses at Death

A decedent’s property… MORE >