Do I need a will, a living revocable trust or both?

A common question in an estate initial consultation is whether or not the client needs a will, a living revocable trust or both.  As with all legal issues, the response is - it depends. A will is a … [Read more...]

Probate in Virginia. What are the first steps?

The internet often seems to be full of misinformation regarding the probate process. Even a cursory google search of probate leads to an overwhelming amount of articles beguiling the probate process. … [Read more...]

Where should you probate a will?

A loved one has passed and you are listed as the Executor.  You know that the next step is to go to a Circuit Court and open probate, but which one? Generally in Virginia, a will should be … [Read more...]

Virginia Small Estate Affidavit: Sometimes probate isn’t necessary.

It is not rare for us to have our estate clients ask us how they can avoid probate. During the estate planning process we discuss the pros and cons and options that are available to them. Once … [Read more...]

The importance of a will. Yes, you need one.

As lawyers, we often find ourselves being asked legal questions outside of office hours.  A common question we receive is, "I don't really need a will, do I?".  The short answer to that question is … [Read more...]

What is a power of attorney?

The power of attorney is a legal document in which one person (the principal) appoints another person (the attorney-in-fact) to make personal and/or financial decisions on behalf of the principal. The … [Read more...]

Virginia and Digital Assets: Our own Uniform Fiduciary Access to Digital Assets Act

As anyone that has been a fiduciary can tell you, getting into a principal's digital assets (whether it be email, accounts, or social media platforms) can at times be a challenge.  For Virginia … [Read more...]

What is the Difference Between a Guardian and Conservator?

There are times when a child or an adult with diminished capacity will need a guardian and/or conservator appointed because he or she lacks the physical and/or mental capacity to care for themselves. … [Read more...]

Estate Planning and Trusts: Do you need a trust?

If you have minor children, loved ones with diminished capacity, a substantial amount of assets, or have very specific instructions for how, when and to whom you want your estate to be distributed … [Read more...]

Considerations Regarding Aging and Estate Plans

Spending the later years of life in a nursing home or other long-term care facility seems like a distant possibility to most Americans, but with two-thirds of elderly Americans needing long-term care, … [Read more...]