Creating your estate plan requires thinking about several aspects of your life. While many people focus on the assets they want to pass down to their loved ones, there are other considerations that you need to think about. A critical component of an estate plan is the...
Estate Planning
The benefits and drawbacks of asset liquidation during probate
Some testators know what assets they wish to leave for specific family members. Their children may have already requested certain resources or heirlooms, or testators may make choices based on meaningful memories that they share with their beneficiaries. Others don't...
Why you should consider telling people about your estate plan
What you decide to do in your estate plan is up to you, but that does not mean you should keep the details to yourself. Telling your family what you decide or consulting with them before you make it can pave the way for a smoother future. Here are some of the reasons...
What happens if someone dies intestate in Virginia?
If someone dies without a valid will (intestate), the laws of the Commonwealth of Virginia will determine the heirs and how to distribute the estate fairly. Probate can be easier when there is a will, as the court will follow the decedent's written wishes. But the set...
Who gets paid first if the estate has insufficient funds to pay all debts?
Just as no one can predict death, no deceased individual could have anticipated leaving debts that their estate’s assets would not be able to cover. As unfortunate as it is for creditors and heirs, it is only realistic for the law to have the estate pay what it can to...
How to divide family heirlooms in your will
Family heirlooms hold not just monetary value, but also sentimental worth that can bind generations together – or tear them apart, if the recipients of those heirlooms can’t agree on how such items are to be handled. Deciding how to distribute family heirlooms in your...
2 reasons to start estate planning earlier
You can draft estate planning documents at any age, provided you are above 18 years and are of sound mind. It’s a common misconception that estate planning is only for the elderly or the gravely ill. But, starting your estate plan early in adulthood can provide...
How undue influence can be grounds for a will challenge
Will challenges are unusual in Virginia probate proceedings, but they do happen sometimes. One allowed reason to claim a will submitted in the decedent's name is invalid is known as "undue influence." Like any other legal document, the party signing their will must...
What happens if you die without a will in Virginia?
Having a properly executed will can give you peace of mind in knowing that your assets will pass down to the people you love according to your wishes when you die. This estate planning document specifies how you wish to have your estate preserved, managed and...
4 estate planning documents everyone should consider
Estate planning is not just for the rich. You need an estate plan if you have investments, assets or anything of value. In addition, an estate plan is crucial if you have people who depend on you. It doesn’t matter how much you have; having an estate plan will help...