Executive Summary:  The Excessive Fines Clause of the Eighth Amendment protects against financial penalties that are too harsh for the crime. In Virginia and across the U.S., courts and police agencies often impose heavy fines and property seizures, sometimes far out of proportion to the offense. Understanding your rights and pushing back when the punishment doesn’t match the crime is key to protecting your property Read More

Summary: Virginia law requires parents with custody orders to give 30 days’ written notice to the court and other parent before moving. As the adult, you are not prohibited from moving, but the Court does have authority to decide whether your child can move with you. Courts won’t automatically approve relocation of the child, especially if it negatively affects the other parent’s time with the child. Any proposed Read More

  Executive Summary: Estate plans should be reviewed at least every 2-3 years, or after major life events such as marriage, divorce, birth, death, or significant financial changes. Keeping your plan updated ensures that your wishes are honored, your family is protected, and costly court issues are avoided. Virginia-specific updates and legal changes make it even more important to stay current. It’s easy to forget Read More

  Executive Summary: Virginia’s 2025 child support reform, under SB 805, raises the monthly income threshold from $35,000 to $42,500, accounts for the increased price of child care and health care, and mandates the Child Support Guidelines Review Panel review how the Department of Child Support Enforcement is handling arrearages. These changes aim to make child support more fair and responsive, but existing Read More

  When a child receives money or property in Virginia, whether from a life insurance policy, inheritance, or other assets, it doesn’t just go to the parents. Even if the parents are living and involved, Virginia law treats a minor’s estate separately. That can lead to a long, expensive process if no estate plan is in place. In these cases, the court doesn’t assume that a parent can automatically manage the money. Read More

  Estate planning isn’t just a one-time task. Families change, laws shift, and what once worked may no longer make sense. When that happens, one option is to decant a trust. This legal process lets you move assets from an old trust into a new one with better terms without having to go to court or start over. Decanting is allowed in Virginia and can be a smart way to fix an irrevocable trust that no longer protects Read More

  New estate laws went into effect in Virginia on July 1, 2025, and they matter now, whether you’re reviewing old documents or drafting a brand-new plan. These changes offer more protection for families, boost home allowances, and align with sweeping federal shifts. Let’s walk through what’s changed and why it affects you. Bigger Allowances for Families and Property Family Allowance (VA Code § 64.2-309) This Read More

  If you think a trustee is mismanaging trust funds, it’s hard to know what to do next. You may feel stuck between wanting to protect what’s yours and not wanting to create more family tension. But doing nothing can lead to more significant problems. Trusts are supposed to follow explicit rules. If the trustee isn’t doing their job, you have options—but acting carefully is essential. The downside to taking action is Read More