Executive Summary: Virginia law may give a surviving spouse an elective-share right even when an estate plan provides something different. For deaths on or after January 1, 2017, the calculation uses augmented estate and a marital-property percentage tied to the length of the marriage. Trusts and other non-probate transfers do not automatically avoid these rules. You signed the documents. You chose your Read More

Executive Summary: Virginia recognizes undue influence as a basis for challenging the validity of a will when improper pressure overcomes a person's free will. Helping an aging parent is not the same as manipulation, but certain warning signs may indicate a problem. Creating an estate plan early and ensuring decisions are made independently can help reduce future disputes. Helping an aging parent is a normal Read More

Executive Summary: Blended families often face unique estate planning questions involving children, stepchildren, remarriage, and future asset distribution. Trust-based planning may help protect a surviving spouse while also preserving assets for children. Because family structures and legal rights can change over time, thoughtful planning is often beneficial. Families look different today than they did a generation Read More

Executive Summary: Estate plans often include multiple backup beneficiaries in case primary beneficiaries are gone. Without clear instructions, Virginia’s intestate succession laws may determine where assets go. Some families now choose charities as final backup beneficiaries, but retirement accounts can introduce tax and distribution issues that require careful legal review. People spend a lot of time thinking Read More

Executive Summary: Choosing the right trustee is one of the most important decisions in a trust-based estate plan. The trustee is responsible for managing assets during incapacity and after death, carrying out your instructions, and keeping things moving for your family. Naming multiple people often leads to delays, higher costs, and conflict. In most cases, naming one capable trustee with backups and the right Read More

Executive Summary: Virginia’s trial courts include the General District Court, the Juvenile and Domestic Relations District Court, and the Circuit Court. General District Court handles misdemeanors, traffic cases, preliminary felony hearings, and many civil claims. Under Virginia Code § 16.1-77, General District Court has exclusive original jurisdiction over many civil claims up to $4,500 and concurrent jurisdiction Read More

Executive Summary: Under Virginia Code § 64.2-502, if no qualified person steps forward within 60 days of death, “any other person” may petition to administer an estate. While probate is supervised by the Commissioner of Accounts, this rule can create uncertainty if an estate is left unattended. A properly structured estate plan, especially one built around a funded revocable living trust, can avoid probate Read More

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