Frequently Asked Questions

If you become disabled, and you cannot handle your affairs due to mental or physical incapacity, a Commonwealth of Virginia circuit court must appoint someone to sign for you (unless you have a durable power of attorney). The court will supervise and control how your assets are used for your care through a conservatorship or guardianship. This process can become expensive, taxing on your loved ones, and time-consuming. Guardianship and/or conservatorship can be difficult to end even if you recover. 

Wills are needed by everyone, not just the wealthy. When one dies intestate (without a valid will), then the laws of the Commonwealth of Virginia, in effect at the time of death, determine who the heirs are and hence who receives the decedent's property. 

No. A will's function is to direct how your assets (titled in your name) or assets that haven't been designated to a beneficiary, will be distributed. The assets must still go through the Commonwealth of Virginia circuit court in the county or city where the decedent resided at the time of death. If you own property (usually real estate) in multiple jurisdictions, multiple probates may be necessary in the respective jurisdictions, and in accordance to the laws of that state. Probate proceedings are generally public, allowing creditors and any excluded heirs to be notified so they may file for payment of any debt or to gain a share of your assets. Anyone can access all of the documents your executor or personal representative files on behalf of your estate.

You certainly can, although it's not advisable. During difficult financial times, we all seek the best deals and adopt a DIY mindset to save money. I get it. In the age of fast, DIY, internet will drafting, it's certainly tempting. It is important to recognize that estate planning can be complex. Saving money now, can cost your loved ones more later. An improperly drafted estate plan, trust, or will, may have unintended consequences on the distribution of your assets--contrary to your desires.  An attorney who specializes in estate planning can offer you piece of mind and provide you with the guidance necessary to meet your objectives.

Over the last decade, online legal services have become increasingly popular. These online legal service companies seek to provide customers with an alternative to traditional lawyers. Online legal service providers often promote their ease of use. Customers only need to enter some information into an online form and pay, and the company will do the rest.

Online legal service companies often promote low prices and quick turnaround time for business formations, wills, trusts, and contracts. While online legal services might seem appealing, they are often not the best choice for clients who need estate planning documents and the peace of mind that if they have questions, they can always reach out and speak with the same attorney.

While online legal services can provide you with quick, basic wills, they cannot provide the in-depth and comprehensive estate planning that you need. Using online legal service companies to prepare your will or trust has serious negative disadvantages. These online companies cannot ask you the pertinent questions that will help you create an estate plan tailored to achieve your specific goals. 

While online legal services can provide you with quick, basic wills, they cannot provide the in-depth and comprehensive estate planning that you need and deserve. Using online legal service companies to prepare your will or trust has serious negative disadvantages. These  companies cannot ask you the personal and pertinent questions that will help you create an estate plan tailored to achieve your specific goals. 

Moreover, they're not attorneys! Online legal companies openly state that they are not attorneys and are not providing you with legal advice. These companies always recommend speaking with a licensed attorney when their customers have legal questions about their estates. Wills, Trusts, a Power of Attorney, Estate Planning--ALL are legal documents requiring answers from legal professionals. Some online legal service companies provide a network of attorneys with whom you can speak to, however you may have to pay extra to talk with one of these lawyers. You will not develop a meaningful relationship with these attorneys, and you will have minimal time with the attorney. These phone meetings are rushed, and they are often with a different lawyer each time.

When you pay to have an online legal company prepare your documents, it is up to you to make sure they execute your will or trust properly. In many cases, their clients have to get their revocable trusts, or wills fixed by an attorney, because the documents not been signed or witnessed correctly. 

Because a lawyer is not preparing your estate planning document, you will not know for sure whether you’ve executed your document to make it legally enforceable in Virginia. You do not want your family to be surprised when they submit your will to the probate court only to find out that the will is not legally enforceable. 

When online legal services do not draft wills and trusts properly, an expensive legal battle could happen. A will created by a form might not include critical clauses that you need to make sure your property becomes distributed according to your wishes. 

When an attorney doesn’t review your online legal document, the beneficiaries of your will might need to become involved in a prolonged legal battle. Some of your beneficiaries might contend that the probate court should recognize your will. Other heirs of your estate could challenge the will and claim that the court should distribute your wealth according to Virginia’s intestate laws. 

One of the critical and essential skills of an estate planning lawyer is to ask clients important questions and listen, to get to the bottom of their clients’ needs and goals. Forms for wills and trust cannot ask thoughtful personal or probing questions necessary for creating a thorough estate plan. They can’t ask questions like whether or not your child has a disability and needs special consideration when it comes to receiving benefits. They can't ask you whether you would like to leave your children equal amounts of property. They won’t ask you whether you would like to deduct the amount of a loan you made from your firstborn child from his share of the estate. They also won’t ask you whether you’d like to create a trust for your underage child after you pass away. It would be best if you had a lawyer who will take the time to listen to your needs and ask you the kinds of questions that will help them craft a comprehensive estate plan that matches your intentions.

No software can replace an attorney who is dedicated to this area of law. I don’t just ask you to fill out a comprehensive form; I take the time to understand your whole financial situation and your wishes. I do not have a need to rush you--this is one of the most important decisions you will make. Instead, I listen to your concerns, needs, and goals for the future. Then we do it right...the first time.

Unlike the single document from a legal services company that may or not be legally enforceable, with me, you will have the peace of mind that you will have a plan that is complete and enforceable. We will meet periodically and ensure that your wishes remain the same--I will ALWAYS be in your corner to help you achieve your desired goals. 

Comfort. Flexibility. Efficiency. 

Your entire estate planning process can be done from the comfort of your own home using my virtual estate planning process. The virtual estate planning process mirrors the traditional estate planning process you would have in a physical office, with the added convenience of not having to travel to implement your comprehensive estate plan.

I am fluent in the technology and protocols necessary to ensure a seamless virtual estate planning experience. I achieve this by conducting all virtual estate planning meetings via Microsoft Teams. I deliver your draft estate planning documents electronically within three weeks of receipt of your completed questionnaire.  At our next virtual meeting, we use Team's screen sharing functionality to review the documents in the same manner we would in person. Execution is then handled on a case-by-case basis depending on your preferences: I can deliver (or mail) the full suite of documents to your home for you to execute in front of a notary nearest to you, or we can work together to arrange for alternative execution accommodations at a location of your choosing in Northern Virginia.

The virtual estate planning process is largely identical to an in-person estate planning process. I achieve this by conducting all virtual estate planning meetings via Teams, beginning with your initial consultation. After that initial meeting, I will securely deliver your estate planning documents to you electronically. At our next virtual meeting, we use Teams' screen sharing functionality to walk you through the documents in the same manner we would in person. 

I prepare your documents. Estate planning is a very personal process that requires open communication between attorney and client. In order to build and maintain this trust during the virtual estate planning process, all clients are invited to participate in their estate planning meetings via a Teams videoconference. This allows me to speak to you face-to-face, and it provides an opportunity for seamless document review via Teams' screen sharing.

Teams is a free and easy to use tool that is accessible from your computer or smartphone. When you schedule a meeting with me, I will send you a link directing you to install Teams on your device. If you have any questions, I'm ready to assist – just give me a call or send me an email.

I understand that it can be difficult to process information received electronically. Although I can display and review all of the documents via Teams screen sharing, many clients prefer to print the documents to refer to them during our meeting. In the event you do not have a printer at home but would like to review hard copies, I'm happy to arrange to have the documents delivered to your home.

The sooner the better. Mortality or disability is a difficult topic for many people to think of, or discuss. This is exactly why so many families are caught off-guard when their loved ones pass, or becomes incapacitated. If your desires for asset distribution change, you can always change your will or revocable trust after you make it. This is exactly how estate planning should be done.

There are many benefits associated with get your estate plan done now. Peace of mind, organization, and correcting any errors in documents or policies. Estate planning now, allows you to gather all the necessary documents into one location to make it easier for your loved ones. It allows you to review documents, financial statements, and policies to ensure that you have listed your intended beneficiaries--and if not, correct them to reflect your wishes. Most do not give much thought to who their beneficiaries are, or forget to change them when circumstances change. Beneficiary designations can often be out dated or invalid. Although you have good intentions, an innocent error may create significant problems or tax burdens for your at your incapacity or death. Correcting those mistakes now can save time, attorney's fees, and taxes for your beneficiaries later.

There are many benefits associated with establishing a revocable living trust (combined with a pour-over will). Establishing (and funding) a revocable trust can avoid probate at death. It can prevent a Commonwealth of Virginia circuit court from establishing and having control of your assets if you become incapacitated. It brings all of your assets neatly into one plan, not only providing piece of mind but increased privacy compared to probate. A revocable trust is--revocable. You can make changes to it, if or when circumstances change. 

A pour-over will often serves as a safety mechanism, should you have assets not funded into your trust during your lifetime. The pour-over will directs those assets to be "poured" over into the trust, upon your death