Estate Planning And Administration

You have spent most of your life establishing a home and providing for your loved ones. You wish now to think about what happens to those persons close to you when you pass. We often hear of friends or other family members passing without having taken steps to prepare.

We hear of the problems occurring when a friend or family member passes and various problems occur including complicated probate, issues concerning responsibility for debts, questions about the disposition of the marital home and others.

At The Manassas Law Group our estate planning and administration attorney, Richard H. Boatwright is committed to providing you with the representation you need to meet your goals and protect those who are close to you.

Building your estate plan begins by speaking with a lawyer about your goals priorities and concerns. Call our firm at 703 659-0484 to arrange a confidential consultation

Estate Planning Strategies – Wills and Trusts

There are a number of ways that you can leave your property to your loved ones when after your die. The laws of the state of Virginia offer the opportunity to accomplish your goals in such ways that substantial time and money can be saved for both you and your loved ones if the proper steps are taken.

Richard Boatwright of The Manassas Law Group can assist you in identifying your goals and then devising the best methods for achieving your objectives.

Your Will is your most basic estate planning tool. It is important to understand which of your items of property will transfer according to your Will and which may transfer based upon how it is titled or whether it has been previously designated to a survivor. Good estate planning coordinates your Will with how your property is presently owned or titled

Trusts, including Revocable Living Trusts and Special Needs Trusts may under some circumstances be needed to achieve your estate planning goals such as avoiding probate, planning for incapacity and protecting the assets of younger beneficiaries.

Probate

Probate is the system of court proceedings by which the estate of an decedent is processed and distributed. It usually includes the admission of the will, or if there is no will the designation of heirs according to the principles of intestate succession. A personal representative is appointed by the court and is thereby given the authority pursuant to terms of the will to collect and inventory the assets of the decedent , liquidate them if necessary , pay all the debts , taxes and administrative expenses of the estate and distribute the net proceeds to the beneficiaries

Richard Boatwright of The Manassas Law Group can assist you in the event you are called upon to serve as the personal representative of an estate.

If you or a family member is involved in a probate proceedings get in touch with one of our Estate Administration attorneys. Call our firm at 703 659-0484 to arrange a confidential consultation

Providing for Incapacity

We all recognize that it can be difficult to predict what our circumstances may be in the future. We all hope to remain healthy for as long as possible. We wish to know how to address the issues that can arise if we become mentally or physically incapacitated.

A Power of Attorney is a legal document that is used to give someone else the authority to take actions on our behalf, such as signing your checks to pay your bills. It can be general in nature ( a General Power of Attorney) so that you can give broad powers to the person or you can limit the powers ( a Limited Power of Attorney) given so that only specific actions are permitted to take place on your behalf. A Durable Power of Attorney will still be in effect even if you become disabled or incapacitated.

A General Durable Power of Attorney is written statement whereby you nominate someone you trust to take care of your finances while you are unable to due to incapacity. Frequently, individuals who do not have a Power of Attorney in place are the subject of guardianship or conservatorship proceedings where a Court selects the person or person who will look after your affairs.

A deterioration of you mental health could impair your ability to communicate with your Doctors. A Health Care Power of Attorney is a written instrument where you designate a person close to you who is authorized to communicate with your Doctor concerning your care. The Health Care Power of Attorney may also be referred to as an Advance Medical Directive when it provides that the person you have selected can make decisions concerning your care when your illness is terminal.

Richard H. Boatwright can assist you in deciding whether you will require a General Durable Power of Attorney, Health Care Power of Attorney or Advance Medical Directive.

Estate Tax Planning

Recent changes in the Federal Estate and Gift tax laws have had the effect of largely eliminating the necessity of significant tax avoidance planning for many estates. However some estates still remain exposed to the Federal Estate taxes in the absence of proactive planning.

Richard H. Boatwright can review your current estate posture and determine whether your estate might be exposed to the Federal Estate Tax at your passing.