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Living Trusts in Virginia Are wondering if you and your spouse need a revocable living trust? You are not alone. Many married couples consider creating a trust to protect their assets, avoid probate, keep their estate private, and make sure their family is taken care of if something happens to them. A revocable living trust can help simplify the transfer of your home, bank accounts, and other property while providing a plan if you become unable to manage your own affairs. The right estate planning strategy depends on your assets, family situation, and long-term goals. Manassas Law Group helps Virginia families understand whether a living trust, will, or other estate planning options are the right fit for their needs. Do My Wife and I Need a Revocable Living Trust? more If you and your spouse are thinking about estate planning, you've likely to come across the term "revocable living trust." Is it something you actually need, or is a simple will enough? The answer depends on your assets, your goals, and how much control you want if you become incapacitated or pass away. What a Revocable Living Trust Does A revocable living trust is a legal arrangement you create during your lifetime to hold title to your assets. You typically serve as trustee, keeping full control over the trust's assets, and can amend or dissolve it anytime while competent. At death, the trust's assets pass to your beneficiaries according to its terms — without going through probate. Why Couples in Virginia Consider One Avoiding probate. Virginia's probate process involves court filings, executor duties, and creditor notice periods that can take months. A properly funded trust bypasses probate, allowing a faster, more private transfer to your spouse and children. Privacy. A will becomes part of the public record once filed for probate; a trust generally does not. Planning for incapacity. This is often the most overlooked benefit. If one spouse becomes incapacitated, a funded trust lets a successor trustee step in immediately, without a court-supervised guardianship proceeding. A will offers no such protection during life. Multiple properties or blended families. Owning real estate in more than one state can mean separate probate proceedings in each — a trust avoids this. Trusts also allow more detailed, staged distributions than a will, useful for blended families or beneficiaries needing oversight. Not every couple needs a trust. If your estate is modest, assets are jointly titled or have named beneficiaries, and probate delays or privacy aren't major concerns, a well-drafted will paired with powers of attorney and an advance medical directive may accomplish what you need at lower cost. The Bottom Line A revocable living trust offers real advantages for many couples — especially incapacity planning, privacy, and probate avoidance. But it isn't one-size-fits-all; the right choice depends on your family's circumstances. Contact Us for a Free Consultation The best way to know for sure is to walk through your situation with an attorney. If you'd like to discuss whether trust makes sense for your family, contact Richard Boatwright in our office to schedule a consultation.

When someone passes away, their family often faces two challenges at the same time. They are grieving, and they are also responsible for settling the estate. That responsibility is not always simple. A probate attorney helps families navigate the legal process that follows a death and gives structure to a time that can feel overwhelming. Probate involves validating the will, identifying property, paying debts, and distributing what remains to the correct beneficiaries. In Virginia, the process follows strict rules, and a single missed step can delay the entire estate. A probate attorney guides families through each stage so the estate stays on track and complies with state law. You can learn more about how probate works by visiting the firm’s page on the probate process. more What Does a Probate Attorney Do? A Virginia probate attorney can assist with tasks such as: Preparing and filing necessary documents with the court Helping the personal representative understand their responsibilities Identifying and valuing estate assets Notifying creditors and managing lawful claims Ensuring the final distribution follows the terms of the will or Virginia law Addressing disputes or questions that arise during the administration of the estate Families often hire a probate attorney because they want the estate handled correctly and without unnecessary stress. The attorney becomes a resource for the personal representative and helps prevent mistakes that could create delays or conflicts. Why Probate Guidance Matters Many people believe probate is simply paperwork, but it often involves more than expected. There may be real estate to transfer, financial accounts to close, business interests to evaluate, or tax issues to resolve. When several family members are involved, emotions can run high and misunderstandings can occur. Having a probate attorney provides clarity and direction during a difficult moment. When Should You Contact a Probate Attorney? It is helpful to reach out for legal guidance as soon as you learn you will be responsible for settling an estate. Early support can prevent errors and reduce complications. Even if the will seems straightforward, it is wise to have a professional review the situation and outline the necessary steps. Schedule a Consultation If you are handling a loved one’s estate or have questions about the probate process in Virginia, the Manassas Law Group is ready to help. You can schedule a consultation here: Schedule a Consultation.

What is Conservatorship? The term Conservator refers to a person appointed by the court who is responsible for managing the financial affairs of an incapacitated person. A conservatorship may be a total conservatorship, a limited conservatorship (when financial assistance is needed only for specific matters), or a temporary conservatorship. The Court in the jurisdiction where the incapacitated person lives considers the Petition typically filed by the family member or friend of the incapacitated person. Virginia law requires that a medical or psychiatric expert have examined the person thought to be incapacitated and have stated in a written report to the Court that the subject is, in fact, incapacitated. What Does it Mean to Be Incapacitated? To be found incapacitated, the person must be incapable of receiving and evaluating information effectively to such an extent that he or she lacks the capacity to manage his or her property or financial affairs. Persons who routinely use poor judgment in making financial decisions are not considered incapacitated. What is Guardianship? The term Guardian refers to a person appointed by the Court who is responsible for managing the everyday life of person who is not capable of responding to people, events, or his or her environment and cannot meet the essential requirements for his or her health, care, or safety, The Guardian appointed by the Court is responsible for the personal affairs of an incapacitated person, including responsibility for making decisions regarding the person’s support, care, health, safety, habilitation, education and residence. How To Be Appointed As a Guardian or Conservator The court has great flexibility in determining what type of guardian and/or conservator to appoint. A guardian and/or conservator can be totally in charge of a person’s affairs, or the authority of the guardian and/or conservator can be limited to making specific decisions. Guardians and conservators may in some instances serve for an extended period. During that time, annual reporting to the Commissioner of Accounts or Court is required. Richard Boatwright of the Manassas Law Group can assist you and your family with issues related to potential Virginia Conservatorship and Guardianship proceedings.

IRAs and 401k retirement assets can pose some challenges in estates due to the tax-related rules that apply to these types of assets. In this post, our Manassas estate planning attorneys at Manassas Law Group briefly explain IRAs and 401ks in estates. IRAs vs. 401ks IRAs and 401k have similar rules with respect to the determination of who receives them when the account holder dies. The first question concerns whether the account holder listed a beneficiary to receive the account. If a beneficiary is named and survives the account holder, then the account passes to the named beneficiary and is not controlled by the Will. The beneficiary can delay taking the distribution from the account for up to 10 years unless the beneficiary is the surviving spouse or minor child in which case the withdrawals of money can be stretched out for much longer. If no beneficiary is listed by the account holder, the account passes to the heirs of the account holder and the distributions must be taken out within 5 years. The distributions taken by the named beneficiary(ies) or heir in the case of no named beneficiaries are taxable upon withdrawal as ordinary income.  However, if the IRA is Roth IRA, the named beneficiary will not pay tax on his/her withdrawals from the IRA account. If the IRA or 401k account holder prior to passing had reached the age where required minimum distributions must be taken from the account, then the RMDs must continue to be taken up until the account is liquidated pursuant to the applicable 10-year or 5-year payout. Call the Manassas Estate Planning Attorneys at MLG Today To learn more about IRAs and 401ks in regard to estate planning, give our experienced estate planning attorneys a call at (703) 361-8246 or reach out to us online today.

So, John and Mary have spent a good part of their working lives accumulating some property and investments that they wish to pass on to their three adult children. The three adult children are: Sally Jerry and Bobby. John and Mary love them all and they are good kids. Sally has had some problems with creditors in the past. Jerry’s wife periodically tells him she wants a divorce. Bobby makes good money but has a hard time hanging on to it. John and Mary would hate to see their property pass to one of the children only to have it lost to a creditor or divorce process. John and Mary could employ a Trust centered estate plan utilizing a Revocable Living Trust to protect the property passing to each of the children. The Trust could provide that all or a portion of the property passing to each of the adult children will be held by the Trustee named in the Trust who will have the discretion to make distributions to the children. In this way funds held by the Trust on a child’s behalf will be sheltered from creditors or over spending; The distributions made once in the hands of the child would have some exposure depending on timing and decisions made by the child but the bulk of the funds passed to the children would be protected as long as the child had no control over when and how much the distributions would be. Some of the assets passed to the children would have additional protections once passed to the children based upon the type of asset being held on their behalf ( 401k, 403b, life insurance etc.)

When a person who owns property and other assets dies without a will, a Virginia intestate succession probate will determine who is entitled to the decedent’s estate. Virginia inheritance laws can be complicated. Virginia’s intestate succession laws provide a specific plan for how the decedent’s estate will be divided and to whom. Unfortunately, when a person dies without a will, assets may be passed on to a person or persons the decedent didn’t intend. In cases where a will exists but is considered invalid, the assets are also subject to intestate succession. Probate Process in Virginia When a loved one dies without creating a will, his or her estate will go through the Virginia probate process under the intestate succession laws. When a probate court handles distribution of assets, it determines the order of heirs who will receive them and the amount or share each heir will receive. In Virginia, the courts will not do any sort of hands-on management of the estate. Instead, they select an executor or approve of an executor. Virginia inheritance laws will impose a tax on anything that goes through the probate process. This process is only applicable if the deceased owned $50,000 or more in personal property or owned “real” property. Regardless if there is a will or not, the estate will not be divided or distributed until the debts of the deceased have been remedied. For more information, check out: How Do I Protect My Family From the Probate Process? Virginia Inheritance Laws for Spouses Generally, property and assets first go to any existing, surviving spouse. The same holds true if all of the deceased children belong to said surviving spouse. After that, or if there is no spouse, there is a prioritized order that determines who else is entitled to the decedent’s assets. In Virginia, only one-third of the estate goes to the surviving spouse if one or more of the surviving children are with another partner. Virginia Inheritance Laws for Children The most basic form of child inheritance is when there is no surviving spouse. In this case, the child or children will get the entire estate. If the spouse is still alive, the child(ren) will either receive nothing or will receive two-thirds, depending on if the child(ren) belonged to the living spouse. Virginia does not recognize adopted children any differently than biological children. They will both receive the same rights, regardless. If the child of a deceased is not born yet, he or she will receive the same rights as any other children born while the deceased was alive. Grandchildren are not privy to any automatic inheritance, unless the parent of said child predeceased them.If the decedent’s children are living, they will all get equal shares. But who gets what becomes extremely complicated if a decedent’s child predeceased them. Usually, the decedent’s grandchildren will receive what would have been the parent’s shares. Illegitimate Children Inheritance Laws in Virginia This is where Virginia law tends to vary from other states. In Virginia, an illegitimate child is defined as a child born outside of marriage. This child is only given an inheritance if the situation satisfies one of the following: The deceased and the other parent were married at some point, and the marriage was either considered illegal, voided or the marriage was dissolved by the court. A genetic test proves paternity and the parent must have acknowledged the child as his or her own and child support payments were not refused. Although it is definitely possible for the deceased to have adopted, fostered, etc. a child during the course of his or her life, that child is not automatically guaranteed to receive a portion of the inheritance or estate. However, the child can be added to the will while the parent is still living. Distribution Line of Heirs in Virginia Surviving spouse Biological children Adopted children Children placed for adoption who were legally adopted by other parents. Grandchildren Parents Siblings Grandparents, aunts, uncles and their descendants Great grandparents and great aunts and uncles Can My Spouse Leave Me Out of The Will? If you live in Virginia, the answer is “no”. There are laws in place where a spouse cannot simply be disinherited.. Another condition where intestate succession law applies is when the decedent had a will but left their spouse nothing or designated a smaller amount to them than other heirs. Virginia has what’s called an “elective share” statute. This allows the surviving spouse to claim a portion of the estate if: the deceased died without a will the surviving spouse is omitted from the will the deceased explicitly disinherited the spouse in the will The surviving spouse has rights to the elective share, regardless if the surviving and deceased were separated, or divorced, or still legally married at the time of death. In such a case, the surviving spouse can contest the will. Then, the court may rule that there was no valid will and the decedent’s assets will be distributed according to intestate succession laws. When this happens, the surviving spouse typically gets either all or a large portion of the estate. No Will and No Relatives in Virginia If the decedent doesn’t have any relatives, the assets become the property of the state of Virginia, a legal process called “escheat.” The law of escheat means that the assets of a decedent always has a recognized owner. Without remaining heirs, the decedent’s estate is transferred to the state. If you are a person considering not leaving a lawfully prepared will, or are thinking of putting it off, the above-described consequences may unfold, and those you prefer to have had your assets, may not. Or if you are an heir of a decedent’s estate and they did not have a will when they died, you may be entitled to their assets through intestate succession. Intestate succession is an extremely complicated area of heir-ship law. Even when a person thinks they understand intestate succession, the laws are modified and amended frequently causing more complications. For more information, check out: When Does Your Will Not Control What Happens to Your Property. Manassas Law Group, VA Intestate Succession Lawyer If you believe you are the rightful heir to a decedent’s assets, but they did not leave a will, intestate succession and estate planning attorney can clarify your rights under Virginia law. Manassas Law Group has handled large and small intestate succession claims for over 20 years throughout Virginia. With sensitivity and respect, we’ve guide d hundreds of grieving family members through the process of estate inheritance when a loved one has died.

Our clients often come in for a consultation with questions related to probate. They have heard that probate is something they should avoid for the sake of their loved ones. They have heard that the probate process in Virginia can be time consuming and expensive. What is probate? Probate is the legal procedure/process by which the court supervises the transfer of ownership of the deceased owner’s assets/property following death. If there is a will, it is recorded and the person named in the will to look after decedent’s property (the Executor) is required to prepare and file an inventory of the estate assets, pay off the estate debts and distribute the estate property according to the terms of the will. The executor is responsible for submitting one or more accounting detailing all of the estate’s financial transactions. Often the Executor will need the assistance of an attorney and perhaps an accountant to complete these tasks. The executor must post a bond with the Court and secure a bonding company (surety) to stand behind the bond. If there is no will, the person who looks after the transfers of assets is called the Administrator. Avoiding probate There are, however, estate planning techniques and tools that can help you avoid placing this burden on your family members. At the Manassas Law Group, P.C., our attorneys have the experience in probate law and can help you organize your financial affairs so that the probate process will not be necessary. These methods should be tailored to the client’s particular needs and circumstances. Among the methods available are: Creating a revocable living trust. A revocable living trust can be created whereby you select a trusted individual to serve as trustee owner of any property that you transfer to the trust. Property held in the Trust is not subject to probate and will transfer to your named beneficiaries upon your death. Joint ownership of property. Property such as real estate, bank accounts, investment accounts and retirement accounts can be set up so that this property automatically passes to the surviving owner when the first owner passes away. Property of this type is not subject to probate. Investment accounts of this type are called “transfer on death” (TOD) accounts. If the account is held by a bank it is called a “payable on death” (POD) account. With real estate the deed may establish a joint tenancy with survivor-ship or in the case of a married couple tenants by the entirety with survivor-ship. Simplified probate: If your real estate or property is valued below a certain amount, you may be able to avoid probate altogether. Contact Manassas Law Group for All of Your Estate Planning Questions At the Manassas Law Group, P.C., our skilled attorneys can help you draft a variety of estate planning documents to avoid the probate process. Call us locally at 703 361-8246 for your APPOINTMENT.

A husband and Wife have just signed their Wills. They naturally have every expectation that the language in their Wills is controlling as to what happens to their property when they die. However, if the Will preparer has not become familiar with how the couple owns their property (how the property is titled), there could be problems the couple did not anticipate. Retirement Forms and Property Titles Most individuals have signed beneficiary designation forms (POD forms) at their bank or with the firm that handles their retirement accounts (TOD forms). These beneficiary designation forms (and not the Will) are controlling as to what happens to those assets. For example, assume Jane is a widow with three (3) adult children; Jane’s Will says her three children are to share equally in her property upon her death; However, the estate planning attorney who prepared Jane’s will did not inquire about how Jane had her property titled. As it turns out, Jane had all of her money in various bank and investment accounts. Each account had its own beneficiary designation, with some of the beneficiary forms naming individuals other than her children as beneficiaries. In this case and every case, the beneficiary designation forms would control who receives those accounts, and the Will would be ineffective in transferring them. You and your attorney should take the time to learn how your property is titled so that the wishes expressed in your Will are coordinated with any beneficiary designations you have made. To learn more about creating wills in Virginia, speak with an experienced and thorough Manassas estate planning attorney at the Manassas Law Group, call (703) 361-8246 or send an email today.