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What is a legal separation in Virginia? The concept of “legal separation” indicates that two spouses have entered into a court-sanctioned agreement that dictates their various responsibilities and obligations while living apart, presumably while they transition into an official divorce. In states which grant legal separations, a couple can obtain a legal separation. This may happen regardless of why they are choosing to end their marriage. A legal separation can settle matters such as child support, alimony, and custody agreements. This is how legal separation differs from a simple separation. In Virginia, separation occurs when one spouse leaves the marital home with no intention to return. Unlike many other states, Virginia courts do not grant legal separations. Despite this, there are plenty of other ways similar to a legal separation. These methods provide the protection needed for yourself, your children, and your assets as you and your spouse progress towards divorce. Legal Separation in Virginia: No-Fault Divorces Virginia’s domestic relations laws will allow for a no-fault divorce on one of two grounds: Separation for one year, or Separation for six months with a separation agreement, and no minor children For these no-fault cases, there is no official way of establishing a separation. The one-year or six-month clock starts ticking on day one of the spouses deciding the marriage was over and communicates that to their spouse. Typically, this communication will take place in a verbal conversation. In this case, you always want the date in writing, in case it is contested later on in the divorce process. Generally, the courts label any income earned, any property purchased, or debt accrued after a separation occurred separate property in Virginia. The exact date of your separation has a significant bearing on what is considered separate property. At the final hearing for your divorce, you will likely need to produce evidence of your separation. This happens with a witness such as a family member or close friend to corroborate. With regard to separation, Virginia courts will look at things like if: You and your spouse have continued sharing certain living spaces such as a bedroom or a closet The couple attended events not related to any of your children together Taking meals together or preparing meals for each other continues as a couple When any of these occurred during the alleged time of separation, it could push your possible date for an absolute divorce back. Legal Separation in Virginia: Fault-Based Divorces Laws surrounding separation are a bit more structured in Virginia with regard to fault-based divorces. Virginia offers multiple fault-based grounds for divorce, but adultery, desertion, and cruelty seem to hold the title for faults in Virginia. If any grounds for divorce exist, the spouse not at fault can file for what is called a divorce from bed and board. In a divorce filed from bed and board, neither party can remarry or legally engage in a sexual relationship with another person. Many people choose to file for a divorce from bed and board during their year or six months of separation. It enables them to begin dealing with the division of property and custody matters. By the time the final hearing arrives, the separated couple has taken care of all of the actual divorce proceedings A type of divorce known as a divorce from the bonds of matrimony is a final and absolute divorce. And it will not be granted unless there has been at least one year of established separation. Pendente Lite in Virginia Once a complaint for divorce has been filed, either spouse can file for a form of relief called “pendente lite”. This may happen regardless if the divorce is filed from bed and board or from the bond of matrimony This form of relief is temporary relief contingent on the final resolution of the divorce. Different types of relief that fall under pendente lite are temporary custody orders, or temporary child or spousal support. Pendente lite also includes injunctions against harassment or a waste of marital assets. Pendente lite relief ordered by the court during a divorce from bed and board, or any type of separation in Virginia, will generally remain in place until the final hearing. At the time of final hearing, if one year of separation has passed, Virginia courts will grant a final and absolute divorce. For more information, check out our post: 10 Things Not to do When You Get a Divorce. Legal Separation in Virginia: Separate Maintenance In some cases, like with certain religions that prohibit divorce, grounds for divorce reside. However, neither party wishes to get actually get divorced. In this case, separate maintenance is a feasible alternative. This is a statute that enables Virginia courts to make rulings on custody and visitation matters. The courts can also rule on spousal and child support. However, separate maintenance does not allow courts in Virginia to divide marital property. Because of this, if your case involves large amounts of property, separate maintenance may not be feasible. Relief in Virginia Juvenile Court In cases of separation in Virginia, whether or not there are fault-based grounds, Virginia’s juvenile and domestic relief courts, also known as J&DR courts, can make rulings on matters of custody, visitation, and child or spousal support. However, oftentimes it is easier to seek relief first from circuit courts. This is due to the fact that decisions made in J&DR courts can be appealed in circuit courts, and jurisdiction can be moved from a J&DR court to a circuit court if either spouse decided to file for divorce on fault grounds, or after one year of separation has elapsed. For this reason, most attorneys begin in circuit court to keep costs to their clients as low as possible. Separation Agreements in Virginia. The closest a couple can get to what is known as a legal separation in Virginia is what is known as a separation agreement Any couple in Virginia who wishes to begin working towards divorce can enter into a separation agreement. The separation agreement is a binding legal document that outlines the distribution of property, child or spousal support. It also states each spouse’s intentions to live separate and apart. Creating a separation agreement rather than fighting out each individual issue in court can save plenty of time and money. It can also save the emotional hardship on a family. An attorney can help you draw up an appropriate Virginia separation agreement prior to any physical, official separation. That separation agreement will then become the ruling document until the final divorce resolution. If you're engaged, and want to look into information to avoid the whole process, look at: What is a Prenuptial Agreement. Contact the Manassas Law Group Today! If you are struggling with a divorce or a separation in Virginia, or if you have questions about legal separations in Virginia, send us a message to arrange a consultation, or call us at the Manassas Law Group at 703-361-8246.

Divorce laws are complex at best and are vastly different from state to state. When seeking a divorce, it is important to know what you will have to do, the length of time that needs to past, and any evidence you need to gather before the divorce can be granted. In some states, you can be completely divorced in six months, while others require more than a year of separation before the divorce can be granted. Virginia is no different and has its own laws regarding divorce. To start off, there are two types of divorce in Virginia: Divorce from bed and board Divorce from the bonds of matrimony A divorce from bed and board indicates the couple is still legally married, but are classified as separated. A divorce from the bonds of matrimony indicates the divorce is absolute and final. Any couple who has been granted a divorce from bed and board can request a divorce from the bonds of matrimony after being legally separated for one year. You must have appropriate grounds to obtain either type of divorce in Virginia. What are the grounds for divorce in Virginia? The two possible grounds in Virginia for a divorce from bed and board are willful desertion or abandonment, and cruelty or reasonable apprehension of bodily harm. The grounds for a divorce from the bonds of matrimony also include willful desertion and cruelty or reasonable apprehension of bodily harm, in addition to separation, adultery, sodomy, or buggery, and the conviction of a felony. Willful Desertion or Abandonment Desertion is characterized by one party breaking off the marriage cohabitation (most often this means moving out) with intent not to rejoin the marriage home. Anyone with grounds for desertion in Virginia can file for a divorce from bed and board immediately, and once you have lived separately from your spouse for one year, there are grounds for a divorce from the bonds of matrimony. In order to obtain a divorce from the bonds of matrimony on the grounds of willful desertion or abandonment, desertion requires a willful separation by one spouse without cause or justification and remaining separated for one year. For the purposes of a divorce in Virginia, one party does not necessarily have to leave the marital home; there may be grounds for desertion if one spouse can prove the other spouse has completely abandoned their marital duties to the extent that the marriage is intolerable. There is also constructive desertion, which means that the spouse leaving the marital home is able to produce evidence that the conduct of the other party amounts to grounds for divorce, such as cruelty. Cruelty or Reasonable Apprehension of Bodily Harm Cruelty refers to actions that cause bodily harm and make living together unsafe, such as repeated and frequent physical abuse. Mental abuse, neglect, and humiliation can qualify as cruelty, but they must be extremely severe, enough for the marriage to be deemed intolerable. Mean or rude words are not typically grounds for divorce in Virginia. One act of violence is also not usually grounds for a divorce unless the act of violence was so extreme as to endanger the life of the victim. If you have cruelty grounds for divorce, you can file for a divorce from bed and board immediately, and after living separately for one year, you can file for divorce from the bonds of matrimony. Separation If you and your spouse have been living separately for more than one year, with no cohabitation and no intent to reunite, you can obtain a divorce from the bonds of matrimony in Virginia, even if you do not have a divorce from bed and board. If you and your spouse have no children, or if all your children are over the age of 18, that period shortens from one year to six months. Adultery, Sodomy, or Buggery Adultery is a misdemeanor in Virginia and occurs when one party has voluntary sexual relations with someone other than their spouse. There must be clear and conclusive evidence that adultery did occur to constitute grounds for divorce in Virginia. Sodomy is a sexual act other than intercourse and must be committed with someone other than your spouse to be a valid grounds for divorce. Buggery is a sexual act that goes against nature, such as bestiality. For both buggery and sodomy, strict and satisfactory evidence is required for there to be valid grounds for divorce in Virginia. There are defenses against adultery, sodomy and buggery. If any of these defenses can be proved, the divorce will not be granted on these grounds. These defenses are: Condonation. If one party resumes sexual relations with their spouse after learning about their marital fault, the divorce will not be granted. However, if after condonation has occurred, the spouse commits the marital fault a second time, condonation is not a valid defense. Connivance/Procurement. The spouse requesting divorce is proven to have set up their spouse to commit marital fault. Recrimination. Proof that the accusing spouse is also guilty of any marital fault that is grounds for divorce. Time-barred. The adultery must have occurred within five years from the date of the filing for the Complaint of Divorce. Justification. The leaving spouse can prove that the accusing spouse’s conduct made the marriage intolerable. Res Judicata. If the accusing spouse has filed for divorce on the exact same grounds in the past and failed, the second case will be dismissed. Conviction of a Felony If one spouse has been convicted of a felony and received a sentence of more than one year, then conviction of a felony becomes grounds for divorce. For these grounds to be valid, cohabitation cannot continue after one spouse learns of the other’s confinement. Can I be granted a divorce based on marital fault? Yes. Adultery, cruelty, desertion, and conviction of a felony are all fault-based grounds. The only non-fault based grounds for divorce in Virginia is separation, though there does still need to be proof that separation occurred. How do I prove there are grounds for divorce? Adultery A judge will need clear and convincing evidence that the adultery occurred. Corroboration is also required, meaning someone else needs to testify that your spouse had sexual intercourse with another person. Your spouse’s confession does not count as corroboration, but incriminating texts, emails, or letters can. Cruelty Being granted a divorce in Virginia on grounds of cruelty requires evidence of physical harm or threats of violence. Police reports, photographs, medical reports, and witnesses can serve as proof of cruelty. Desertion You will need to show that one spouse left the marital home without reason or justification with no intent to return. Corroborating evidence is required. Separation Though separation is not considered a marital fault, you will still need a witness to testify the length of time the separation has lasted, and that there is no chance of reconciliation between you and your spouse. What is the cost of a divorce in Virginia? You will be responsible for attorney’s fees and court filing fees. In Virginia, depending on the financial status of each spouse and the specifics of the case, one spouse may also be responsible for paying some or all of their spouse’s attorney’s fees. You may also be liable to pay alimony or child support to your spouse, depending on the situation. Can I get maintenance from my spouse, or will I have to provide maintenance to them? Maintenance can be awarded during the divorce action, and it can be awarded temporarily or permanently. Courts are required to take into account the financial abilities of each spouse before deciding any action regarding maintenance. For instance, if one spouse has remained at home unemployed for years, while the other spouse worked, the spouse who is unemployed will likely not be required to provide maintenance to their working spouse. Child support required is also taken into account during a divorce and is judged on a case-to-case basis. When can I file for divorce in Virginia? You or your spouse must have lived in Virginia for six months, with intent to live there permanently, before you can file for divorce in Virginia. What happens if my spouse cannot be served? Once you have filed your Complaint, your spouse will be served with a copy of the Complaint and a summons. In Virginia, there are four methods for serving your spouse: Service in person Service in writing to your spouse’s residence Service by posting the Complaint on your spouse’s front door Service by publication Service by publication is a last resort method and is only appropriate if the first three methods are unsuccessful, if your spouse is not a resident of Virginia or your spouse cannot be located by reasonable means. If all of these methods are employed and your spouse does not respond, the divorce will be classified as uncontested. What happens if my spouse doesn’t want a divorce? If you have a fault-based grounds for divorce in Virginia or if you have been living separately from your spouse for the required time period, it does not matter if your spouse wants the divorce or not. Will I have to go to court? In a contentious divorce (i.e. if you or your spouse contest some or all of the terms of the divorce), yes. If your divorce is not contested by you or your spouse, and your spouse signs a Waiver of Service of Process form, you will be asked to come to the courthouse with a corroborating witness. This is usually a family member or close friend. You and your witness will sign affidavits that you have not lived with your spouse for the required amount of time and that you or your spouse have lived in Virginia for six months. No court appearance is necessary in this scenario. When will my divorce case be over? In an uncontested divorce where the spouses have lived apart for the required period of time and have signed a Property Settlement Agreement, the process can take as little as a month. In a contested divorce, it can be more complicated. Anything you and your spouse cannot agree on will have to be decided by the judge. Attorneys will need to gather evidence regarding custody, marital property, and debts. Depending on the county, the Court will usually set a trial date. Ideally, the terms of the divorce will be decided on by this day. If there are any issues still undecided by the time of the trial date, both parties will present their case, and the judge will decide. The laws surrounding divorce in Virginia, and in any state, are highly complex and individualized, and the most important thing is having a lawyer you can trust. If you have questions about divorce or intend to file for divorce in Virginia, arrange a consultation with us at the Manassas Law Group by calling 703-361-8246.

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.

What is Drunk And Disorderly Conduct? When some people have a bit too much to drink, they may behave out of character and cause a public disturbance such as unruly, obnoxious or profane conduct in a public place. But even if alcohol or drugs aren’t involved, disorderly conduct--disturbing the public’s peace--is a crime in Virginia. On the other hand, you don’t have to make a lot of noise or disrupt others to be charged with disorderly conduct. Being drunk in public is enough to be cited for both disorderly conduct and public intoxication. Drunk and Disorderly Crimes in Virginia When a person intended to cause public inconvenience, annoyance or alarm or recklessly created a risk, they commit the crime of disorderly conduct in the following conditions: While on a street, highway, public buildings, bus, airplane, or automobile or other public place engages in conduct that may tend to incite acts of violence against those who the disruption is directed at. While intoxicated disrupt a funeral, memorial service, school, literary society or religious place of worship and/or engages in conduct that has a direct tendency to incite acts of violence against those to whom the disruption is directed. While intoxicated disrupts school operations or activities conducted or sponsored by a school and/or engages in conduct that has a direct tendency to incite acts of violence against those to whom the disruption is directed. Penalties And Punishment For Disorderly Conduct in Virginia Violation of Virginia's disorderly conduct law § 18.2-415 is a Class 1 misdemeanor punishable by up to 12 months in jail and/or a fine of up to $2,500. Penalties And Punishment For Public Intoxication in Virginia Virginia code section 18.2-388 states that the punishment for public intoxication is a class 4 misdemeanor in Virginia, which is punishable by up to a $250 fine but is not a jailable offense. Disorderly Conduct Defense Attorney in Manassas, Virginia If you’ve been charged with disorderly conduct, it’s possible that you may be sentenced to up to 12 months in prison, but that’s unlikely unless you have a lengthy criminal history already. When it’s a first offense, you’ll probably be sentenced to probation and fines. Although the punishments for disorderly conduct and public intoxication aren’t particularly extreme, hiring a criminal defense attorney to represent you is an intelligent decision. Whether you are incarcerated for any length of time or not, paying fines or even serving time will not be the end of it. Accepting these misdemeanor charges may have adverse repercussions if you are ever charged with a crime in the future, or if you’ve already been convicted of another crime, your probation or parole may be revoked. Even a misdemeanor conviction may affect your ability to be gainfully employed, enroll in college, receive security clearances, destroy your reputation and impact immigration status. Battle Disorderly Conduct or Public Intoxication Charges If you’ve been charged with disorderly conduct and/or public intoxication, there are several defense strategies that may be available to you. As your skilled criminal defense attorneys, The Manassas Law Group will investigate what happened and submit evidence that contradicts the district attorney’s accusation that your behavior was caused by intoxication. To fight a disorderly conduct charge, we may be able to show that your behavior was protected under the First Amendment right to free speech. Or it may be possible to prove that you were falsely accused. Judgment Free Representation For Clients Facing Disorderly Conduct And Public Intoxication Charges In Manassas, Prince William County, And Surrounding Areas Whether it’s your first arrest or you already have a criminal record, the attorney team at The Manassas Law Group know things can sometimes get out of hand, and otherwise reasonable people make mistakes. As your attorneys, we’ll treat you respectfully as we build a defense against your charges. For generations, The Manassas Law Group has provided skilled, effective representation for Virginians charged with every type of criminal matter. With our decades of experience, we’ll advocate for you throughout the process with the goal of settling your case in the least damaging way possible. The Manassas Law Group’s knowledgeable criminal defense attorneys will help you understand your rights and explain how we can defend against your alleged disorderly conduct and/or public intoxication charges. Contact The Manassas Law Group Today For A Free, No Obligation Consultation To begin the challenge of building a defense against your disorderly conduct and public intoxication charges, the experienced criminal defense attorney team at The Manassas Law Group will meet with you to discuss what happened and assess your representation needs. Call us today at 703.361.8246 or send a confidential message on our site.

What is Aggravated Assault? When a person is charged with aggravated assault in Virginia, they may face either a misdemeanor or felony conviction depending on the facts of the crime. The punishment will depend upon the seriousness of the assault and who was assaulted. When you’ve been charged with a first- or second-degree aggravated assault, if convicted, you’ll have a felony record for life. And though a third- or fourth-degree aggravated assault conviction is considered a misdemeanor in VA, the impact on your life and freedom will still be substantial. Whichever degree of aggravated assault you’ve been charged with, it’s imperative that you take it seriously. Legal Definition Aggravated Assault The legal definition of a first- and second-degree assault is when a person intended to cause or caused a serious bodily injury on another person involving a deadly weapon. If the assault was committed against a police officer, firefighter, emergency medical provider, or other designated public official, not only is it considered first- and second-degree assault, but if convicted, the penalties and punishment will be more severe. Virginia Criminal Code § 18.2-57 defines aggravated assault as an unlawful attack by one person upon another for the purpose of inflicting severe or aggravated bodily injury. Usually accompanied by the use of a weapon or by means likely to produce death or great bodily harm.” Legal Examples Of Aggravated Assault Assault using a dangerous or deadly weapon. Assault with explosives. Wounding causing permanent crippling, mutilation or disfigurement. Deliberate attempt to inflict disease by biting, spitting, scratching. Poisoning. Spiking drinks with date rape drugs. Assault causing serious bodily injury. Assault with an intent to kill. Aggravated Assault Category in Virginia The four categories of aggravated assault are defined as follows: Use of a firearm such as a revolver, semi-automatic pistol, shotgun, zip gun, rifle or any other gun used or threatened to use. Use of another dangerous weapon which could or does cause serious injury including mace, pepper spray, bat, club, brick, tire iron, explosive, acid, lye, poison, scalding, burning or scalding material. Use of a cutting instrument such as a knife, razor, machete, ax, clever, scissor, glass, broken bottles, ice pick, stiletto. Use of body parts such as hands, fists, feet or teeth. Degrees Of Aggravated Assault In Virginia, the specific circumstances of the offense will dictate how prosecutors proceed, and upon conviction, the type of penalties and punishment. FIRST DEGREE of Aggravated Assault When the offense is committed with premeditated malice to intentionally commit serious bodily injury. SECOND DEGREE of Aggravated Assault When a serious injury is committed without deliberation or premeditation. THIRD/FOURTH DEGREE of Aggravated Assault When the offender attempts to commit significant rather than serious bodily harm usually occurring in fist fights or similar incidents. Consequences Of An Aggravated Assault Conviction An aggravated assault conviction when the severe injury was caused to a victim is considered a felony that could lead to a lifetime prison sentence. Lesser penalties, including misdemeanors, are still serious and may cause you to lose your freedom. Even after you’ve served a sentence, you may still suffer the consequences. A criminal record involving a violent crime will make acquiring employment, securing housing, obtaining credit or qualifying for loans difficult and/or may prevent you from being admitted to a college or university. As well, if convicted and sentenced, even when you’ve paid the price to society, your reputation may be permanently damaged and family and social relationships lost or ruined. Aggravated Assault Lawyers In Manassas, Prince William County, And Surrounding Areas Whether it’s your first arrest or you already have a criminal record, the attorney team at Manassas Law Group know people make mistakes, and we treat every client respectfully without judgment or preconceived notions. We also know that just because you’ve been charged with a crime doesn’t mean you’ll be found guilty. It is our goal to aggressively and strategically battle to have your case dismissed or, at the least, your charges reduced.  Our legal team will assess your unique situation and analyze the options available for a strong defense on your behalf.  As well, if the prosecutor offers you a plea deal rather than proceeding to trial, we’ll advise you on what’s in your best interest. For generations of Virginians, the Manassas Law Group has provided skilled, effective representation for every type of complex criminal defense matters. With our decades of experience, we’ll guide you through the process and act as your vigilant advocate to resolve your case as fairly as possible with the intention of preserving your freedom. Experienced Criminal Defense Attorneys in Manassas When you involve an experienced Virginia criminal defense attorney as early in the process as possible, it gives them a chance to build a strong defense. If you wait, the opportunity to negotiate reduced or dismissed charges may be diminished or missed altogether—the sooner you contact the Manassas Law Group, your chance of a fair outcome is heightened. And remember—just because you’ve been charged with aggravated assault doesn’t mean you will be convicted—in a Virginia criminal court, you are innocent until proven guilty. And the Manassas Law Group will aggressively work towards dismissal or reduction of your charges. Our team of understanding criminal defense attorneys know being charged with such a serious crime is stressful and troubling. The Manassas Law Group criminal defense attorneys will help you understand your rights and explain how we can defend against the alleged aggravated assault offense for which you were arrested. Contact The Manassas Law Group Today For A Free, Confidential Consultation To begin the challenge of building a strong defense, the experienced Prince William County assault attorneys at the Manassas Law Group will meet with you personally for a free initial confidential consultation to discuss your case and identify your representation needs. Call us today at 703.361.8246 or send a confidential message on our website.

Smart Divorce Attorney Advice in Virginia It’s bad enough that you’re faced with the emotional and financial stress of a divorce, but there are ways to reduce how bad it can be. If you want your marriage to end, there’s no reason to make matters worse. Or if you don’t want a divorce but your spouse does, doing destructive things won’t make your spouse change his or her mind. While there’s no perfect way to complete a divorce and resolve the many complex issues that arise through the process, there are definite things you should NOT do. If you abide by this list of things not do to, you can protect yourself, perhaps come out better than you might otherwise, and avoid extra attorney costs and unnecessary strife. #1 Do NOT avoid seeking an attorney’s advice. A n experienced family law attorney will be able to help you navigate the areas of child custody and visitation, child support, spousal support, and equitable distribution (the division of your assets and debts). An attorney with legal experience in divorce can properly advise you about your options and whether it’s in your best interest to agree to a proposed settlement offer. If your divorce is contentious and your case proceeds to court, a knowledgeable lawyer will ensure your interests are properly represented. Even in a non-contentious divorce, having an attorney file all of the necessary pleadings on your behalf and guide you through the process and the court system can save you time and energy and help you to avoid additional stress. #2 Do NOT sign a mediated agreement without seeking advice from a lawyer If both you and your spouse agree to participate in mediation or negotiate settlement terms on your own, it may save you considerable money, reduce stress, and help you finalize your divorce sooner. If you decide to participate in this process, do not sign a separation agreement or other agreement without seeking advice from a lawyer. Once you both sign an agreement, you are bound by it. #3 Do NOT neglect your finances. It’s important that you have documentation of your income and assets. This includes bank accounts, investment statements, tax returns, property deeds, insurance policies, wills, trusts, pension statements, and vehicle titles. While your spouse should also have access to these documents, it’s important that you have at least one copy of each kept in a secure location that is not accessible by your spouse. Also, if you can, you should set aside money for the expenses you’ll incur through the divorce proceedings. #4 Do NOT forget about taxes. There may be tax consequences associated with your divorce. For example, if you want to keep the former marital residence after the divorce, you will need to evaluate whether you’ll be able to afford not only the mortgage and home maintenance but also property taxes. If not, you may be better off accepting a buy-out from your spouse or listing the property for sale. #5 Do NOT increase your debt. Besides the cost of the divorce process, which is almost inevitably expensive, it’s likely you’re going to have less money than when you shared income and expenses with your spouse. The emotions involved in ending a marriage may affect your usually clear, rational thinking and judgment, resulting in impulsive purchases. While it may require some restraint when aspects of your life seem out of your control and you feel entitled to a new item, acquiring new debt or spending money unwisely could cause avoidable financial stress as you move forward after your divorce. #6 Do NOT allow negative emotions to dictate your conduct. Although you may be very angry with your spouse for legitimate reasons, don’t allow the expression of those emotions to interfere with wise decision-making. During negotiations, if you can remain calm and reasonable, you’ll probably come away with a more satisfactory result. If you must express anger toward your spouse, it’s best to wait until after the divorce is final. #7 Do NOT forget to amend your will. Unless you want your spouse to continue to be the recipient of any monies or assets they’re not legally entitled to post-divorce, you should update your will. However, keep in mind that if you should die before the divorce is final and you have not provided for your spouse in your amended will, they can sue your estate for recovery. #8 Do NOT ignore the cost of battling over little or insignificant settlement issues. While you may feel inclined to argue over small things on principle, you’ll be paying the extra cost in attorney fees to “win” just because you’re angry. In a contested divorce, if you and your spouse want to battle rather than cooperate toward final divorce resolution, decisions may be left to a judge, which may not lead to a desirable outcome. To reasonably manage legal costs and reduce stress, concentrate on what’s important, and decide if the battle on principle alone is worth it. #9 Do NOT do or say something you may regret later. In any divorce, it’s common for emotions to run high at times, but do your best to control your words and actions. For instance, it is an inadvisable fight with your spouse on any form of written technology or social media or to post anything about the divorce on social media. Now is not the time to let the world know what you’re doing or how you’re feeling. Especially if your divorce is contentious, what you say and how you’re conducting yourself could be used against you in divorce and custody proceedings. #10 Do NOT settle too early. Although you may want to end your marriage as quickly as possible, settling too early could permanently jeopardize your financial security. Once your divorce is final, the asset and property division is inalterable, so be patient and allow the process to unfold productively. While it’s possible to revise child custody, visitation, and child support after your divorce, it may be difficult and costly to change. It’s vital that you take the time to be sure both your interests and your children’s interests are legally and financially protected. An experienced family law attorney can help guide you through the divorce process and help you protect your interests. While any prudent spouse will likely end up in a better position if they follow these “do not” guidelines, the circumstances of every divorce are unique. For divorce advice and guidance specific to your marriage dissolution and rights, contact The Manassas Law Group at 703.361.8246, or send us a confidential message on our family law team’s contact form.

In these tough economic times, it’s not difficult to run into serious financial problems. Without expecting it, life circumstances such as job loss or reduced pay, a health crisis, rising utility costs, property catastrophes, divorce and more can render you unable to pay your bills. Even when you’ve budgeted carefully but your income doesn’t increase, inflation alone can make paying your bills challenging. As you shuffle past due notices, deciding what bills you can or cannot pay each month, you’re regrettably faced with the undeniable truth that it’s impossible to catch up. Now you’re facing financial catastrophe. In this situation, you fear that the following crises may occur, or they have already happened. This includes: Home foreclosure Car repossession Utility shut off Eviction Wage garnishment Creditor harassment Poor credit score Damaged reputation Bankruptcy offers overwhelmed debtors a fresh start through Chapter 7, Chapter 13 and Chapter 11 (primarily for businesses) restructuring, reorganizing of assets and payment of debts. However, Virginia makes bankruptcy proceedings and processes extremely complicated. Most require legal expertise for effective resolution of debt obligations. That’s where a Manassas bankruptcy attorney can intervene and guide you toward financial peace of mind. The Bankruptcy Solution Options and Differences—How to Assess Which One is Right for You Chapter 7 Bankruptcy in Virginia Depending on how much money you and your family make, you may qualify for Chapter 7 relief. For most people filing for Chapter 7 bankruptcy, they do not lose any of their assets.  Exemption laws allow you allows you to retain some assets identified by bankruptcy law as “necessities of modern life” such as motor vehicles, clothing, household goods, appliances and furnishings, pensions, professional tools or equipment, public assistance benefits, and unemployment compensation.  Exemption law is a complicated area that a Manassas Law bankruptcy attorney can explain and assist you through the process. Once you've completed the Chapter 7 bankruptcy, you are permanently released from further debt obligations. Chapter 13 Bankruptcy in Virginia In this case, the judge structures a repayment plan that assures creditors that your debts will be paid, in part or in whole. Because you have the income to pay non-exempt debts, foreclosures and repossessions are halted in exchange for your scheduled, contractual promise to payments. The downside of Chapter 13 is that to retain your exempt property and assets, but you must pay your unsecured creditors as specified by the repayment plan regularly and on time to avoid repossessions and/or foreclosures of secured debt, such as mortgages and car loans. If you fail to make payments on time, repossessions and/or foreclosures will proceed. Chapter 11 Bankruptcy in Virginia This form of bankruptcy is primarily for the purpose of helping corporations, partnerships and limited liability companies (LLC) reorganize their business affairs, income, expenses and debts and still retain profits. As this process mandates, the business pays creditors through a debt repayment plan while continuing to operate. After you have completely paid all unsecured creditor payments, any other debts are permanently discharged. A Chapter 11 bankruptcy is the most complex, costly and lengthy of all bankruptcy proceedings. Therefore, debt management alternatives should be carefully analyzed and explored to determine if it is the best option for a business. Bankruptcy Summary ▪ Chapter 7 bankruptcy is for debtors with insufficient income to pay their debts. ▪ Chapter 13 bankruptcy is for debtors with sufficient income to pay debts who want to retain the non-exempt property. ▪ Chapter 11 bankruptcy is for businesses that want to retain profits and continue to operate while paying creditors. If debt worry consumes you so much that you can’t sleep at night and are unable to enjoy life, the experienced Chapter 7, Chapter 13, and Chapter 11 bankruptcy attorneys at Manassas Law Firm can help immediately. For more information, check out our post: Will Bankruptcy Clear all Debt? Experienced Bankruptcy Law Firm Helps People Struggling with Debt in Prince William County and Surrounding Area While sometimes the person causes a debt crisis by poor money management and uncontrolled spending, more often it’s because of unexpected circumstances. And it certainly doesn’t mean you’re irresponsible or a bad person. Though we wish we could control everything in our lives, many situations are out of our control. But there’s something you can control now. Whatever got you into this mess, the Manassas Law Group can offer reassurance and immediate help to halt foreclosures, repossessions, evictions, and creditor harassment. As your bankruptcy attorneys, we’ll help you eliminate or restructure your debts so you can regain solid financial footing. For help to decide whether you should file for bankruptcy and which option is right for you, under Chapter 7, Chapter 13 or Chapter 11 relief, a Manassas Law Group bankruptcy attorney will respectfully listen to your debt problems and explain the legal strategies and options that will best resolve your pressing financial issues. Call 703.361.8246 today or send us a message on our contact form to schedule your free, no-obligation initial consultation in our downtown Manassas office.

Bankruptcy is intended to give those who have found themselves impossibly burdened by debt a fresh start and respite from the stress of collection attempts, creditor telephone calls, some lawsuits, wage garnishments, and other creditor actions. While many debtors think bankruptcy will erase all financial obligations and save their property from foreclosure or repossession, there are certain debts that cannot be erased. The good news is that under bankruptcy law non-secured credit card balances, personal loans, medical bills, and various other types of non-secured fiduciary obligations can be eliminated. The initial benefit when you file for bankruptcy is that the court orders an “automatic stay,” which gives you a temporary reprieve from collection activity. While your bankruptcy is pending, you can answer the phone without fear and for the first time in months breathe easier. In the short term, if a foreclosure, repossession, or eviction is pending, it can put those actions on hold allowing you time to regroup and arrange any resources. There are two types of bankruptcy that people file: Chapter 7 and Chapter 13. The type of bankruptcy you pursue will depend on your unique financial situation which takes into consideration your available income, assets, property, and goals. Before you file for bankruptcy, it’s important to know what type of relief each offers. Chapter 7 bankruptcy is typically for those debtors with limited or no assets, and it may be the best option for those who want to eliminate their qualifying debts altogether. The advantage of Chapter 7 bankruptcy is that you receive a completely fresh start except for non-qualifying debts. Though your bankruptcy is discharged, you will still have to pay secured debts such as a mortgage or it will be foreclosed on and financed possessions such as a car or they will be repossessed. Chapter 13 bankruptcy doesn’t allow for the discharge of all debts, but it does provide certain qualifying property owners with relief from home foreclosure and repossession of certain other assets. Under the provisions of Chapter 13, the person filing Chapter 13 bankruptcy creates a payment plan for their debt, usually paying only a portion of what is owed.  It also allows debtors a rescheduled payment plan for secured debts, extending those payments over the Chapter 13 restructuring plan period. Basically, Chapter 13 functions to allow the debtor to make payments through a trustee over time. However, before filing for bankruptcy, it’s important to know the debts that cannot be discharged. They include: Child support Alimony Student loans (with limited exceptions) Debts incurred for personal injury or death caused by driving intoxicated Income tax debts within the past three years and any other tax debts Debts not listed in your bankruptcy papers Debts from willful or malicious injury to another person or another person’s property Fraud related to debt Criminal fines, restitution, penalties including traffic fines Debts from embezzlement, larceny or breach of trust Debts you owe under a divorce decree or settlement (with some exceptions) In summary, Chapter 7 bankruptcy eliminates all but non-exempt debts. Chapter 13 bankruptcy requires you to pay restructured payment plan for a portion, or sometimes 100%, of the debt owed. For help to decide whether you should file for bankruptcy, or whether you should file under Chapter 7 or Chapter 13 protections, a Manassas Law Group bankruptcy attorney will meet with you to respectfully answer your questions and discuss the legal strategies and options that will best provide you with the relief you need. Call 703.361.8246 today or send us a message on our contact form to schedule your initial consultation in our downtown Manassas office.

My friends say I need a Trust, is this true? Who Needs a Trust? Many clients come in for a consult about estate planning and say they have heard that a Trust is necessary. We advise that a trust may, or may not be necessary, depending on a number of factors including the clients’ goals, family structure, including ages of children and grandchildren and how their assets are currently titled or owned. For example, let’s assume a husband and wife have two adult children with little likelihood of grandchildren. The couple owns their home jointly with survivor-ship (by virtue of language in the deed) and each has a 401K retirement account where the other is named survivor (by virtue of beneficiary designations they have completed). They have a checking account, two automobiles, and furniture. Upon the passing of the first spouse, the survivor will own the house by virtue of the language in the deed and will inherit the deceased spouse’s 401K by virtue of the beneficiary designation. If the vehicles and checking account and furniture total less than $50,000 these assets can be passed to the surviving spouse using Small Estate Affidavits and no probate is necessary.  If the vehicles, checking account and furniture exceed $50,000, then the surviving spouse can qualify for an abbreviated probate process (no accountings required) by qualifying on the estate as Executor (assuming the deceased spouse named him/her Executor in the Will and named him/her primary beneficiary of the estate). If there is no Will, the surviving spouse can qualify as Administrator and will be the primary heir assuming the 2 adult children are the children of the couple. The abbreviated probate would still be available Adult Children and Trusts Imagine the two adult children in our example have children (grandchildren of husband and wife) who are minors or young adults. Assume further that the husband and wife have 401k's which total in excess of $500,000.  The couple could name each other as primary beneficiary of his/ her 401k and name the two adult children as contingent beneficiaries. As long as neither of the adult children has creditor problems and as long as both survive the husband and wife there is no problem. However, if one adult child predeceases the surviving spouse (husband or wife) and the spouse then passes, the share of the 401k would pass to the children of the deceased adult child (husband and wife’s grandchildren).  It is likely the deceased grandparent would want the funds in the 401k to be used to best advantage and not withdrawn prematurely. However, if the grandchild was 18, he or she could decide to withdraw the 401k funds to go on vacations and buy lots of stuff.  A trust could be designed to receive retirement funds or other assets due to a child or young adult who had not attained a certain age (30 for example). In any event, the husband and wife could decide how those assets would be handled for the benefit of the younger family members. The trustee named in the Trust would not be required to report to the Court system. For more information, look into Virginia Inheritance Laws. Estate Attorney in Manassas, Virginia There are many variations of the above example that one might imagine. A competent professional can assist you in determining which of the various estate planning tools are appropriate to your situation and goals.

What’s the difference in DUI vs DWI for Virginia law? A police in Virginia pulled you over under suspicion that you were driving while intoxicated and an officer told you they were arresting you for a DUI, it was probably a traumatic, embarrassing and distressing event. But the citation said you were cited for a DWI. Wait a minute, you may wonder. Did the cop arrest me for a DUI or a DWI? What's the difference? Simply, nothing at all. Virginia Code: Statute § 18.2-266 on DUI vs DWI In Virginia, the terms DUI and DWI are covered under the same statute § 18.2-266 and are used interchangeably. Whether you decided to drink before you drove, ingested, smoked, snorted, or injected illegal drugs, impaired yourself by taking too much of a legally prescribed drug or even an over-the-counter drug, in the eyes of the law, they are equal. If you consumed enough to affect your senses, to the degree that a police officer determined you could not safely operate a motor vehicle, you would be charged with the crime of DUI/DWI. There really is no DUI vs DWI for the state of Virginia. Specifically, the § 18.2-266 Virginia statute states: It shall be unlawful for any person to drive or operate any motor vehicle, engine or train (i) while such person has a blood alcohol concentration of 0.08 percent or more by weight by volume or 0.08 grams or more per 210 liters of breath as indicated by a chemical test administered as provided in this article, (ii) while such person is under the influence of alcohol, (iii) while such person is under the influence of any narcotic drug or any other self-administered intoxicant or drug of whatsoever nature, or any combination of such drugs, to a degree which impairs his ability to drive or operate any motor vehicle, engine or train safely, (iv) while such person is under the combined influence of alcohol and any drug or drugs to a degree which impairs his ability to drive or operate any motor vehicle, engine or train safely, or (v) while such person has a blood concentration of any of the following substances at a level that is equal to or greater than: (a) 0.02 milligrams of cocaine per liter of blood, (b) 0.1 milligrams of methamphetamine per liter of blood, (c) 0.01 milligrams of phencyclidine per liter of blood, or (d) 0.1 milligrams of 3,4-methylenedioxymethamphetamine per liter of blood. A charge alleging a violation of this section shall support a conviction under clauses (i), (ii), (iii), (iv), or (v). Driving Under the Influence vs Driving While Intoxicated Virginia law enforcement and the court system doesn’t care what was impairing your senses while operating a motor vehicle. DUI vs DWI doesn't matter. They make no distinction between DUI and DWI, whether you were “driving under the influence” or “driving while intoxicated” including if you just took too much cough medicine. If you were charged under the DUI/DWI statute, as far as the police are concerned, you were endangering your life and the lives of others. Virginia imposes severe penalties for DUI/DWI that vary depending upon your blood alcohol content (BAC), whether an accident was caused if anyone was injured, and if you have any previous DUI/DWI convictions. As do all other states in our country, Virginia takes a hard line against DUI/DWI. According to Virginia alcohol-related motor vehicle statistics, in a recent year, there were 262 DUI/DWI caused fatalities, 4,855 serious injuries, and 7,482 vehicle crashes. https://www.dmv.virginia.gov/webdoc/pdf/tss02.pdf You can also look at: What is Drunk and Disorderly Conduct? Consequences of a DUI vs DWI in Virginia Our clients we have represented over the last 65 years typically are responsible, law-abiding citizens, who work and pay their taxes, & take care of their families. The consequences of a DUI/DWI conviction can be devastating not only to the offender but also their family. Depending upon several factors, a person convicted of a DUI will spend time in jail, lose their driving privileges, pay enormous fines, and possibly lose their job and reputation which may lead to financial problems including the loss of their home. Because we at The Manassas Law Group believe Virginia DUI/DWI penalties are sometimes unfairly extreme and overly punitive depending upon the circumstances, we work vigilantly to either mitigate the damages of a conviction or have charges dismissed. If the judge convicts you and sentences you to incarceration, instead of jail we might be able to petition the court for house arrest or in-patient addiction treatment. In many cases, even if the court suspends your driving privileges, we may be able to petition the court to allow you to drive to work, to doctor appointments, or for other specific responsibilities such as for the care of children. Our attorneys at The Manassas Law Firm represent those charged with a first time DUI/DWI offenses as well as multiple offenses of this crime. Because the consequences upon conviction significantly increase with multiple DUI/DWI offenses, finding the right attorney to defend you in court can be the difference that makes or breaks your life over the next 10 - 40 years. Our attorneys know how to challenge the prosecution’s evidence and work towards dismissal. But when that’s not possible, vigorously negotiate reduced charges and less severe penalties. Contact Manassas Law Group For Your DUI or DWI Concerns For the best outcome when you’ve been charged with DUI/DWI, call the Manassas Law Group for a free review of your case, consultation, and advice. At all times, the attorneys at Manassas Law Group will treat you with respect and understanding. We know everyone makes mistakes, and sometimes people just need help. We represent DUI/DWI defendants in Prince William County and surrounding Virginia areas. If you’re reading this article on behalf of a loved one who is in jail, we’ll visit them there and start the process to get them home. Call 703-361-8246. Or if you prefer, use our contact form, and someone from our team will get back to you promptly.

RETIREMENT ACCOUNTS and Beneficiary Designations Some of the costliest estate planning mistakes involve retirement accounts. Contrary to popular belief, IRAs and 401K's are not normally covered by a will. Beneficiary Designation Form Instead upon the death of the account owner, the funds pass to individuals based not upon the Will of the account holder or the laws of inheritance but according to beneficiary designation forms. The owner of the IRA or 401k fills out the beneficiary designation form when the account is opened. The beneficiary designation form functions to instruct the bank or financial institution (the custodian) about who will inherit the accounts. With an IRA, you can name any beneficiaries you want, including friends, family members, a trust or charity. For a 401(k) or other workplace plan, you need your spouse’s written permission to name a beneficiary other than your spouse. You should name both primary and alternate (contingent) beneficiaries on the beneficiary designation form. Estates and Beneficiaries Never name your estate as the beneficiary. If you do, and the account is an IRA, all funds must be withdrawn within five (5) years of your passing unless you were already 70½ (the age at which a traditional IRA owner must begin taking required minimum distributions each year) at the time of your passing. In this situation, the distribution rate for the heir is based your age. In the event no beneficiary designation form is on file with the custodian of the account, the heirs of the deceased owner come under the IRA custodian’s default policy. Most award an IRA first to a living spouse and then to the estate, but some send it straight to the estate It is important to choose beneficiaries for each retirement account. If you have multiple accounts at the same institution, execute a separate beneficiary designation form for each account, even if you want to distribute all the accounts the same way For most married individuals, leaving a spouse well provided for is the No. 1 goal in estate planning. These individuals would typically name their spouse as the primary beneficiary of an IRA and contingent beneficiaries in case the spouse predeceased the account owner Estates and IRA Withdrawals Generally, those who inherit an IRA must withdraw a minimum amount each year, starting on Dec. 31 of the year after they inherit the account. The rules for spouses are more lenient If they choose to, heirs can draw out these minimum required distributions over their own expected life spans. This is known as the stretch-out – a financial strategy to extend the tax advantages of an IRA. (There is no automatic right to a stretch-out with a company plan.) Stretching out the IRA gives the funds extra years and potentially decades of income-tax-deferred growth in a traditional IRA or tax-free growth in a Roth IRA. Minimum required distributions are based on life expectancy. The longer the life expectancy, the smaller – as a percentage of the IRA balance – each payout must be. From an income tax perspective, therefore, the best designated beneficiary is a young person. Some forms offer additional options, such as leaving your retirement assets to a trust. For example, a trust would be effective if the intended beneficiaries are minors, and or you want to keep the money out of the hands of creditors (for example, divorcing spouses) or control the cash flow to heirs you regard as spendthrifts. The trust can essentially force beneficiaries to take advantage of the stretch-out. However, complex rules govern this strategy. If the trust qualifies as a designated beneficiary, as the tax code and the Internal Revenue Service use the term, it can take withdrawals based on the life expectancy of the oldest beneficiary. To qualify as a designated beneficiary, a trust must meet various criteria contained in IRS regulations. Pitfalls abound, so ask your advisers to design a trust that meets your goals as well as the government criteria. Then make sure you name it on the beneficiary designation form on file with the financial institution that holds your retirement account. For more information, check out our post: How Do I Protect my Family from the Probate Process and Property Exemptions and Estate Planning.

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.