Key Takeaways
- Missing important factors or Virginia’s strict execution requirements when drafting your estate plan could result in the probate court rejecting your will.
- An estate plan can include several documents, including a will, advanced medical directives, and powers of attorney.
- Virginia law does not allow you to disown your spouse.
- Virginia has strict execution requirements for signatures and notarizations.
Navigating the world of wills and estate planning can be tough. Most people know how they want to write their will, but don’t know how to do it. Not having the proper estate plan can cause headaches for your loved ones after you pass away. If you do not have sufficiently drafted documents, your family may not inherit anything. If you forget to update your will, a person who is not intended to inherit may receive something, while the intended heir may not receive anything.
Our attorneys at Virginia Beach Law Group can help you develop an estate plan that works for you. We will continue to work with you to update the estate plan as needed. The estate planning process does not have to be complicated when you work with the experienced team at Virginia Beach Law Group.
Why Clients Choose Virginia Beach Law Group
Our professional and diligent attorneys at Virginia Beach Law Group have experience in creating estate plans for everyone, from a young person just building up assets to those who have businesses and high assets.
Testimonials
“Best Law Firm in the Hampton Roads area! Very diligent, professional and friendly. David Johnson and his team are second to none and you are sure to be a winner when you retain his firm. A total team effort with no stones left unturned. Thank you for making a difficult situation easy.” — Jeff O.
“My family and I have used the law firm for over 25 years and I would highly recommend their services to everyone. Mr. David Johnson is the epitome of expertise and attention to detail. He has ALWAYS gone the extra mile to expedite action in the most effective manner. The overall friendliness and service of the entire staff lends itself to a high degree of confidence that their legal service is done RIGHT!!” — Randy C.
“Mr. Johnson is an amazing lawyer. He has a great personality, professional ethics, honesty, and integrity. He is extremely upfront and helpful with his advice which steers his clients for the high road. He showed that he had our best interest in mind, especially once we were in the courtroom. Mr. Johnson not only went above and beyond, but took the extra time to get the situation resolved. If anyone is looking for an amazing attorney who cares about your best interest, choose him! We couldn’t thank him enough for what he’s done!!” — Taylor R.
What Does a Will and Estate Planning Lawyer Do?
An estate planning attorney has several roles, including:
- Working with clients to create an estate plan that is unique to the client’s situation
- Guiding the decedent’s loved ones through the probate process
- Guiding personal representatives/executors through the often complex and stressful process of handling the decedent’s estate
- Defending the estate against will contests and other lawsuits
Do I Need an Attorney for Estate Planning?
While you do not need an attorney to create an estate plan, we highly recommend you retain a probate attorney to help with it. DIY wills frequently do not meet Virginia’s strict requirements for signatures, notarizations, and witnessing, which can lead to probate rejection. An experienced estate planning attorney can prevent errors, navigate tax exemptions, and address nuanced issues such as omitted spouse claims or reverse mortgage liabilities. They can also advise on trusts for estates exceeding $13.99 million or blended families.
Why is Estate Planning Important in Hampton, VA?
Virginia’s intestacy laws require equal splits among heirs, which may not align with your wishes. Proper estate planning allows you to customize your inheritance distributions, potentially reduce probate taxes through strategic planning, and resolve local challenges, such as unpaid property taxes or disputes over co-owned land.
Not every estate plan will have the same documents or even the same type. For example, one estate plan may not require any trusts, whereas another requires a revocable trust, and yet another requires an irrevocable trust.
Documents often found in estate plans include:
- Wills: A will names the personal representative and gives instructions on how to distribute and manage your estate.
- Trusts: Virginia allows several types of trusts to help manage estate assets, potentially bypass probate, or provide structured support for beneficiaries. Trusts are not mandatory nor necessary for everyone, and they may be revocable or irrevocable.
- Advanced medical directives: To help your family and doctors meet your end-of-life wishes should you become incapacitated, include advanced medical directives in your estate plan. The document names someone to make those decisions for you and instructs that person to execute your wishes.
- Powers of attorney: Virginia has two types of powers of attorney:
- A financial power of attorney names someone to handle your finances should you become incapacitated. You can include as much or as little financial power as you need.
- A medical power of attorney names someone to make decisions for you should you become incapacitated.
What Can I Include in My Estate Plan in Hampton?
Common documents you can find in an estate plan in Hampton include:
- Wills
- Trusts, including those for estates valued at over $13.99 million or those for blended families
- Powers of attorney
- Beneficiary designations
- Advanced medical directives
- Asset-specific instructions, such as handling reverse mortgages, partition sales for co-owned land and property tax strategies
- Special provisions for unequal distributions to heirs or directives for collections, such as firearms requiring permits
What Should You Look for in an Estate Planning Attorney in Hampton, VA?
When looking for a Hampton estate planning attorney, you should look for certain factors, including but not limited to:
- Experience, including probate avoidance and partition lawsuits
- Compassion
- Local knowledge, including familiarity with Hampton’s tax sale processes and probate clerk procedures
- Attention to detail
Our Hampton Roads Will and Estate Planning Lawyers Are Here to Help You and Your Family
When you are ready to set up a will, create an estate plan, or update your will or estate plan, contact an experienced estate planning attorney at Virginia Beach Law Group at 757-486-4529 for a consultation. You can also complete our online contact form to schedule a consultation.
