Key Takeaways:
- Having a will, power of attorney, and an advance medical directive is a benefit and a kindness no matter how old you are.
- The best time to begin estate planning is right now.
- Conflicts almost always arise in cases where a person dies or becomes incapacitated without estate planning documents in place, as the state of Virginia is left to decide what happens.
- Working with an estate planning attorney in Virginia is the best way to approach your estate planning needs to avoid common errors and pitfalls.
Wills are more important than you might think, as being without one can lead to a lot of trouble down the road. In one instance, an elderly widower who lived far from his family suffered a medical emergency. It happened in a public place, so he was promptly taken to the hospital for treatment. Afterward, the hospital determined that he was unable to take care of himself, so they sought out his will to see who would act as his guardian. No will was found.
Without a will, the hospital staff was forced to petition the court to appoint a guardian. The court did just that, and the appointed guardian took control of the man’s life. Several years passed, and the man’s family discovered the accident and the appointed guardian. The family was understandably furious at the system for leaving them out, but it wasn’t the system’s fault, nor was it the hospital’s. The fault lay with the man, as he did not have an estate plan in place.
Without an estate plan, the risk of unhappiness for you and your family skyrockets. Learn how an estate planning lawyer serving Norfolk residents can help you and your loved ones establish a will, power of attorney, and an advance medical directive to keep your family and your assets safe.
Why Norfolk Residents Choose Our Law Firm
Virginia Beach Law Group works with a wide range of cases for people looking for estate planning solutions. Whether your family is straightforward or involves step family and divorcees, our experienced attorneys can help you protect yourself, your family, and your assets. Remember that if you wait until you need a will to get one, it’ll be too late.
Testimonials
Taylor R.: “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 toward 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 also 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!”
Najib K.: “I’ve worked with David Johnson on a personal case and have sent clients his way for years. He does amazing work and is a true professional. He is my go-to for all things related to estate planning.”
Robert R.: “Miss Benvenuto was very professional and courteous in preparing our wills for my wife and me. I highly recommend her for your legal needs in her area of expertise.”
You Need a Will, Power of Attorney, and an Advance Medical Directive
Having a will, power of attorney, and an advance medical directive in place is not only useful for you and your family, but it functions as a kindness to society. Most people pass away from old age rather than dying abruptly while young. That means everybody needs to consider the possibility of a future in which you cannot advocate for yourself.
You may need someone to take care of you, and you may not have the ability to communicate how you want that care to be carried out. Having a will, power of attorney, and an advance medical directive is the best way to leave legally valid instructions should that situation ever come. It is the only way to take control of your future and prevent others from having to make decisions on your behalf without your confidence. Think of it as a gift to leave behind to others.
The Pecking Order: What Happens When Someone Dies Without a Will in Virginia?
Without a will in Virginia, your assets will be distributed based on the following pecking order, which adheres to the line of succession:
- Spouse (Only one-third to the spouse if the deceased has children that are not the children of their spouse. The remaining two-thirds would go to their children.)
- Children
- Grandchildren or any other descendants
- Parents
- Siblings
- Siblings’ children
- Grandparents
- Aunts and uncles
- Cousins
- Great grandparents
- Great aunts and uncles
- Laughing heirs (Blood relatives who don’t really know who you are)
- Treasurer of Virginia
If this pecking order does not align with your personal wishes, you need to draft a will with help from an estate planning attorney.
Services That Our Wills and Estate Lawyers in Norfolk Provide
At Virginia Beach Law Group, our services include every aspect of the estate planning process. The sequence typically flows as follows:
- Initial consultation
- Intake worksheet
- Document preparation
- Guide of documents to ensure that wishes are properly represented
- Signing and notarizing of all documents in person at the office with witnesses present
Frequently Asked Questions About Wills and Estate Planning in Norfolk
Should I Work With a Wills and Trusts Lawyer in Norfolk?
Yes, you should always work with an estate planning lawyer that operates in your local area. Laws affecting estate planning can vary wildly based on the state you’re in, so people in Virginia will want to work with an attorney who is highly experienced in Virginia-specific estate planning. We have unfortunately seen estate planning documents prepared by out-of-state attorneys that simply do not work properly under Virginia law.
Is It a Felony to Hide a Will in Virginia?
It is, in fact, a felony to hide a will in Virginia. Specifically, this refers to intentionally hiding the details of a will because you prefer the intestate plan over the plan detailed in the will.
What Is the Difference Between Testate and Intestate?
Testate means that a person died with a will in place, while intestate means that a person died without a will in place. In testate cases, the wishes as detailed in the will are carried out. In intestate cases, the standard Virginia pecking order plan is carried out.
Does My Child Need an Estate Plan Before Going to College?
Your child needs an estate plan as soon as possible, regardless of whether they’re going to college. It is never too early to have an estate plan that includes a will, power of attorney, and an advance medical directive. Emergency situations that leave people unable to make decisions for themselves can happen at any time, so having these documents ready beforehand ensures that important decisions won’t be left up to the wrong person.
When Is the Best Time to Begin Estate Planning?
The best time to begin estate planning is right now. Whether you are 18 or 98, having an estate plan in place lets you take control of how you and your family are taken care of in the event of your incapacitation or death. It is a kindness to society to have these documents in place to avoid the wrong people making decisions on your behalf and conflicts between people who think they know better.
What Is the Difference Between a Will and a Living Trust?
A will and a living trust are distinct documents, even though both may be included in an estate plan. A will goes into effect when a person dies, while a trust goes into effect when the grantor signs it. Everyone benefits from having a will, but not everyone will require a trust. In fact, people often regret the time and effort that goes into setting up a living trust when they realize they have a tractor-trailer-sized estate plan for a moped-sized estate.
More Questions? Read this: Virginia Wills and Estate Planning Questions and Answers
Plan Your Norfolk Estate With Virginia Beach Law Group
Virginia Beach Law Group can help with all of your estate planning needs to keep you, your family, and your assets safe should anything happen to you. Our experienced lawyers have spent their careers working with Virginia-specific estate planning laws, so you can approach your planning with confidence. Give us a call at 757-486-4529 or fill out our online contact form to begin with an initial consultation.
