Many people in Virginia are facing a daily crisis and financial struggle with the weight of overwhelming debt that may seem impossible to pay back. As late fees, interest charges and other expenses accumulate, these people may be looking for a solution or a way out...
Northern Virginia Law Blog
What you might expect if you die without a will
A will is one of the most common legal documents around. It serves the very useful purpose for the will's maker of expressing clearly to the state and to potential heirs how an estate should be handled upon the author's death.Many would likely agree that a will is...
How does bankruptcy affect your children?
Bankruptcy can be an intimidating process when you do not know what to expect. You worry about your current and future financial security, you worry about losing property, you worry about how you are going to rebuild your credit, and you may even wonder how it will...
Probate Shortcuts – Part 1 – Real Estate
Virginia offers a few shortcuts in probate that not every state offers. One such shortcut is if the only asset that needs to be probated is real estate in Virginia. That means all other assets either had a joint owner on them (for example, a joint bank account) or had...
TRANSFER ON DEATH DEEDS – A BENEFICIARY DESIGNATION FOR YOUR HOME
There are multiple ways to attempt to avoid probate including the use of beneficiary designations on life insurance policies, retirement accounts, and other similar accounts. Other ways to avoid probate are through joint ownership, however, joint ownership may not be...
WHAT HAPPENS IF I DON’T HAVE A WILL?
I have had many people ask me - what happens if I don't have a Will? Well, the simple answer is that your assets will pass per the intestate law in Virginia, which is found in Virginia Code 64.2-200 and 64.2-201.What that code section states is the following order of...
ARE “IN LAWS” ENTITLED TO A PORTION OF MY ESTATE?
The following question was asked on Avvo.com by a person in Roanoke, Virginia:"Is my wife's sister's husband entitled to assets from her brother's estate? My wife's brother passed away without a will, he was divorced for 35 years and had no children. His only...
GUARDIANS FOR YOUR MINOR CHILDREN
Most parents understand how important it is to name Guardians for their minor children through a Will for the unfortunate situation of both parents passing away. However, many parents put off doing their Wills because they believe that their extended families will...
Probate – What is Involved and Can I Avoid It?
Many people believe that having a Will avoids the probate process entirely. Unfortunately, those individuals are mistaken. Every person should have a Will in their estate plan in order to name a person to handle your estate when you pass away (Executor); state how...
Why You Should Know About Portability in Estate Planning and Estate Administration
What is Portability? Portability first came into play at the end of 2010 with the passage of the Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010. Then at the beginning of 2013, with the passage of the American Taxpayer Relief Act...


