Law Office of Rebecca L. EvansAnnandale Bankruptcy & Estate Planning Attorney2026-09-03T10:32:03Zhttps://www.deblaw.com/feed/atom/WordPressOn Behalf of Law Office of Rebecca L. Evans<![CDATA[Is it a bad idea to include a no-contest clause in a will?]]>https://www.deblaw.com/?p=481012026-09-01T10:33:06Z2026-09-03T10:32:03ZWhat is a no-contest clause?
Most people include a no-contest clause in their will to discourage their beneficiaries from challenging their will’s validity. If a beneficiary contests the will and loses, the clause typically dictates that they lose their inheritance or interest in the estate. During probate cases, Virginia courts generally enforce this clause.
When can it be a good idea?
In certain situations, it makes sense to have a no-contest clause. There are several practical reasons why adding this provision might protect your final wishes, such as:
You have a blended family with competing interests.
You know someone is likely to challenge your will.
You are trying to protect a vulnerable beneficiary.
Evaluating these factors helps ensure your assets go where you intend without unnecessary dispute.
When can it be a bad idea?
Failing to anticipate how your beneficiaries will react to a no-contest clause can lead to costly disputes. The clause is particularly problematic in the following scenarios:
You are worried about creating unnecessary resentment or damaging family relationships.
You want to ensure beneficiaries feel comfortable raising valid concerns about your will, without fearing forfeiture.
A beneficiary who hardly inherits anything has nothing to lose and therefore may not hesitate to challenge the will, claiming undue influence.
Weighing these potential downsides is essential before finalizing any restrictive terms in your legal documents.
How to decide if a no-contest clause is right for you
Deciding whether to include a no-contest clause requires a careful evaluation of your family dynamics and estate goals. Consulting an estate planning attorney can help you determine the best path forward for your legacy.]]>On Behalf of Law Office of Rebecca L. Evans<![CDATA[Does your business succession plan need equal involvement?]]>https://www.deblaw.com/?p=480932026-08-17T14:50:19Z2026-08-21T14:49:32ZWhen business owners are working on a succession plan, they often assume that the division should be equal between their family members.
For example, say that a business owner has three adult children and is including them all in the estate plan. At the same time, they may set up a business succession plan dividing ownership into thirds so that all of the children have to work together to run the business after their passing.This is certainly possible, but it is important to note that the succession plan does not have to be equal. Instead, many people focus on creating a plan that seems fair or that is in the best interests of the business, even if that leads to an unequal division of ownership.
Evaluating the next generation
One key thing is to consider the next generation carefully. For instance, perhaps one person already works at the business and has on-the-job experience. The other two have their own careers. A succession plan that leaves primary control and ownership to the person already working there may seem like a fair decision, even if it is not necessarily equal.Business owners also have to consider the skills and abilities that everyone is going to bring to the table. Just because someone is related to the business owner does not mean that they have the education or skills they will need to run that business in the future. It is important to pick a successor carefully to help the business remain strong and viable as ownership transfers down.This process will be unique from one case to the next, but it is important to remember that the succession plan does not have to split things up equally. Business owners who are creating a plan must know what legal steps to take.
]]>On Behalf of Law Office of Rebecca L. Evans<![CDATA[How durable powers of attorney help to protect people]]>https://www.deblaw.com/?p=480952026-08-17T14:50:11Z2026-08-20T14:49:31ZDurable documents persist during incapacitation
Standard powers of attorney lose their authority when the principal who signed the document dies or becomes permanently incapacitated. Durable power of attorney documents include additional language that ensures the authority granted to an agent or attorney-in-fact persists even when the principal experiences long-term or permanent incapacitation.
For those concerned about the loss of legal authority, medical care that violates their personal values or financial hardship in the event of an emergency or the worsening of their medical condition, durable powers of attorney can offer lasting peace of mind. Drafting durable powers of attorney can protect people from involuntary guardianship, financial losses and medical care that violates their personal morals.
Durable documents are an important inclusion in estate plans for those preparing for retirement or concerned about their medical issues worsening. Discussing medical and aging concerns with an estate planning attorney can help people craft powers of attorney that address all of their needs.]]>On Behalf of Law Office of Rebecca L. Evans<![CDATA[Should you include a no-contest clause in your will?]]>https://www.deblaw.com/?p=480992026-08-18T10:41:26Z2026-08-20T10:40:48ZWhat is a no-contest clause?
In plain terms, a no-contest clause is a provision in your will that usually reduces or completely forfeits your beneficiaries’ share of inheritance if they unsuccessfully challenge your will in court. While it may seem like a harsh clause, it is often a necessary estate planning tool to prevent lengthy family feuds.
Are no-contest clauses valid in Virginia?
No-contest clauses are generally valid and enforceable in Virginia. However, it is important to note that your beneficiaries may still attempt to challenge the will, as a no-contest clause acts more as a strategic deterrent than an absolute barrier to the courthouse.
If a beneficiary succeeds in proving that the will was the product of undue influence, fraud or lack of testamentary capacity, the court may declare the entire will or parts of it null and void, effectively removing the penalty for the challenger.
How a legal guide may help
Drafting a will is one of the most consequential events of your life and it is vital to ensure it is done correctly to avoid unnecessary chaos. Any ambiguity in the clause could escalate into unintended litigation. With an experienced estate planning attorney in your corner, you can draft a will with unambiguous language, secure your legacy and maintain peace among your beneficiaries.]]>On Behalf of Law Office of Rebecca L. Evans<![CDATA[Choosing a guardian for your minor child]]>https://www.deblaw.com/?p=480852026-08-13T08:41:27Z2026-08-20T08:40:57ZProtecting minor children is one of the objectives of estate planning. If you have a minor child, it’s crucial to name a guardian who will take care of them if you are unable to because of incapacitation or death.
Virginia law allows parents of a minor child to appoint two types of guardians by will - a guardian of the person and a guardian for the estate bequeathed to the child. The former will be responsible for the child’s daily care, and the latter will manage the child’s finances. Two people can assume these roles, or one person can do both.You want to be intentional about the guardian you name for your child since they will potentially raise your child to adulthood. Here is how you can do this:
Know the qualities to look for
Parents prioritize different qualities when looking for a guardian for their minor child. In addition to willingness to assume the role, parents often consider:
Shared values (educational beliefs, parenting style, religion and so on)
Financial stability
Age and health
An existing relationship with the child
Criminal history
Location
Take some time to identify the qualities you believe are crucial for raising your child, and then choose someone you believe is best suited for the role.
Have a conversation with them
Once you have narrowed it down to one or more people who possess the qualities you are looking for in a guardian, you should have a conversation with them. This helps you identify one who is willing and then start preparing them for the role.
Name alternate guardians
It’s recommended to name alternate (backup) guardians. By doing so, you get to retain control over who becomes guardian if the primary one is unable to serve.Nominating a guardian for a minor child is a crucial part of estate planning. Learn more to choose the most suitable party and document your choice.]]>On Behalf of Law Office of Rebecca L. Evans<![CDATA[Estate planning disputes aren’t always about money]]>https://www.deblaw.com/?p=480982026-08-17T14:50:06Z2026-08-19T14:49:30ZItems of sentimental value
That battered old doll that was a mother’s and her mother’s before that may be falling apart at the seams, but it still might carry great sentimental value to her two daughters. Maybe she promised it to each of them individually, or perhaps they just both expected to get it. Things could get ugly if there is no mention of what happens to it in the will.
The person who makes medical decisions
Naming a health care agent is wise when estate planning. They can coordinate with doctors if a person cannot. Without naming an agent and giving them power of attorney, family members might argue about what end-of-life treatment and who has the final say. It’s also wise to specify preferences in an advance health care directive.
Which will is the correct one
Some people make an official will and then make modifications as needed, while others have various versions that they never run by an attorney. Some might not even realize they have multiple versions or remember where they put them due to dementia or simple forgetfulness. That could create problems for surviving loved ones.
Careful consideration can help you create an estate plan that minimizes the risk of disputes. Seeking legal guidance can further increase the chance that your plan is implemented as you intend without unnecessary complications.]]>On Behalf of Law Office of Rebecca L. Evans<![CDATA[Choosing someone to manage your affairs]]>https://www.deblaw.com/?p=480872026-08-13T08:41:21Z2026-08-19T08:40:55ZMost people think that they will always be able to make decisions for themselves, but that’s not always how life works. All adults should think carefully about who will manage their affairs if they’re unable to do so themselves. This person should be given a power of attorney designation.
A power of attorney designation gives the person you name the ability to make decisions on your behalf if you become incapacitated. The powers they can oversee are financial and medical. You can have the same person named to both of those, or you can name a different person for each one.
Understand their responsibilities
Before you can decide who to name as the power of attorney for each of those areas, you need to understand what responsibilities they will have. The financial power of attorney will be able to pay your bills, manage your financial accounts and take care of your assets. They can buy or sell property or assets for you. The healthcare power of attorney will make all medical decisions for you. Ideally, you’ll have an advance directive, which is a written account of your medical wishes. The person you name as your power of attorney will make decisions that go beyond that written document.
Qualities to look for when naming someone
You need to name a person who will act in your best interests and respect your wishes. They need to be able to advocate on your behalf when you can’t do so yourself. They should be dependable and responsible.Power of attorney designations are only one part of a comprehensive estate plan. It’s critical to ensure that the other aspects of the estate plan are set in a way that accurately reflects your wishes and are legally conveyed.
]]>On Behalf of Law Office of Rebecca L. Evans<![CDATA[Getting divorced? It’s time to update your estate plan]]>https://www.deblaw.com/?p=480912026-08-14T13:05:41Z2026-08-18T13:05:18ZMany people created their estate plans while they are married. Their wills, trusts, powers of attorney and healthcare directives may name a spouse as a primary beneficiary, executor, trustee or decision-maker. After a divorce, those designations may no longer reflect the individual's wishes.
Divorce affects far more than a person's marital status. It can reshape finances, family relationships and long-term goals. One task that is often overlooked during this transition is updating an estate plan. Unfortunately, failing to review estate planning documents after a divorce can lead to unintended consequences and unnecessary complications for loved ones.
Primary concerns
A will is often the first document that should be reviewed in the wake of a decision to divorce. Even in states where divorce automatically revokes certain provisions benefiting a former spouse, relying on default legal rules is rarely the best approach. Updating a will allows a person to clearly identify who should inherit assets and who should manage their estate.Trusts should also be examined carefully. Depending on the type of trust at issue and its terms, a former spouse may still have rights or responsibilities that require modification. Trust amendments or restatements may be necessary to align the document with one’s current goals.Beneficiary designations may also need to be addressed. Retirement accounts, life insurance policies and payable-on-death financial accounts often pass directly to named beneficiaries, regardless of what a will says. Many people are surprised to learn that an outdated beneficiary designation can sometimes override other estate planning documents.Powers of attorney and healthcare directives deserve attention as well. If a former spouse is named to make financial or medical decisions during incapacity, that arrangement may no longer be desirable. New documents can appoint trusted family members, friends or other individuals to serve in those roles.Parents of minor children may also want to revisit guardianship provisions and trust arrangements designed to benefit their children. A divorce often changes financial circumstances and may require adjustments to existing plans.Estate planning is not a one-time event. Major life changes such as marriage, divorce, births and deaths should trigger a review of existing documents. What made sense years ago may no longer reflect a person's priorities or family structure, and that’s okay.
]]>On Behalf of Law Office of Rebecca L. Evans<![CDATA[How to talk with your family about your estate plan wishes]]>https://www.deblaw.com/?p=480892026-08-13T08:41:15Z2026-08-18T08:40:53ZGetting your estate plan together takes a lot of thought because you likely want to make sure that you have everything set up just right. Your effort may not end there. It’s usually a good idea to discuss the plan with your loved ones so there’s no confusion later.
When you’re ready to talk to them about your estate plan, choose a calm time in a quiet place. This is a discussion that might be emotional, so it’s not something that you should do in public or when the conversation might be rushed.
Plan what you want to say
It’s a good idea to have the estate plan with you so you can refer to it and ensure that you’re providing the proper information. Before you meet with them, you may want to make a note about what you want to talk about. This should at least include the general structure of the plan, who will handle the estate and how medical decisions will be made.
Prepare to discuss your specific wishes
You may need to take a little time to discuss things that might lead to disagreements. For example, if you leave your granddaughter the stained glass butterfly from your kitchen, you may want to explain why if that’s something that everyone will fight over because of the sentimental value.
Be ready to answer questions
Your loved ones may have questions about your estate plan. This might have to do with exactly how you want certain things to be handled or why you made the choices you made. Being ready to answer those can help you to clarify while you still can. Ensuring your estate plan is legally binding is important. This is your chance to make sure that your wishes are followed. Working with someone familiar with estate planning and how you should set up yours is beneficial. ]]>On Behalf of Law Office of Rebecca L. Evans<![CDATA[Why durable powers of attorney are important as people age]]>https://www.deblaw.com/?p=480902026-08-13T08:41:10Z2026-08-17T08:40:51ZDurable documents persist despite incapacity
Basic power of attorney documents may lose their authority when a person becomes permanently incapacitated. If an individual is in a coma and never wakes up, if they develop dementia or if they have a serious brain injury that diminishes their cognitive capabilities, the courts may determine that they have become permanently incapacitated.
Traditional financial powers of attorney may not serve their intended function in that scenario. Durable powers of attorney include special language that empowers the agent even in the event of long-term or permanent incapacity. They remain in effect until the principal dies, recovers or revokes the document.
For those at risk of cognitive decline or medical emergencies, durable powers of attorney are important inclusions in comprehensive estate plans. Discussing medical and financial needs with an estate planning attorney can help people create powers of attorney designed to protect them in a variety of different challenging situations.]]>