One of the goals of estate planning for many people is avoiding the need for their estate to go through a lengthy, costly probate. This is stressful for loved ones, it delays beneficiaries’ ability to get their inheritances and it makes the estate plan public for...
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Estate Planning
What constitutes an executor breach of fiduciary duty?
An executor of a will has significant responsibilities during probate. Some of their duties include asset management, debt and tax payment and distribution of the estate to the beneficiaries as specified in the will. While an executor is in charge of administering...
3 Tips for avoiding probate and better ensuring a smooth transfer of assets
Probate is the process that occurs after someone passes away, where their will (if available) is validated, debts are paid and assets are distributed according to the instructions in the will or, if there's no will, according to state law. Many people prefer to avoid...
When can families remove a personal representative?
The personal representative of a Virginia estate could be someone chosen by the decedent. Many people name a specific representative in their estate planning paperwork. Other times, the courts will appoint someone to oversee the probate process and uphold someone's...
Changing your child’s designated legal guardian
One of the things that motivates many younger adults to begin the estate planning process is the birth or adoption of a child. It is always wise to obtain or update wills when your first child comes along, so you can choose a legal guardian for them in case something...
What is a power of attorney?
Estate plans typically include a will that itemizes a testator's assets and a list of people who will inherit them. A will may also name an executor of the estate, who will perform all the necessary actions of preparing the estate for distribution, such as validating...
3 crucial estate planning steps for those about to divorce
The contents of your estate planning documents determine who acts on your behalf in an emergency and also your legacy when you die. If you have these documents in place, you likely put a lot of consideration into them, and so you might take for granted that you have...
It’s not too soon to start your estate planning
Estate planning is often associated with old age. However, it’s never too early to have an estate plan. Given the unpredictability of life, you are better off with a proper arrangement of how your affairs should be handled if you become incapacitated or no longer...
When can a last will and testament be contested?
A will is a key component of any estate plan. It can designate who will inherit assets once its creator has passed away. It can also serve other functions such as naming a legal guardian to look after young children after the deaths of their parents. However, a will...
Why creating your own will might be a bad idea
Nobody relishes the prospect of talking about death, and this is why many people avoid estate planning. Some people attempt to avoid the stress of confiding in family members and seeking assistance by drafting a will on their own. While this is legal in Virginia, is...