Frequently Asked Questions
Clear answers to the estate planning, elder law, and probate questions we hear most.
Are there local businesses in Winchester you would refer to for services related to Estate Planning?
Yes. If you’re in need of a real estate agent, we have a strong list of excellent real estate agents we can recommend, depending on the property or type of person you’d like to…
Read Answer →Will and TrustCan I serve as my own Trustee of a Revocable Trust?
You can serve as your own Trustee, but we recommend appointing a Successor Trustee to manage the assets if you become unable to manage them yourself.
Read Answer →Will and TrustDo I need a Will or Living Trust?
Everyone over 18 needs a Will. However, Trusts—including Living Trusts—may not be appropriate for all individuals. Consult a law firm experienced in Wills and Trusts to…
Read Answer →Will and TrustDo I need a Will or Trust?
A Will is a foundational Estate Planning tool. Anyone who is at least 18 years old can benefit from having a Will, which is where you can pass on any property to your…
Read Answer →Estate PlanningDo I need an estate planning attorney?
Whether or not you need an estate planning/practice-areas/estate-planning/ lawyer to help depends on the extent and complexity of your assets and intentions regarding…
Read Answer →Estate AdministrationDo I need to file the Affidavit of Notice if I am the Fiduciary and sole Heir/Beneficiary?
As the Fiduciary and sole Heir, you may still need to file the Affidavit of Noticehttps://www.vacourts.gov/forms/circuit/cc1617.pdf depending on the requirements outlined in…
Read Answer →Estate PlanningDoes Virginia require Estate Planning attorneys to draft Trusts?
While you are not legally required to hire an attorney to draft Trusts in Virginia, it is wise to consult a qualified attorney to comply with all legal requirements and create…
Read Answer →Estate PlanningEstate Planning Checklist
Everyone should have a great estate plan—no matter what your age or financial situation. This is the legal documentation that helps those around you know and understand your…
Read Answer →Estate PlanningEstate Planning: 7 Things to Do Before You Die
No one wants to think about death, especially not their own. However, taking a few measures now can significantly alleviate the financial and emotional burden for your loved…
Read Answer →Will and TrustGet Wills & Trusts from Trusted Winchester Attorneys
Our first step will be to determine whether or not you require a simple Will or both a Will and a Trust. In order to determine which estate plan is the most appropriate, we…
Read Answer →Estate PlanningGlossary of Estate Planning Terms
- Beneficiary: The person or entity who receives property in accordance with a will, trust, insurance policy, retirement account, or other third-party beneficiary contract. -…
Read Answer →Estate PlanningHow can Trusts assist with Estate Planning?
Trusts can be an important tool in Estate Planning. They allow you to manage and distribute your assets in accordance with your wishes and provide for the needs of your…
Read Answer →GeneralHow do I get a Health Care Proxy?
All competent adults, ages 18 years or older, can appoint a Health Care Agent by signing a form called a Health Care Proxy. You don’t need a lawyer or notary, just two adult…
Read Answer →Real EstateHow do your services help sellers?
We coordinate all the aspects of the sale, so there’s very little that the seller has to do or worry about. This includes contacting their lender to order a payoff or mortgage,…
Read Answer →Elder LawHow does Medicaid Planning work for Virginia seniors?
In Virginia, Medicaid planning involves structuring assets and income to qualify for benefits while preserving assets for the individual or their Heirs. Strategies may include…
Read Answer →Will and TrustHow often should Wills be updated?
Life's inevitable changes, such as a new baby, a divorce, the purchase of a new property, or the end of a relationship demand regular updates to your Will to align it with your…
Read Answer →Will and TrustIs a Holographic Will legal?
State law allows Holographic Wills, which are Wills entirely handwritten and signed by the Testator. However, the Testator, the individual creating the Holographic Will, must…
Read Answer →Will and TrustIs a Trust better than a Will?
Because each legal instrument serves a specific purpose, it's not really a question of which one is better. While everyone over 18 should have a Will, Trusts may not be…
Read Answer →Powers of AttorneyWe Handle Powers of Attorney
This instrument appoints individuals who will make financial decisions during times of absence or incapacitation.
Read Answer →Estate PlanningWe Help with Health Care Directives
Another important reason to meet with an estate planning/practice-areas/estate-planning/ lawyer is to establish health care directives. This is a legal document that states…
Read Answer →GeneralWhat are Examples of Non-Probatable Assets?
Virginia considers certain assets non-probatable, including:
Read Answer →Estate AdministrationWhat are some common procedural questions related to Estate administration?
Common procedural questions pertain to filing tax returns, paying debts, and claiming and understanding the basic steps involved in probating a Will. A Trust and Will attorney…
Read Answer →Will and TrustWhat are the Differences between Wills and Trusts?
Trusts and Wills serve different purposes in Estate Planning. Trusts can often avoid Probate courts, provide privacy, and offer more control over the distribution of assets to…
Read Answer →Real EstateWhat are the top three services you provide to buyers?
- We coordinate all of the aspects of their purchase with the seller, their lender, and their real estate agents to make sure that everything’s taken care of when they arrive…
Read Answer →Will and TrustWhat assets can be placed in Trusts?
You can place many kinds of assets in Trusts, including real estate, stocks, bonds, and bank accounts
Read Answer →Estate PlanningWhat Documents Do I Need for Proper Estate Planning?
A Will is a foundational document in Estate Planning. Depending on the needs and goals of the individual, comprehensive Estate Planning may also include an Advance Medical…
Read Answer →Will and TrustWhat Does it Mean to be an Executor of a Will in Virginia?
Let’s start with basic definitions. A will is a legal document expressing a person’s wishes regarding how their property and assets will be distributed after passing. A will…
Read Answer →Will and TrustWhat happens when people die without Trusts or Wills?
If you die without a Trust or a Will, your assets will be distributed according to Virginia's intestacy laws/blog/what-happens-if-you-die-without-a-will-in-virginia/, which may…
Read Answer →GeneralWhat is a health care proxy?
A health care proxy or agent has the authority to make medical decisions in cases where a person is rendered incapable of making his or her own decisions.
Read Answer →Will and TrustWhat is a Living Will or an Advance Health Care Directive?
A Living Will or an Advance Healthcare Directive lets an individual state their wishes for end-of-life medical care if they become unable to communicate their decisions. It is…
Read Answer →Will and TrustWhat is a Living Will vs a Living Trust?
A Living Will, also known as an Advance Directive, specifies your preferences for medical treatment if you become incapacitated and unable to verbalize your choices. It enables…
Read Answer →Estate PlanningWhat is Estate Planning?
Estate Planning/practice-areas/estate-planning/ involves arranging for the management and distribution of your assets in the event of your death or incapacity. It typically…
Read Answer →Will and TrustWhat is the Difference between a Will and a Living Will?
While a Will primarily deals with the distribution of assets after death, a Living Will focuses on healthcare decisions and end-of-life care preferences while the individual is…
Read Answer →Estate AdministrationWhat is the difference between an Estate Administrator and an Executor
Although the roles of Estate Administrator and Executor are often confused when discussing Estate Administration, they serve distinct purposes. The court typically appoints an…
Read Answer →Elder LawWhat is the difference between Guardianship and Conservatorship in Virginia?
In Virginia, Guardianships and Conservatorships are legal arrangements that involve decision-making authority for individuals who are unable to care for themselves or manage…
Read Answer →Estate PlanningWhat is the estate planning attorney's role?
A lawyer’s role in estate planning/practice-areas/estate-planning/ "estate planning" involves advising clients as to the options available and recommendations to accomplish…
Read Answer →Estate PlanningWhat is the Role of Powers of Attorney in Estate Planning?
Powers of Attorney POA grant authority to appointed individuals to act on behalf of the Principal in financial and healthcare matters.
Read Answer →Elder LawWhat legal documents are essential for Virginia seniors?
Seniors in Virginia should consider crucial legal documents for Estate Planning, including a Will, Power of Attorney, Advanced Medical Directive, and possibly a Trust,…
Read Answer →Will and TrustWhat offers more benefits, a Will or a Trust?
Trusts can offer several advantages over a Will, including avoiding probate, providing greater control over the distribution of your assets, and potentially protecting your…
Read Answer →Estate AdministrationWhat terms are involved in the administration of Estates?
Terms involved in the administration of Estates include Probate, Fiduciary, intestacy, and specific bequest. Probate is the legal process that determines the validity of a Will…
Read Answer →Estate PlanningWinchester Estate Attorneys: Taking Care of Your Estate Plan
Without the proper guidance and information, finding the right person to handle your assets is overwhelming. You need an estate attorney in Winchester you can trust to take…
Read Answer →Estate PlanningWinchester Estate Planning Services
When it comes to estate planning/practice-areas/estate-planning/, you want to identify the best course of action for yourself and your loved ones. With so many options, it’s…
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