In the realm of healthcare directives and end-of-life planning, two terms that often arise are “living wills” and “do not resuscitate orders” (DNR). While these documents are related to end-of-life decisions, they serve different purposes and carry distinct legal implications. As an attorney specializing in estate planning, it’s crucial to clarify the differences between living […]
Author: skmaxwell
Understanding Springing vs. Immediately Effective Powers of Attorney
As an attorney specializing in estate planning, one of the crucial aspects I often discuss with my clients is the importance of establishing powers of attorney (POA). A power of attorney is a legal document that grants someone else the authority to make decisions on your behalf. However, not all POAs are created equal. There […]
Using a Small Estate Affidavit to Transfer Financial Accounts After Death in Virginia
Losing a loved one is a challenging experience, and dealing with their financial affairs can add to the complexity of the situation. In Virginia, if you’re handling a smaller estate, there’s a streamlined process known as the Small Estate Affidavit (SEA) that can make transferring financial accounts and assets more straightforward. In this blog post, […]
The Smart Choice: Living Trust vs. Testamentary Trust
As an estate planning attorney , I often encounter clients who are navigating the complexities of creating a trust for their assets. Two common types of trusts are the living trust and the testamentary trust. In this blog post, I’ll shed light on why a living trust is generally a better choice than a testamentary […]
When should a person make their Durable Powers of Attorney effective?
In the realm of legal planning, few instruments hold as much significance as the durable power of attorney. This document, which appoints another individual to handle your financial and legal matters, empowers you to proactively secure your interests. However, a critical question often arises: Should this authority be effective immediately or only upon certification of […]
Unveiling the Advantages of Revocable Living Trusts in Virginia
Introduction: Estate planning is an essential task that allows individuals to control the distribution of their assets and ensure their wishes are carried out after they pass away. In Virginia, one popular estate planning tool is the revocable living trust. Unlike a will, a revocable living trust offers several benefits that can provide individuals with […]
Age-Restricted Subtrusts within Revocable Living Trusts
Welcome to our comprehensive guide on age-restricted subtrusts within revocable living trusts. If you’re considering estate planning options to protect and manage assets for beneficiaries who are not yet ready to handle them, an age-restricted subtrust may be a viable solution. In this web page, we will provide you with a detailed understanding of age-restricted […]
The Virginia Probate Process
Virginia Probate Process: A Comprehensive Guide Welcome to our comprehensive guide on the Virginia probate process. Losing a loved one is a challenging and emotional time, and understanding the legal procedures involved can be overwhelming. This web page aims to provide you with a clear and concise overview of the probate process in Virginia, including […]