Wills

Virginia Will Attorney

Serving Clients in Northern Virginia and Beyond

At J. S. Burton, P.L.C., we have been helping clients and their families for decades. We understand the importance of planning for the future, and we are here to help you with all of your estate planning needs.

Our wills lawyers in Virginia can help answer all of your questions. Contact us today at (888) 885-9001 to schedule an appointment.

What Is a Will?

A will is a legal document that directs how your assets are to be distributed after your death. You can also use a will to appoint a guardian to care for your minor children or appoint a personal representative to handle the administration of your estate.

A will can also contain provisions for funeral arrangements, organ donation, and whether or not you would like to be buried or cremated. A will is a flexible tool that can be customized to meet your needs.

What Happens if I Die Without a Will in Virginia?

When an individual passes away without a valid will (intestate), state laws determine how their assets will be distributed. The Virginia intestacy laws prioritize close family members as beneficiaries. Typically, the surviving spouse and children are the primary heirs.

If the deceased person has both a spouse and children, one-third of their assets are distributed to the spouse, and the remaining two-thirds are distributed to the children. If there are no children, the husband inherits the entire estate. In the absence of a surviving spouse or children, the assets pass to the decedent's parents. Specific measures exist for cases in which the deceased individual leaves no living spouse, children, or parents, ensuring that the estate is distributed in accordance with the law even in problematic situations.

Intestacy laws can become complex when there are blended families or adopted children. It's crucial for individuals to create a valid will to ensure their assets are distributed according to their wishes rather than default state laws. Consulting with a seasoned wills lawyer in Virginia at J. S. Burton, P.L.C. can help navigate these complexities.

For experienced guidance, speak with a knowledgeable Virginia wills attorney. Call us at (888) 885-9001 or contact us online.

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“Professional, courteous, vast knowledge and explanations were superior!”
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FAQs

What is estate planning?

When someone passes away, his or her property must somehow pass to another person. In the United States, any competent adult has the right to choose the manner in which his or her assets are distributed after his or her passing. (The main exception to this general rule involves what is called a spousal right of election which disallows the complete disinheritance of a spouse in most states.) A proper estate plan also involves strategies to minimize potential estate taxes and settlement costs as well as to coordinate what would happen with your home, your investments, your business, your life insurance, your employee benefits (such as a 401K plan), and other property in the event of death or disability. On the personal side, a good estate plan should include directions to carry out your wishes regarding health care matters, so that if you ever are unable to give the directions yourself, someone you know and trust can do that for you.
How do I name a guardian for my children?

If you have children under the age of eighteen, you should designate a person or persons to be appointed guardian(s) over their person and property. Of course, if a surviving parent lives with the minor children (and has custody over them), he or she automatically continues to remain their sole guardian. This is true despite the fact that others may be named as the guardian in your estate planning documents. You should name at least one alternate guardian in case the primary guardian cannot serve or is not appointed by the court.
When should a Special Needs Trust be established?

Generally, a Special Needs Trust should be established no later than the beneficiary’s 65th birthday. If you have a disabled or chronically ill beneficiary, you may want to consider establishing the Special Needs Trust at an early age. One benefit of having the Trust in place is that if the disabled beneficiary becomes the recipient of funds such as gifts, bequests or a settlement from a lawsuit, they can immediately be transferred to the Special Needs Trust without affecting that individual’s eligibility for government benefits.
What is a living will or advance medical directive?

A living will or advance medical directive informs others of your preferred medical treatment should you become permanently unconscious, terminally ill, or otherwise unable to make or communicate decisions regarding treatment. In conjunction with other estate planning tools, it can bring peace of mind and security while avoiding unnecessary expense and delay in the event of future incapacity.