Estate Planning
Estate Planning for Virginia Residents
What is Estate Planning? Estate planning refers to a set of legal documents that help ensure your wishes are known during your lifetime and after death. While every plan is different, most estate plans include one or more documents that address incapacity, asset distribution, and decision‑making authority.
Documents Used During Life (Incapacity Planning)
Incapacity planning addresses what happens if you are alive but unable to manage your own affairs due to illness, injury, or cognitive decline. Without a Power of Attorney and Advance Medical Direction, your family may be forced to go to court to get authority to help you.
Durable Power of Attorney
A Durable Power of Attorney allows you to choose someone you trust to handle financial matters on your behalf if you are unable to do so yourself.
This document can be used for temporary situations—such as travel or recovery from surgery—or longer‑term incapacity, including dementia. Because it is “durable,” it remains effective even if you later lose capacity.
While granting this authority can feel intimidating, it is one of the most effective ways to avoid a court‑appointed conservatorship and ensure your affairs are handled by someone you choose.
Advance Medical Directive
An Advance Medical Directive combines two documents related to medical decision-making:
A "Living Will" lets your doctors and family know what your wishes are regarding life prolonging procedures if your death is imminent or you are in a vegetative state with no chance of recovery.
A "Health Care Power of Attorney” appoints a Health Care Agent to make medical decisions on your behalf when you are unable to speak for yourself. This includes things like medical treatments and placement if a doctor thinks you cannot go home.
Frequently Asked Questions
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In Virginia, incapacity generally means a person is unable to understand or communicate decisions or manage their personal or financial affairs.
Who decides depends on the situation. If you have a properly written Power of Attorney or Advance Medical Directive, the documents usually explain how incapacity is determined—often based on input from one or more physicians.
Without these documents, a court may have to decide whether someone is incapacitated and appoint a conservator or guardian.
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One of the main differences between “durable’” and “springing” powers of attorney is whether someone needs to prove you are incapacitated before they can act.
A Durable Power of Attorney does not have a triggering event. As soon as you the sign the document, it can be used. There is no burden to prove incapacitation.
Elder Law Attorneys prefer this because we don’t know when or why your Power of Attorney may be needed, and a Durable Power of attorney gives the person you’ve named the ability to act quickly.
A Springing Power of Attorney defines a triggering event before it can be used. If that triggering event is incapacity, financial institutions often require written proof—such as a doctor’s certification—before accepting the document. This can cause delays at moments when authority is needed quickly.
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If you do not have a Power of Attorney—or if it does not cover the authority needed to do a certain act, the court may have to appoint a Conservator.
A Conservator is a court‑appointed individual responsible for managing your finances. Conservatorships are often expensive, time‑consuming, and involve ongoing court supervision. In most cases, having a properly drafted Power of Attorney allows families to avoid this process entirely.
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An Advance Medical Directive is a document that you sign and put into place yourself. However, if you do not have an Advance Medical Directive, someone may have to be appointed in a role titled “Guardian of your Person”.
Guardian of your Person is a court‑appointed individual responsible for overseeing your personal well‑being, including medical treatment and housing decisions.
Documents Used After You Pass Away
Wills and trusts outline your wishes once you pass away. Without a Will, your family may be forced to go to court to get authority to settle your estate.
Last Will and Testament
In Virginia, a Last Will and Testament allows you to control who receives your property, who handles your estate, and, if applicable, who cares for your minor children after your death.
Learn why you should meet with an attorney before you go to the court house!
Revocable Living Trusts
A Revocable Living Trust is often used to avoid probate, provide privacy, and manage assets for your beneficiaries over a period of time.
The type of trust our office prepares is a Revocable Living Trust, which may also be referred to as a “grantor trust,” “revocable trust,” or “living trust.”
How is it different than a will? Assets held by a trust will not be subject to probate. Another advantage to the revocable trust is that the terms of the trust will never be made known to the public.
Who needs a trust? A trust isn’t necessarily about how much money or real estate you have, it’s more about who is getting those assets and when they are getting them.
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Estate planning documents must comply with Virginia law to be effective. Online forms and templates are often generic, may rely on outdated information, or may not address Virginia‑specific requirements.
Working with a Virginia‑licensed attorney helps ensure your documents are properly drafted, executed, and coordinated with your overall plan.
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When you pass away, the original will is traditionally put on file at the courthouse and becomes public record. Recording the will can also kick-start the probate process.
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When you have a trust, you still need to have a will. A will that accompanies a trust is called a "pour-over" will because after payment of all expenses, it instructs that all of your assets will "pour over" into your revocable living trust. This document will only be used for assets that are not left directly to the trust. We go over funding your trust at your signing appointment.
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Under Virginia law, “descendants” generally include biological and legally adopted children. Step‑children are not automatically included unless they are legally adopted. Neither are your children’s spouses.
If you have children from a previous relationship or step‑children you wish to include, having clear estate planning documents is especially important.
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You can name a guardian for your minor children in your will.
Without an Estate Plan naming a guardian for your kids, the decision will be left to the courts.
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We provide two witnesses and a notary at your signing. Witnesses help confirm you’re acting of your own free will and are of sound mind, while a notary verifies the identity of you and the witnesses —adding an extra layer of protection to ensure your wishes are honored.
Real Estate and Business Planning
In some cases, estate planning overlaps with other legal needs. As part of our planning process, we may also assist with limited real estate or business‑related matters when they directly support your estate plan.
This can include:
Deeds or property transfers related to avoiding probate or funding a trust.
Basic business planning tied to probate avoidance or liability protection.
We do not offer broad real estate or business representation, but when these issues arise as part of estate planning, we can help guide you—or recommend trusted local professionals if needed.
Estate Planning is for everybody.
Let’s talk about which option is best for you!
Our Estate Planning Process
Planning for the future doesn’t have to feel overwhelming. We guide you through each step with clarity and care so you can make informed decisions and walk away with a plan you truly understand.
Initial Consultation
You’ll meet with Beth to discuss your goals, concerns, and priorities. She’ll walk you through your options, answer your questions, and gather the information needed to design your plan. You’ll leave with clear recommendations and a better understanding of the decisions ahead.
Engagement & Plan Overview
After your consultation, we’ll send you an engagement letter outlining your recommended plan and transparent pricing—so you know exactly what to expect before moving forward.
Drafting Your Documents
Once you’re ready to proceed, we begin drafting your documents based on your goals and preferences. When they’re ready, we’ll send them to you for review at your convenience.
Review & Revisions
Along with your drafts, you’ll receive a clear, easy-to-follow summary of your plan. You’ll have the opportunity to ask questions and request revisions, so everything feels right before signing.
Signing Meeting
When your documents are finalized, we’ll meet in person to review and sign everything together—ensuring every detail is properly completed and legally valid.
Guidance & Next Steps
You will take home your original documents. While we make copies of your plan, someone will walk you through important next steps—like how to store your documents, fund your trust (if applicable), and ensure your plan works exactly as intended.
Want to talk about more than your documents?
If you have questions about your estate planning documents and want to talk about asset protection or long‑term care options, our Elder Law Estate & Asset Review may be a good fit.
Ready to get started or have questions about what you need? We’re here to help you understand your options!