Clients are frequently concerned about large taxes being assessed against an inheritance that their children receive.  The fact is, less than 1% of Americans are subject to federal estate tax.  Estates are subject to some other taxes, however. Federal Estate Tax The federal estate tax exemption in 2023 is $12.92 million, so every American can transfer $12.92 million in assets to their heirs without a dime paid in estate (transfer) taxes.  In addition, a married taxpayer can transfer unlimited assets to a spouse without paying an estate tax.  A married couple dying in 2023 c ..read more

Virginia Code Section 19.2-119 defines Bail as the pretrial release from custody upon terms specified by a judicial officer (magistrate or a judge). Locally, when a person is arrested for an offense that could result in jail time, they are taken in front of a magistrate to determine whether bail will be set. If the magistrate denies bail, the person will be taken in front of a judge within a reasonable time (not the same day) to have a “bail hearing” to determine whether to uphold the decision of the magistrate. If the charges brought begin in General District Court (GDC) or Juvenile Domestic ..read more

For any couple contemplating divorce, understanding the surrounding legal issues can be overwhelming, especially given the emotional strain caused by the event. Having an experienced Virginia divorce attorney to guide couples through this difficult process is essential. The following is an overview of the various issues that spouses will face when navigating the divorce process. In Virginia, divorces can either be contested or uncontested. If they are contested, adversarial proof is required. Virginia contested divorces involve disputes among the parties regarding any of the fol ..read more

When you discuss special needs planning, there is a lot of talk about special needs trust; however, a trust is just one tool. A special needs trust is designed to prevent disruption of benefits, while allowing an allocation of funds to pass to an individual with a disability to ensure needs are met beyond what benefits will otherwise provide. A true plan needs to encompass other levels of support beyond finances. Public Benefits Availability of benefits vary state-by-state. In Virginia, we utilize the My Life My Community waivers to provide care required to support an individual with a develop ..read more

An important part of the estate planning process involves selecting an individual to carry out your wishes in accordance with your estate plan. The individual(s) you select to serve as your fiduciary are important to the success of the estate plan and your estate in the long-term. What is the difference between an executor, trustee, and agent? Before you select an individual to serve in these roles, it is very important that you understand what responsibilities are required of each position. An executor, trustee, and agent are fiduciaries who work for the benefit of the person who appointed th ..read more

Guardianship is a legal arrangement in which an adult is appointed to manage the affairs of another adult because they are incapable of doing so for themselves. The person who cannot manage their own affairs is referred to as the “incapacitated person,” and the adult appointed to manage their legal affairs is referred to as a “guardian” or “conservator.” This type of arrangement differs from that of child custody as it involves an individual who is at least 18 years of age. However, parents should understand that if they are the parent of a disabled child, they may also need to be appointed as ..read more

The Commonwealth of Virginia defines assault as an overt act intended to do bodily harm to another individual with a present ability to do such harm or an act intended to place another individual in fear or apprehension of bodily harm. A criminal defense attorney can assist with any assault charge. What is the Difference Between Simple Assault and Assault and Battery in Virginia? Although these two terms are very similar in nature, they both have different legal definitions. Both are generally considered to be misdemeanor crimes, although if the victim of a simple assault was selected based on ..read more

Undivided real estate is the term used when two or more individuals have an interest in a property under the same title. The undivided interest pertains to the entire property, whereas each of the individuals shares equal rights to the property. As such, each individual has the legal right to use or possess the property. However, this does not mean one of the holders of the property cannot sell, obtain a mortgage, or convey any portion of the property without the permission of all joint tenants. What Happens to a Jointly Owned Property in Virginia if One of the Owners Dies? In Virginia, it is ..read more

A revocable living trust is a trust document created by an individual that has the ability to be changed over time. This type of estate-planning tool is very useful as it helps the beneficiaries of the trust avoid probate and minimize the eventual estate taxes. It also is used to protect the privacy of both the owner of the trust as well as the beneficiaries. What Are the Benefits of a Revocable Living Trust? There are many benefits to a revocable trust that can be extremely valuable to you and your family. Unlike a will that only outlines how your estate should be distributed after you die, a ..read more

Reviewing and updating estate documents after any major life event, including divorce, is important to ensure that the documents reflect your current wishes. A divorce can impact your current estate plan and changes may need to be made and updated documents prepared to protect your interests. 1. Will Divorce does not invalidate a valid will. However, under Virginia law, if after making the will, the testator is divorced, the divorce revokes any disposition of property made by will to the former spouse, and the former spouse is treated as if he/she predeceased the testator.[1] This means that i ..read more