Charlottesville Wills, Trusts & Probate
Experienced Virginia Estate Attorneys—Wills, Trusts & Probate
What we do for estate planning clients
A comprehensive estate plan helps clients preserve for their loved ones the assets they have worked so hard to accumulate. Regardless of the size of your estate, a properly prepared estate plan will benefit you. An estate plan includes a will, power of attorney and medical directive. Depending on your circumstances, it may include a trust tailored to meet your needs.
Recent Awards and Recognition:
- Voted Charlottesville's "Favorite Law Firm," 2011 Daily Progress.
- Voted Charlottesville's "Best Of" Law Firm, 2011 C-Ville.
- Voted Charlottesville's "No.1 Family Lawyer," 2010 Albemarle Family Magazine.
- Recognized in BestAttorneyOnline.com for "Best Accident & Injury Law Firms" in Va.
- Recognized in Guaranteed Lawyers for our "Personal Injury Practice."
- Recognized in the Super Lawyers "Virginia Rising Stars" list.
- Listed in Martindale-Hubbell's 2011 "Directory of Distinguished Attorneys."
Our estate planning lawyers
| Mary Ann Barnes |  |
| Carol Caesar |  |
Frequently asked questions about Virginia estate planning
What is a will?
A will is a signed writing in which a person (often referred as the "testator") directs what is to be done with his or her property after death. Each state has its own very specific laws as to what is necessary for a will to be valid in that state.
Who may make a will?
Any mentally competent person who is a least eighteen years old may make a will. However, later proof of any fraud, duress, or undue influence by another person on the testator may cause the will to be invalid.
Who should have a will and why?
Every mentally competent adult should have a will. Here are a few of the reasons:
- You can direct how you want your property divided at your death.
- You can name the person you want to handle your estate (called the "executor" or "personal representative").
- You can reduce the expenses of administering your estate.
- You can save taxes.
- You can nominate a guardian for your minor children.
- You may provide for a trust for the support and education of your children without the necessity of costly court proceedings.
Must a will be witnessed? Must it be notarized?
In Virginia, the signing of a will must generally be witnessed by two competent persons, who also must sign the will in front of the testator. (An exception to the witness requirement is made if the testator writes out the entire will in his or her own handwriting and signs and dates it.)
Although the law does not require a will to be notarized, it is highly recommended practice followed by most lawyers. If the testator's and witnesses' signatures have been notarized, the will is presumed to be properly executed and is accepted by the court without testimony from the witnesses.
How long is a will valid?
Your will is valid until you revoke it, generally either by physical destruction (tearing or burning it up, for example) or by signing a superseding will or written revocation. However, if you get divorced after signing a will, the law may consider the will partially revoked with respect to your ex-spouse. Also, if you are married, your spouse may have rights in your estate regardless of what is provided in your will.
May a will be changed?
Your will does not take effect until you die; therefore, it can be changed at any time during your life as long as you are mentally competent. Traditionally, wills were changed by an amending instrument called a "codicil," but with the development of modern technology, it is usually better and just as easy to sign an entirely new will when you wish to make a change.
What happens if I don't have a will?
If you don't have a will, a state statute directs who will receive your property, regardless of your wishes. In Virginia, if you are married, your estate generally passes entirely to your surviving spouse; however, if you have surviving children or their descendants who are not also the children or their descendants of your surviving spouse, your children and their descendants divide two-thirds of your estate, and your spouse takes the other one-third.
Is joint ownership a substitute for a will?
In most cases, joint ownership is not an acceptable substitute for a will. Contrary to popular belief, joint ownership of assets between husband and wife may result in unnecessary estate taxes at the death of the survivor. Joint ownership between parent and child may foster disputes among family members and cause unexpected and unnecessary gift taxes.
Is a living trust a substitute for a will?
A funded revocable ("living") trust can be valuable and important part of the estate plan for many people, but it does not eliminate the need for a will. If you have a living trust, you will still need a will to dispose of the assets that have not or cannot be placed in a trust.
As useful as they are, living trusts are not appropriate for everyone. Only your lawyer can tell you if you should consider one, and only your lawyer should prepare it.
What is a durable power of attorney?
A power of attorney is a document you sign, while competent, that authorizes another person to act for you. That person is your agent and is allowed to act on your behalf. Your agent can sign any financial document that you personally have the power to sign.
What happens to my estate in Virginia if I die without a will and have minor children?
A guardian to care for the children will be appointed by the court. In respect to their inheritance, if a parent dies without a will, then the minor children would be entitled to receive their entire inheritance at age 18.
What is probate?
Probate is a legal process that takes place after someone dies. It includes:
- Identifying and inventorying the deceased person's property
- Having the property appraised
- Paying debts and taxes
- Providing the court with annual accountings
- Distributing the estate as the will (or state law, if there is no will) directs
Tucker Griffin Barnes also offers estate administrative services to handle the probate process.
Who should draft my will?
A person who drafts a will must be familiar with the law in order to avoid the many pitfalls and to comply with the formalities necessary to assure the will's validity. Only a practicing lawyer is professionally qualified to give you advice regarding your will, and only your lawyer should prepare it.
Are there any useful websites I should review?
What is your fee structure?
Estate planning services are handled on a flat-fee basis. Estate administration services are handled on an hourly basis. We offer an initial FREE telephone consultation.
Tucker Griffin Barnes - Where deep insight equals powerful advantage.
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Please contact Tucker Griffin Barnes in Charlottesville, VA, or Lake Monticello, VA, when you need legal advice. We have helped people in many areas of the law, including those injured in an automobile accident, car accident, tractor trailer and on the job.
We are a full-service law firm and represent clients in matters ranging from personal injury, workers compensation, and Social Security Disability to criminal law, divorce, and real estate.
Our geographic reach is broad. We provide legal services all over the state of Virginia, but especially to locations in our immediate area: Charlottesville, Crozet, Ruckersville, Earlysville, Scottsville, Lake Monticello, Palmyra, Stanardsville, Barboursville, Gordonsville, Waynesboro, Albemarle Co., Greene Co., Madison Co., Culpeper Co., Orange Co., Fluvanna Co., Louisa Co., Nelson Co. and Augusta Co.
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