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Wills

Virginia Will Attorney

Your Trusted Partner Serving Northern Virginia, Washington, D.C. & 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. With a broad understanding of legal frameworks, we tailor our services to align with your personal and financial goals, ensuring a comprehensive strategy for asset preservation.

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

Why Are Wills Important?

A will is a legal document that directs how your assets will 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. In addition, a meticulously crafted will delineates your wishes clearly, mitigating potential disputes among beneficiaries.

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, providing peace of mind that your personal preferences will be respected and executed as intended, highlighting its crucial role in end-of-life planning.

Local Considerations for Estate Planning in Virginia

Virginia law offers unique aspects that should be considered when planning your estate. The state follows specific procedures for probate, including the appointment of an executor, estate inventory, and asset valuation. Understanding these requirements can help streamline the probate process, avoiding delays and additional costs. Residents of Virginia Beach should also be aware of local property laws and any tax implications that may affect inheritance and asset distribution. Consulting with a wills attorney in Virginia Beach who is familiar with local statutes can ensure your estate plan is comprehensive and compliant with state laws, providing greater clarity and security for your beneficiaries.

The Role of a Wills & Trusts Lawyer in Virginia Beach

A wills and trusts lawyer plays a significant role in safeguarding your estate. They provide legal guidance on the best ways to structure your will or trust, ensuring your assets are protected and distributed according to your wishes. From drafting wills to managing trusts, their understanding of estate laws is vital in addressing any complexities that may arise.

Our team at J. S. Burton, P.L.C. is committed to ensuring every aspect of your estate plan reflects your intentions, reducing the risk of litigation or family disputes. We work closely with you to develop a tailored strategy that meets your specific needs, safeguarding your legacy for future generations.

What Happens If I Pass Without a Will in Virginia?

When an individual passes away without a valid will (intestate), state laws determine how their assets will be distributed. Virginia intestacy laws prioritize close family members as beneficiaries. Typically, the surviving spouse and children are the primary heirs. However, this legal arrangement might not reflect your personal wishes, especially in blended families or unique familial situations.

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. Without a surviving spouse or children, the assets pass to the decedent's parents. Specific measures exist for cases where the deceased individual leaves no living spouse, children, or parents, ensuring the estate is distributed following the law. Understanding these laws can help you see the importance of a will in maintaining control over your asset distribution.

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 Beach at J. S. Burton, P.L.C. can help navigate these complexities, providing guidance that ensures your intentions are made clear and legally binding.

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

Frequently Asked Questions

What Is the Difference Between a Will & a Trust?

While both a will and a trust distribute your assets, they function in distinct ways. A will dictates the distribution of your assets and appoints guardians for minors, taking effect only after your death and through probate. In contrast, a trust can manage and distribute your assets during your lifetime and after death, often allowing beneficiaries to avoid probate. Trusts offer privacy and, depending on the type, can provide tax benefits and asset protection. Understanding these distinctions is crucial in deciding which is best for your estate plan. Our Virginia Beach wills and trusts lawyer can help assess your needs and options.

How Often Should I Update My Will in Virginia Beach?

Regularly updating your will is essential to reflect your current wishes and circumstances accurately. Significant life events, such as marriage, divorce, the birth of a child, or the acquisition of substantial assets, typically warrant a review and potential update of your will. Legal changes in estate laws can also impact your estate plan's effectiveness, making periodic reviews with a Virginia Beach will attorney advisable. J. S. Burton, P.L.C. recommends revisiting your will every few years or whenever major life changes occur to keep your estate plan current and comprehensive.

Can I Write My Own Will, or Do I Need a Lawyer?

While it is legally permissible to write your own will, doing so could lead to complications and unintended consequences due to overlooked legal requirements. A self-written will might not comply with Virginia’s legal standards, resulting in invalidation or misinterpretation of your directives. Engaging a qualified wills lawyer ensures that your will meets all necessary legal criteria, minimizing potential disputes and securing your estate's proper distribution. Our team at J. S. Burton, P.L.C. provides detailed consultation to craft a will that articulates your intentions clearly and legally.

Opinions That Matter Most

Read What Our Former Clients Have to Say
    "An excellent estate planning attorney"
    Mr. Burton, Esq. is an excellent estate planning attorney and I recommend him with a 5 star rating. He is patient and answers all questions. His organization of the plan that he provided was in a binder and very complete.
    - Jeffrey S.
    "Very professional, friendly, thoughtful, and highly knowledgeable, Fallon expedited preparation and delivery of my documents. Overall, this was an awesome experience"

    I just had a great experience with this firm in preparing my estate planning documents. I needed to update some wishes and also ensure everything is in line for the state of Virginia, as I moved here from Pennsylvania. I worked with Fallon Francesca Whi

    - Wendy V.
    "I would highly recommend him."
    I have met with Mr Burton several times and always found him to be professional and personable
    - Bonnie T.
    "Highly recommended for estate planning"
    We were heard and guided to do the best for our families needs
    - Fred S.
    "Friendly and personable service."
    J S Burton, PLC has helped with my estate planning. All aspects of my trust are clearly defined in an easy-to-understand folder. They coordinated with my financial planner seamlessly. The staff is friendly and personable. I highly endorse J S Burton.
    - Elizabeth M.
    "Thorough, responsive, and knowledgeable. I highly recommend this firm!"
    Thorough, responsive, and knowledgeable. I highly recommend this firm!
    - Krystin R.
    "Truly impressive and caring."
    J S Burton, PLC has been our family's trusted estate planner for over 20 years. Their professionalism, knowledge, and dedication are unmatched. They guide us through complex decisions with ease and clarity, always with a personal approach.
    - Ryan D.
    "Highly skilled and compassionate."
    J S Burton, PLC is an excellent estate planning firm—highly skilled, knowledgeable, and experienced. They listened with great kindness, compassion, and courtesy. All questions were answered, and a perfect estate plan was created. Very happy!
    - Kathy R.

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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.

    • Why is it important to establish an estate plan?

      Sadly, many individuals don’t engage in formal estate planning because they don’t think that they have “a lot of assets” or mistakenly believe that their assets will be automatically shared among their children upon their passing. If you don’t make proper legal arrangements for the management of your assets and affairs after your passing, the state’s intestacy laws will take over upon your death. This often results in the wrong people getting your assets as well as higher estate taxes.

      If you pass away without establishing an estate plan, your estate would undergo probate, a public, court-supervised proceeding. Probate can be expensive and tie up the assets of the deceased for a prolonged period before beneficiaries can receive them. Even worse, your failure to outline your intentions through proper estate planning can tear apart your family as each person maneuvers to be appointed with the authority to manage your affairs. Further, it is not unusual for bitter family feuds to ensue over modest sums of money or a family heirloom.

    • What does my estate include?

      Your estate is simply everything that you own, anywhere in the world, including:

      • Your home or any other real estate that you own
      • Your business
      • Your share of any joint accounts
      • The full value of your retirement accounts
      • Any life insurance policies that you own
      • Any property owned by a trust, over which you have a significant control
    • 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.