Most of what we think about when we hear the words “estate planning” is how our property and assets will be distributed after we pass on from this earth. Some of your estate plan, however, needs to address exactly how you want to be medically treated while you are still alive but unable to make decisions or communicate those wishes. For these unique situations, you need to strongly consider making an advance Read More
Don’t Forget About Planning For Your Digital Assets!
Estate planning has evolved in the past 5-10 years to necessitate a hard look at one’s digital assets. Early adopters are no longer the only ones with social media profiles and online banking accounts; as you drill down on your estate plan and draft your Last Will and Testament, don’t neglect to make a plan for your online records. We’ll go over the key points Virginians need to address when it comes to plan for Read More
Guardianship vs. Conservatorship in Virginia
It can be difficult to know what your job as a caregiver means in the eye of the law. If you have a disabled child who is about to turn 18 or you are caring for an adult who has become incapacitated, you may need to obtain legal authority to continue providing for their needs. You may have heard of terms like guardianship and conservatorship, but you may not know what they actually mean. To add to the confusion, the Read More
Who Will Take Care of Your Children in Your Absence?
Seeing the birth of your first child probably resulted in a sudden and substantial maturation on your part. Apart from the baby food, diapers, and putting a roof over your little one’s head, it is also important to find time to draft an estate plan. This plan should, at the very least, contain your Last Will and Testament so your property goes to your intended beneficiaries. That’s not the principal reason you need Read More
Minor Children and Estate Planning: What’s the State of Your Financial Plans?
Chaotic situations, like the one the country is going through with the coronavirus pandemic, have a tendency to sharpen everyone’s focus on the things that truly matter to us. An uncomfortable truth COVID-19 has underscored is that tomorrow isn’t guaranteed. For those of us with minor children, we know how vital it is to make an estate plan that not only takes care of our assets when we’re gone but, also, makes sure Read More
Virginia Red Flag Law
One notable law that recently went into effect in the Commonwealth of Virginia is the Extreme Risk Protective Order, which is the state’s version of the commonly-referred-to “Red Flag Law,” which 19 other states currently have some version of. This law is aimed at certain individuals who pose a “substantial risk of personal injury to himself or others in the near future by such person's possession or acquisition of a Read More
4 Major Updates to Virginia Criminal Law
The most recent legislative session in Virginia was a busy one. Among the many bills eventually signed into law were a number of changes to state criminal law—some of which made headlines across the country. Norton Pelt has outlined four notable changes that recently went into effect (on July 1). 1. As of July 1, marijuana is decriminalized in the commonwealth. It is still not fully legal to possess and use Read More
Should You Place Your Home in a Living Trust?
For many people, their home is the most significant asset they own. Because of this, homeowners are often eager to pass houses to their children, grandchildren, and other loved ones as part of their estate plan. A common way for people to accomplish this is by transferring their home into a living trust. In addition to controlling who benefits from the house after your death, a living trust helps to provide for Read More
What Does Shared Physical Custody Look Like?
The most emotional (and important) part of any divorce is the question of the custody of the children. There are many considerations a court must weigh when deciding on the optimal time-sharing arrangements in a particular case, all based on the “best interests” of the children. Generally, though, physical custody will fall under “primary” or “joint” custody, with the latter sometimes being referred to as “shared” Read More
For Mothers: How To Get Physical Custody of Your Children
The question of child custody is often the most sensitive and delicate part of any separation. A considerable amount of thought and consideration goes into creating a custody and visitation arrangement that, ultimately, is in the children’s “best interests.” It is not uncommon, though, for certain parts of the agreement to be revisited from time to time. If the circumstances of you, your children, or the other Read More