Unmarried couples living together, building lives together and even having families together is no longer unusual in the United States – it’s almost the norm. Roughly 7% of the adult population in this country is living with their unmarried partners, and 59% of all...
Estate Planning
The pros and cons of discussing your estate plan with others
Your estate plan is not just important to you but also to the people you included. Perhaps you named several close family members and friends as beneficiaries in your will. You likely have given the role of executor of the estate to someone you know. One of the...
Do children inherit their parents’ debt?
Adult children certainly can inherit their parents' assets. For instance, if your parents have made an estate plan, they may have left you and your siblings financial assets or tangible assets – like a small business or a family home. These things pass from one...
What is a DNR order?
A DNR order is a “Do Not Resuscitate order. This can be used as part of an estate plan. A person who has a DNR order on file does not want to be resuscitated by medical professionals when they stop breathing or when their heart stops beating. This typically means that...
The benefits and drawbacks of asset liquidation during probate
Some testators know what assets they wish to leave for specific family members. Their children may have already requested certain resources or heirlooms, or testators may make choices based on meaningful memories that they share with their beneficiaries. Others don't...
What happens if someone dies intestate in Virginia?
If someone dies without a valid will (intestate), the laws of the Commonwealth of Virginia will determine the heirs and how to distribute the estate fairly. Probate can be easier when there is a will, as the court will follow the decedent's written wishes. But the set...
Who gets paid first if the estate has insufficient funds to pay all debts?
Just as no one can predict death, no deceased individual could have anticipated leaving debts that their estate’s assets would not be able to cover. As unfortunate as it is for creditors and heirs, it is only realistic for the law to have the estate pay what it can to...
How to divide family heirlooms in your will
Family heirlooms hold not just monetary value, but also sentimental worth that can bind generations together – or tear them apart, if the recipients of those heirlooms can’t agree on how such items are to be handled. Deciding how to distribute family heirlooms in your...
How undue influence can be grounds for a will challenge
Will challenges are unusual in Virginia probate proceedings, but they do happen sometimes. One allowed reason to claim a will submitted in the decedent's name is invalid is known as "undue influence." Like any other legal document, the party signing their will must...
What happens if you die without a will in Virginia?
Having a properly executed will can give you peace of mind in knowing that your assets will pass down to the people you love according to your wishes when you die. This estate planning document specifies how you wish to have your estate preserved, managed and...

