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If You Die Without a Will What Happens to Your Assets?

| Stephanie C. Smith |
Over the years, many clients, neighbors, friends, and family members have asked me what would happen to their assets if th…

Creditor Protection: How Married Couples Should Own Assets?

Tenants by the Entirety (T by E) is a form of ownership taken from “Common Law” (i.e., the law based on the legal traditio…

How Should I Plan My Out-of-State Real Estate Upon Death?

In Virginia, most people’s estates are probated in the city or county in which they lived at the time of their death…

Transferring a Guardianship to Another State

If you’ve been appointed as a guardian or conservator for an incapacitated adult, you’ve petitioned the court and obtained…

Make Sure to Check the E-File Status of Your Tax Return

| Nathan R. Olansen |
This is the unfortunate case of John Spottiswood and Nancy Miyasaki, a married couple seeking an abatement and refund of p…

Are Irrevocable Trusts Truly Irrevocable?

From 1987 through 2003, the federal estate tax exemption amount was between $600,000 and $1,000,000. This prompted many pe…

Must Retirement Accounts Be Used to Pay Debts After Death?

| Ann H. Larkin |
When a person dies owning a 401(k) or an IRA, must these accounts be used to pay the decedent’s debts, or are they exempt …

Estate Planning With Addiction or Mental Health Issues

Deciding what to do with your assets after you pass away can involve a series of difficult decisions. These decisions are …

Termination or Modification of a Guardianship in Virginia

As discussed in previous posts, for the purposes of guardianship and conservatorship, an “incapacitated person” means an a…
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