Six Estate Planning Documents Every Virginian Should Have

What will happen to your family in the event of your death?

Who will pay your bills if you are incapacitated?

Who will make your medical decisions if you cannot?

Death is inevitable, and without proper estate planning, the Commonwealth of Virginia will make the decision about what happens to your children and your assets.

But, Virginia estate planning isn't just about protecting your family and your belongings if the unthinkable happens. Estate planning is also about protecting your rights if you are ever unable to make decisions for yourself. This is why every Virginian over the age of eighteen, regardless of income, should consider the following documents:

•1. A Will: A Virginia last will and testament states who you would like to receive your personal belongings and assets. If you have any dependents, a will appoints a guardian for your minor children. In addition, a will names an executor who will manage your estate and take it through the probate process. In Virginia, the probate process is required of all estates worth over $15,000.00. The administrator will pay your debts and taxes and make sure that the wishes expressed in your will are followed after your death.

In some cases, a trust may be advisable in order to protect assets from taxes and avoid the probate process. A Virginia estate planning attorney can provide guidance about the best planning vehicle for your estate.

If a person dies without a will, Virginia State Law determines how the assets of the deceased are distributed.

  • a. All assets are given to the surviving spouse, unless there are children (or descendents of children) of someone other than the surviving spouse, such as children from a previous marriage. In that case, one-third of the assets go to the surviving spouse and the remaining two-thirds is divided equally among all children.
  • b. If there is no surviving spouse, assets are passed to the children and their descendents.
  • c. If there are no children or other descendents, all assets go to the parents of the deceased.
  • d. If there are no parents and no descendents, assets are passed to the siblings of the deceased.

  • 2. Statutory Durable Power of Attorney: A durable power of attorney appoints another person to legally handle your affairs should you become disabled or incapacitated. If you are ever seriously ill or injured in a car accident, you may not be able to pay bills or keep up with your financial obligations. A power of attorney allows a trusted friend or family to handle financial matters and access your financial accounts on your behalf.

  • 3. Medical Power of Attorney: A medical power of attorney grants another person the legal authority to make your medical decisions if you are ever unable to do so. If you give another person medical power of attorney, you will want to discuss your beliefs and wishes with this person advance so you can be sure they understand your desires.

  • 4. Advance Directive to Physicians or Virginia Living Will: An advance directive or living will protects your choices if you should become terminally ill or suffer from an irreversible medical condition. It allows you to express your beliefs regarding continued health care and/or life saving or life-extending measures.

  • 5. HIPPA Authorization Form: This document authorizes medical care providers such as doctors and hospitals to release your medical records to individuals that you specifically name in the document. Without a HIPPA release form, your spouse may or medical representative not be able to access your medical information.

  • 6. Designation of Guardian: A designation of guardian permits you to appoint a guardian for yourself in the event that you become incapacitated. It also allows you to prohibit anyone who you would not like as a guardian from taking that role should the need ever arise.

The Fairfax County estate planning lawyers at Vienna Law Group, P.C. are licensed to practice law in Virginia, the District of Columbia and Maryland. If you need legal assistance in any aspect of family or estate planning law and want a lawyer who can get results, contact our Virginia family law attorneys at 1-877-491-4LAW. We offer free consultations.




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