Estate planning representation and Experienced family law:

Author name: mcdadm

A no-contest clause can help prevent a court challenge to a will or trust

An individual who is planning for their estate always wants to make sure that their will or trust will be valid in the courts and, in particular, that those estate-planning vehicles are not successfully challenged. The course of action that many people opt to take in order to avoid the latter outcome is to add […]

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It is important for individuals to name alternate beneficiaries when drafting a will

Much of estate planning, including the drafting of a will, involves preparing for different contingencies. One of the most important contingencies a person should make preparations for in a will is the possibility that the will writer may outlive one of his or her beneficiaries. One way to plan of this possibility is the naming

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Trusts are a trusted way of ensuring that an inheritance passes to children as intended

One of the most important decisions many people must make during estate planning is how to leave an inheritance for their children. One of the more popular and reliable vehicles for bequeathing property to children is through trusts. The consequences of not making arrangements for the proper management of an underage child’s inheritance could turn

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On Healthcare Decisions Day, consider creating an advance directive

April 16 marks the seventh annual Healthcare Decisions Day in the Commonwealth of Virginia. On that day, related events will raise public awareness of the need to plan ahead for healthcare decisions concerning end-of-life care and for medical issues in circumstances when patients are not able to speak for themselves. Accordingly, the occasion also encourages

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Prenuptial agreements can help couples protect separate assets

Asset preservation has become an increasingly important factor in marriage as well as estate planning, particularly as divorce and blended families become more common realities in the United States. The rising popularity of prenuptial agreements is a notable reflection of the changing matrimonial landscape in this country. In an October 2013 survey of 1,600 members

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When filing for a divorce, finding fault is not always necessary

If there was ever an appropriate circumstance, divorce proceedings would seem a prime candidate for an exercise in finger-pointing. However, legally speaking, there are situations in which spouses parting ways should seek what is known as a no-fault divorce. Traditionally, some sort of misconduct has formed the grounds for a divorce. But modern divorce laws

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As circumstances change, ‘Last Will and Testament’ may not be final word on an estate

“Last Will and Testament” is a popular title for the document in which a person, known as a testator, names one or more people to manage his or her estate and provides for the distribution of his or her property after death. But when a person’s life circumstances change, a “Last Will and Testament” may

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When a couple divorces, debts as well as property must be equitably divided

Marriage can be likened to a business contract, and when that contract is dissolved during a divorce the division of assets is an important and often contentious matter. But debts are an equally important matter to resolve when any contract, including marriage, terminates, as any debts a couple holds will also be allocated between the

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IRS offers holiday season tidings on tax exclusions estate planners should remember

The holiday season upon us, meaning that the remainder of the year will see a significant amount of purchasing and bestowing gifts. The spirit of giving is not lost upon the federal government, particularly regarding those gifts with significant valuations, or those bequeathed by an estate. Accordingly, the Internal Revenue Service has announced its gift

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Parental communication helps pave the way for a reasonable visitation schedule

When couples with irreconcilable differences end their marriage through a divorce, the bonds between the spouses are effectively severed. Each party can proceed with his or her life separately. However, if a soon-to-be-splitting couple has children, some level of communication between the parents will necessarily linger, particularly once child custody has been determined and reasonable

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