Wakefield Law Blog

When it comes to estate planning, everything can feel overwhelming.  We see clients stuck and unable to see a path forward for all kinds of reasons.  Whether it’s the discomfort of thinking about your mortality and how things will go for your family if you weren’t around, or the fact that the internet is throwing information out that can seem contradictory or just like it’s too much, we help navigate through all of that to make sure you and your family have the plan needed.  At Wakefield Law, we specialize in estate planning for families and individuals all over Virginia.  We prioritize protecting your family, avoiding probate, and planning for future generations – often, a trust is the perfect tool to exercise that control and give that elusive peace of mind about a troubling subject.

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At Wakefield Law, we help clients every day with their estate plans.  Something that we tell every client is that the estate planning landscape is always updating and changing.  In Virginia, across the country, and in our Northern Virginia community, recent legal updates and client trends have introduced important new facets that are relevant in estate planning – here are three major subjects that we are talking to clients about in our meetings:

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At Wakefield Law, we work with parents of minor children every day.  Making sure there is a safe place for minor children to go in the event of a catastrophe is one of the most important parts of the estate planning process.  Making plans for the “God-Forbids” is the most loving thing you can do for those close to you.  It involves some difficult decisions, particularly when it comes to the well-being of minor children, but it’s one of the only ways you can take unnecessary suffering from your loved ones if you’re not around anymore. This blog post will explore the importance of both permanent and temporary guardianship and highlight the need for a comprehensive estate plan to ensure your children’s needs are met immediately and efficiently.

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When most people think of estate planning, their minds immediately go to wills, trusts, and dividing up assets. These are critical parts of the estate planning process, but one of the most overlooked—yet deeply personal—aspects of estate planning is outlining your wishes for burial, cremation, or other funerary arrangements. This part of your plan may not affect your financial legacy, but it can have a profound emotional impact on your loved ones.

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Emergencies don’t wait until we’re ready. They can strike at any age and stage of life, and at Wakefield Law, we work with clients to make sure that if something unexpected occurs, the right people step up at the most critical time.  This post will focus on two critical documents, the Power of Attorney and an Advance Medical Directive. These are not just for the elderly or wealthy. They are essential tools for everyone.

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No one likes to sign (or even read) a long contract.  There can be a strong feeling that when doing business, it’s the honorable or trusting thing to do to just have a “handshake” deal.  It might feel like it’s avoiding a bunch of headache, but the truth of the matter is that it can often lead to the exact opposite.  When deals are agreed to orally, or if they are made up of emails and texts, the parties can often fail to see eye to eye.  Even worse, if one party does their end of the bargain, but the other party doesn’t, it can leave the party who did what they were supposed to do with little to no recourse in protecting their rights and interests.

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If you’re considering your estate planning options, you might think that having a will is all you need to ensure your assets are distributed according to your wishes. While a will is an essential legal document, in Virginia, it doesn’t do what many people think it does: avoid probate and guarantee fast transfer of assets to beneficiaries. In fact, a will is essentially your ticket to probate, and that process can be time-consuming, stressful, expensive, and public.

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With our clients at Wakefield Law, we always explain that estate planning is not a one-and-done process. It’s a dynamic process that should evolve with your life circumstances, changes in the law, and your personal wishes. Wills, Powers of Attorney, Advance Medical Directives, Trusts, and other estate planning documents require regular reviews to ensure your documents reflect your current intentions and comply with the latest legal requirements.

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Every business owner knows the frustration of unpaid invoices. The job is completed, your employees and company costs are all paid, but the customer has failed to pay the bill.  When accounts receivable start piling up, it can create serious cash flow problems, hinder growth, and even threaten the stability of your company. While many businesses attempt to handle collections internally, partnering with an experienced attorney can be a game-changer in recovering outstanding debts efficiently and professionally.

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At Wakefield Law, we speak with clients daily about what probate is.  When a loved one passes away, their estate often must go through a legal process known as probate. In Virginia, probate is the court-supervised procedure that ensures a deceased person's assets are distributed according to their will or state law if no will exists. This part is important – even if there is a well-written will, assets subject to the will must go through the full probate process before disposition to beneficiaries.  While probate serves an essential function, it is often an unpleasant, time-consuming, and expensive process. The good news is that careful estate planning can help you minimize or even avoid probate altogether by utilizing non-probate assets.

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Many people nowadays are preparing trusts.   We talk all the time about the benefits – probate avoidance, keeping everything together and in one asset location, legacy and asset protection with children, and much more.  However, what comes after you create your trust? How do you actually fund your trust once you’ve created it? Chances are, you don’t even know what I mean when I say “fund a trust.” Why? Because, in the estate planning conversation, there is so much discussion about 1) whether you need an estate plan, 2) whether you need a trust, and 3) how to use estate planning tools to protect your loved ones. Of course, these discussions are incredibly important. However, they tend to overshadow the next step. 

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In our practice, we get this question all the time.  Truthfully, we would ask the same questions if the situation were switched!  As you begin thinking about your estate plan, take some time to look for recommendations or check out Google reviews, but the most important thing will be setting up the meeting with your potential attorney to see if it’s a good fit.  Of course, price is a factor, but finding an attorney whose process and philosophy aligns with your goals is essential. Estate planning doesn’t need to be a painful process. In fact, it can be a gratifying, rewarding experience if you choose well.

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Are you or someone you love tying the knot in 2025?  Or, are you not so newlywed, but still have updating your will on the back burner?  Some of our clients have the misunderstanding that estate planning is only for the mega-wealthy or elderly.  We try to educate everyone that estate planning is for everyone – the process includes making sure you have documents drafted that will protect you and your loved ones in the most practical and conflict avoidant way possible.  So, if the question is whether newlyweds, or even long-term partnered couples that have not been married, need estate planning documents?  The short answer is YES – the most important considerations are not always who gets what when someone dies – they are often about making sure a fiancé, partner, or new spouse is solidified as their agent to make financial and medical decisions, instead of family members that would have been the default choice before partnering up. There can be horror stories in blended families or families where there are different surnames where the right person is not permitted to act.  Planning to avoid these situations is really important. 

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2025 is here!  Lots of our clients are looking at 2024 – what went wrong and what went right – one of the most important things to look at is how you did in collecting money from invoiced work.  Going over the books can be very helpful in seeing how the processes are working with your business – it also is hugely important to see what might be trending as a larger problem in the future.  Accounts receivable are a reality for every business.  If you’re lucky, maybe an unpaid debt is a very rare thing, but it comes up for every type of business, regardless of quality or organization. 

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Probate is a term that may be mysterious or sound daunting, and for good reason. It’s a legal process that can significantly impact how your affairs are handled after your passing. At Wakefield Law, we understand the complexities of probate in Virginia and are here to guide you through understanding it, its implications, and how to potentially avoid it. Let’s dive into what probate is, how it works, and why planning ahead can save your loved ones time, distress, and money.

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At Wakefield Law, when our clients come in, they often have preconceived notions about what estate planning is.  People hear the term "estate planning” and they often think of the wealthy or the elderly. However, estate planning is not just for the uber rich or those nearing retirement. It’s an essential process that ensures your wishes are respected, your loved ones are cared for, and potential complications are minimized—no matter your age or asset level. Here, we’ll explore the fundamental components of a comprehensive estate plan and why everyone should have one.

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As an estate planning lawyer, I am asked about probate and how to avoid it every day.  Before we talk about avoiding it, let’s make sure we know what it is.  Probate is the public legal process through which a deceased person’s estate is administered, debts are paid, and assets are distributed according to their will or state law (if they die intestate, meaning without a will). In Virginia, as in most states, the probate process is supervised by the Circuit Court in the county or city where the decedent resided. While probate is intended to ensure that the estate is properly managed and creditors are satisfied, it can be time-consuming, costly, and emotionally draining for loved ones. Many people think that a well-written will can assist in avoiding probate.  However, this is a misconception – a will is your ticket to probate court.  It’s the instruction manual for how probate will be administered.  For a complete probate, the minimum time that must elapse from when the probate is opened to when it’s closed is six months and one day.  However, with court process, conflict, and tax issues it can take much longer. 

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Collection methods for unpaid invoices aren’t what most people think of when they think about all the important parts of starting a new business.  Whether you’re creating a business or have a long-established business, making sure you have a clear process for closing invoices is vital.  When your business provides products or services and invoices clients without receiving payment, it can be a significant strain on your resources.  Every minute spent on trying to get the debt collected lowers the value of the money – if you spend too much time collecting money for work you’ve already performed, you’re not out there getting new business.

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