Wakefield Law Blog

Trusts are a incredibly versatile tool in estate planning.  Many of our clients work with us to develop trusts that will protect family from unnecessary court and conflict.  We also work with many clients who have had other lawyers or legal resources create a trust, and they are looking to us to review it and ensure it will do what it needs to do at the most critical time.  Estate plans can have one family trust or separate trusts, but once everything is signed, another critical phase is necessary!  That job is trust funding.   

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Everyone worries about how their family will fare if something happened to them.  There’s not a lot we can do to alleviate this concern, but one tangible and highly effective thing is careful estate planning. The subject of estate planning often isn’t taught or discussed in a traditional schooling environment.  Usually, hard experience and discomfort going through a challenging process after a loved one passes away is the only education our potential clients have had.  At Wakefield Law, we educate our clients about how having a well-structured estate plan is crucial for ensuring that your hard-earned assets are distributed as you intend and that your loved ones are protected. In Virginia, the probate process can be particularly challenging, which is why careful planning is essential to prevent your assets from getting tangled in the complex web of probate court. This blog delves into why wills and trusts are vital for families in Virginia and how you can ensure that your assets seamlessly pass to your heirs.

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No one wants or expects to get in an accident.  Car accidents happen to everyone, but there’s nothing like the feeling of getting hit by another car when they were at fault.  What’s worse, if you are injured through no fault of your own, you have to start taking steps to protect your rights and path to recovery. After an accident, medical bills pile up, you may be unable to work, and dealing with insurance companies can be a nightmare. During such a stressful time, your focus should be on healing.  Very often, we see that someone who has been in an accident is jeopardizing their rights without even knowing they are putting themselves at risk.  An off-handed conversation with an insurance agent or starting with medical care before having a comprehensive medical examination after an accident are some of many ways someone can put their rights at risk following an accident.  Having an experienced attorney by your side can make a significant difference in the outcome of your personal injury case and your peace of mind in a time where your physical and mental health should be the only priority.

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The estate planning discussion usually begins with, “I need a will,” or “my will is super old and out of date.”  Making sure your will is updated is important, but it’s a common misconception that a will is all you need to avoid probate court or to make sure your assets go to your loved ones smoothly after you die. While a will is an essential legal document, in Virginia, it doesn’t do what many people think it does: wills do not 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.

At Wakefield Law, we take time with prospective clients to explain the different types of documents and what they do.  We always say that understanding what the documents are and how to use them can be just as important as getting them prepared in the first place.

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It’s a conversation many families put off—sometimes for years. Talking with your parents about their estate plan can feel uncomfortable or even unnecessary, especially if everything seems to be in order or finances and death have been touchy or seldom discussed topics. From both a legal and practical standpoint, however, taking the time to check in now can save your family significant time, expense, and stress down the road. We regularly see how a simple, proactive conversation can make a meaningful difference when it matters most.  Unfortunately, many families wait until it’s too late and a parent is either incapable of making changes or has already passed away. 

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This week’s hypothetical is one that we see in practice all the time at Wakefield Law.  Many clients, or loved ones of clients, have gone through all the time and expense of working with an attorney to put together your estate plan with a family trust or separate trusts.  However, there is still a huge job left to handle!  That job is trust funding.   

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Starting a business can be overwhelming – there’s so much to do right when it begins.  There’s a business plan, finding customers, honing the product, hiring the right employees and supporting professionals (accountants, consultants, etc.).  One point that gets overlooked often is how the business needs to be set up from the start.  At Wakefield Law, we have been representing Virginia businesses for over thirty years. Of the hundreds of businesses we have represented during this time, we have seen every stage of business development. We’ve worked with companies from their fledgling months to those that have been around for generations. If we are lucky, we are offered a glimpse into a business before it has even begun. In these instances, we get to work with entrepreneurs and business-minded people to help them make smart choices for their business. Getting the business structure right from the start is one of the best ways to set your business up for success. 

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There’s no good time to get hit by another car – things can seem like a blur and worst case scenarios can run through your mind at a mile a minute.  What’s even worse is when there are injuries or serious damage to a car.   If you are experiencing pain, you can’t get to work because of a damaged vehicle or injuries, and/or the anxiety and mental toll after an accident is making it harder to order your thoughts and steps forward.  Most frequently, our clients at Wakefield Law have many things on their mind before thoughts about protecting a potential personal injury claim to receive compensation toward medical bills, lost wages, or pain and suffering.  It’s vital to find an attorney you trust to help work on first steps toward recovery and protecting your rights after an accident.  There are so many things to discuss on this topic, but here are three critical steps immediately after an accident to make sure you are protecting yourself and your rights:

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Very often, we’ve heard that estate planning sounds to clients like a process only for the super wealthy or elderly/ill.  While asset protection, legacy planning, and even tax planning are common subjects in estate planning, there is much more that applies to families just beginning their financial journey.  We talk about the “God-Forbids” with our clients every day.  Whether you are setting up Medical and Financial Powers of Attorney to ensure your trusted loved one can advocate for you in the event you are incapacitated or making arrangements to waive HIPAA for decision-makers, finances have their turn to take a back-seat in the comprehensive estate planning process.  One of the most important subjects we deal with is guardianship for minor children. This process involves some difficult decisions, but it’s one of the only ways you can take unnecessary suffering from your loved ones if you’re not around anymore. With our clients, we always stress that one of the most crucial steps you can take as a parent is to designate guardianship for your children in the event that you are no longer able to care for them.

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At Wakefield Law, we work every day to ensure our clients in Virginia have their estate document situation covered.  However, we also spend time educating clients about keeping “adult” children safe after they’ve left the nest. It seems strange to even consider estate planning as a factor to discuss with younger folks, or those who have just turned eighteen, but there are a couple of really important considerations for our college-aged children when they are leaving the nest. 

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For many clients we speak to, probate is an unpleasant surprise that arrives at the worst possible time. While they are grieving the loss of a loved one, they are suddenly faced with court filings, deadlines, legal fees, and months — sometimes years — of administrative work. The broad misunderstanding that we try to fix with education is that a will somehow avoids or simplifies probate, or that a surviving spouse will have an easy time with inheritance because they obviously should inherit from a deceased spouse.

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At Wakefield Law, we have the utmost respect for “do-it-yourself-ers” – however, when it comes to your personal injury case, having an experienced attorney on your side can be the only way you’ll get the financial recovery you deserve.  Accidents can turn your world upside down in an instant. Whether it’s a car crash, slip and fall, or any other type of accident, the aftermath can be overwhelming. Medical bills pile up, you may be unable to work, and dealing with insurance companies can be a nightmare. During such a stressful time, your focus should be on healing.  Very often, we see that someone who has been in an accident is jeopardizing their rights without even knowing they are putting themselves at risk.  An off-handed conversation with an insurance agent or starting with medical care before having a comprehensive medical examination after an accident are some of many ways someone can put their rights at risk following an accident.  Having an experienced attorney by your side can make a significant difference in the outcome of your personal injury case and your peace of mind in a time where your physical and mental health should be the only priority.

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Navigating the complexities of estate planning can be daunting, especially when it comes to addressing the sentimental and valuable personal property you wish to leave to your loved ones. Death and loss can often stir intense emotions and create conflicts among siblings and family members. One effective way to mitigate potential disputes is by clearly specifying which items go to which beneficiaries in your will or trust.

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                So often, when we think about estate planning, we think about the dying process – not a very comfortable subject to face.  While death and making sure you have a plan in place for what happens to your assets after you pass away is very important, it’s not the only subject we handle throughout the estate planning process.  The “life” side of estate planning is just as important when we are drafting your comprehensive plan.  Setting aside wills and trusts, the “life” side of estate planning generally focuses on a careful drafting of the following documents:

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In the moments and days after a car accident, it’s natural to want to update friends and family, share photos, or reassure people that you’re okay. Posting on social media has become second nature to those who use it. Realistically, what you post online after an accident can be used as evidence against you in your personal injury claim—even if you believe the post is harmless.

If you’ve been injured in a Virginia car accident, being cautious on social media is not just smart—it can directly affect your ability to recover compensation.

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At Wakefield Law, every day we meet with clients who want to create trusts or amend their existing trusts.  One of the first questions we ask clients is whether their trust is FUNDED.  Many of our clients have not heard of the trust funding process (even the ones who worked with attorneys the first time when they drafted their trust). Creating a trust is a powerful step toward protecting your family members and assets, avoiding probate, and making life easier in the event of incapacity or death. But here’s the part many people don’t realize:

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At Wakefield Law, we have heard time and time again that deciding who is executor, trustee, or any other fiduciary is one of the hardest parts of the process.  Sometimes it’s even harder to choose backups – who would serve if your primary choice is not around or is incapacitated?  When clients sit down to create an estate plan, they tend to focus on the documents themselves—trusts, wills, powers of attorney, and medical directives. These, of course, are vital, but one of the most important decisions in the entire process is often the most underestimated: choosing the right person to serve as your trustee, executor, or agent.

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Trusts are increasingly common tools for probate avoidance, asset protection, and ensuring your financial legacy is protected for the generations to come.   However, in our practice, we’ve seen many folks who think that once the trust is signed, their estate plan is done and can be shelved until such time that it is needed.  In reality, a trust is a living part of your overall financial plan.  It should grow and adapt as your life and the law change.

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After an accident that was caused by someone else, injuries, medical expenses, lost time from work, and pain and suffering can be extremely disruptive to your life.  If this happens to someone, they have a legal right to pursue compensation for your injuries and losses in a personal injury claim. At our firm, we’ve been representing personal injury clients for over thirty years and helping them with the process.  From receiving the care they need to being compensated for what they’ve gone through, we’re there from start to finish to ensure they and their families’ rights are protected.  Here’s why having an experienced attorney in your corner can make the difference.

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At Wakefield Law, we help clients from all walks of life with their estate planning needs.  Trusts, wills, powers of attorney, deeds, and more are used to ensure that our clients wishes are respected and their assets are protected throughout their lifetimes and after their passing.  Frequently, we hear from clients who have estate plans that were drafted years ago – they often have questions about whether their documents are compliant with current law, but also they need to make changes to their documents to reflect their current wishes.  Changing the agents in charge of administration of your documents or updating how inheritance is handled in a plan are very common.  We try to make handling those critical updates as easy and affordable as possible.  Don’t wait on making updates – here’s why getting them done is so important:

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