Articles Posted in Asset Protection

When people hear the word “trust,” they often assume all trusts work the same way. They do not. One of the most important distinctions in Virginia trust planning is whether a trust is revocable or irrevocable. That distinction affects control, flexibility, taxation, creditor issues, estate planning strategy, and how a trust functions during life and…

Many Virginia families, professionals, and business owners ask whether a trust can protect their home, business, bank accounts, or investments from lawsuits and creditors. The question usually comes from a reasonable concern: people want to know whether a trust can serve as a legal shield. The answer is not simply yes or no. It depends…

Many Virginia physicians and business owners assume that having a will, trust, or LLC means their estate is protected, their business is covered, and their assets are shielded from lawsuits. In reality, estate planning, succession planning, and asset protection are three entirely different strategies and mixing them up often leaves serious gaps. This guide breaks down…

Today, we are addressing a topic that is often overlooked but extremely crucial for anyone who wants to protect their assets and ensure their wishes are carried out as intended. We are talking about the significance of updating your estate plan. Estate planning is a process that involves creating a comprehensive plan to manage your…

I often compare estate planning to the practice of medicine. The average person who goes to the doctor presents with a medical issue and is looking for a treatment to help alleviate their symptoms. After performing a thorough review of the patient’s family, social, and medical history, the doctor will provide a treatment regimen for…

Have you ever asked yourself “what happens if I can’t find the Will?” A recent Virginia Court of Appeals ruling discusses this question as well as the importance of keeping your estate planning documents safe. In the case of Glynn v. Kenney 2023 Va. App. LEXIS 176 (2023), the decedent’s home was a complete mess.…

Often times we are asked what the difference is between a Trustee of a Trust and a Financial Power of Attorney. Knowing the difference is important because both a Trustee and a Financial Power of Attorney can be appointed immediately upon a finding of disability, depending on how your trust document and Power of Attorney…

What makes a person a good Trustee? What are their duties? A trustee is a person or entity that holds and manages property or assets for the benefit of one or more beneficiaries. The trustee has a fiduciary duty to act in the best interests of the beneficiaries and to manage the trust assets prudently…

Estate planning is an important process that can help ensure that your wishes are carried out after you pass away, and it’s a good idea to involve your family in this process to ensure that everyone is on the same page. Here is how to discuss estate planning with your family: If you do not…

When we receive calls from clients who want help putting together an estate plan, many of them want us to draft a simple will. Considering that around two-thirds of U.S. adults do not have an estate plan, a simple will can ensure that your property falls into the right hands upon your death. However, after…