Estate Planning Legal Services

Everyone has different circumstances, from age to health issues, finances, and more. Firms that use generic documents for estate planning do not do justice to individuals’ unique circumstances and could cost you money and heartache. The Virginia and North Carolina trust and estate lawyers at Parks Zeigler, PLLC, provide personalized attention and collaborate with you to create an estate plan tailored to your unique circumstances, whether your assets are modest or substantial.

Wills, Trusts, Estates, and Probate Attorneys at Parks Zeigler

Our legal team of estate planning attorneys is committed to making the often-confusing process of estate planning easy to understand for our clients. From the paralegals to the wills and trusts lawyers, we believe in a hands-on approach to address every issue and that we generate an estate plan that fits your circumstances.

I met with Andy Shilling this morning about estate planning and setting up a revokable living trust. He is so knowledgeable and easy to talk to. He made the process so easy. My wife and I are excited about getting this done and now have the peace of mind that we were looking for. The cost is very reasonable and more than worth it! Thank you!! – Chet

Services Our Virginia Estate Planning Attorneys Provide

• Elder law
• Estate administration
• Financial power of attorney
• Guardianship
• Medical power of attorney
• Probate
• Trusts
• Trust and estate litigation
• Wills

Why Choose Parks Zeigler for Your Estate Planning Needs

Parks Zeigler uses technology for enhanced communication with clients and has a one percent rule — our law firm is constantly investigating how to make its legal services more favorable to clients. From positive and professional service to quality, our estate law firm aims to provide estate plans that match your circumstances.

Testimonials

“Jason Barlow and his paralegal, Christina assisted in estate-planning needs, specifically a Revocable Living Trust. Working with Christina felt like we knew each other in a past life. She knew my thoughts before I stated them and was on top of every update needed. She also recalled one of our previous conversations and had the foresight to ask if a first-floor conference room would be needed for the signing. I had forgotten a member of our party had just begun using a walker – she did not. At the signing, Jason breezed in like this document was not a year in the making (not on his part). He showed no signs that we monopolized his time over the past 12 months with questions, concerns and changes. He treated us like old friends. We never felt rushed, even when additional questions arose. The best part was Jason’s flat rate – it was incredibly reasonable! We were able to finalize the knowing everything was covered and there would be no monthly bills! Thank you so much Jason and Christina for tying this up for us!” — Maria F.

“I would highly recommend allowing Mr. Barlow and his paralegal Ms. Whitmore to manage your legal needs. I appreciated Mr. Barlow taking the time to explain legal terms and the various options I had available to meet my estate planning needs. They prevented the process of creating a will from being unpleasant, thanks again!” — Michelle B.

Jennifer S. Rossettini

Attorney

Jennifer is an experienced attorney and CERTIFIED FINANCIAL PLANNER™ Professional. A New Jersey native, she studied Psychology and Music at Rutgers University and earned her Bachelor of Arts degree in…

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What is an Estate Plan?

An estate plan is usually thought of as a few documents put together to legally redistribute assets and finances like life insurance, real estate, and personal belongings after someone dies, in the form of a last will and testament. While these documents are crucial, a comprehensive estate plan often includes additional legal documents to fully address your needs. These documents consider the needs of family members, the property and other assets you own, your wishes, and even end-of-life planning, such as an advance medical directive. It is an incredibly individualized process that requires an experienced estate planning attorney to complete successfully.

Key Documents in an Estate Plan

Depending on your circumstances, a complete estate plan can include several documents.

Last Will and Testament

A fundamental part of an estate plan, the last will and testament dictates who your executor is and your wishes for distributing assets. You can also name guardians for minor children and avoid intestate laws that may not align with your wishes.

Durable Power of Attorney

If you become incapacitated, you will need someone to handle your legal and financial matters. A durable power of attorney names that person and lists the actions he or she can make on your behalf.

Advanced Medical Directive

You can name a healthcare agent to make decisions for you and document your end-of-life care in an advanced medical directive. This document outlines your specific wishes regarding life support, pain management, and organ donation.

Revocable Trusts

Depending on your circumstances, you can use one or more of many trusts to manage and distribute assets outside of probate. A revocable trust allows you to control your assets, while an irrevocable trust does not. A revocable trust typically includes a grantor (you), beneficiaries (often you and your family), and a trustee who may be you, a family member, or a trusted friend responsible for managing the assets within the trust.

Business Succession

An estate plan can include additional documents to manage a business, farmland, or an investment portfolio.

Charitable Planning

If you choose to support a charity after your death, you can include a bequest or trust that gives resources to these nonprofit organizations.

Benefits of Having an Estate Plan

No matter your age or net worth, an estate plan has many benefits. Besides having peace of mind, some of the other benefits of an estate plan include:

• Guarding your assets
• Reducing your tax liability
• Decreasing family conflict
• Protecting your family’s time and money
• Respecting your final wishes
• Planning for in case of incapacity

Do I Really Need an Estate Plan in Virginia?

Yes, you do. Many think estate plans are only for the elderly or the wealthy, but everyone over 18 should have one in case of an emergency. As you consider whether to create an estate plan, please reflect on the following questions:

• Do you want to make sure your belongings and assets go to the right people?
• Do you want someone you trust handling your money and financial records?
• Do you want to donate some of your finances to a charity you are passionate about?
• Do you want to decrease the chances of losing your assets to estate taxes?
• Do you want to have the power to decide whether you receive CPR or other life-saving medical interventions in an emergency?
• Is there someone in your life with special needs that you want to support financially?
• Is there someone you can trust to make difficult choices regarding your health care?
• Do you wish to shield your family from having to decide to “switch off”?

If you answered yes to any of these questions, it may be time to create an estate plan. Without one, if you die, your family must guess your final wishes, or you are leaving your assets in the hands of the state’s written law. Because these default laws may never truly satisfy your interests, it is important to contact a skilled estate attorney to help you draft an estate plan.

Why Someone Should Take a Holistic Approach to Estate Planning

A holistic approach to estate planning considers the client’s entire situation, including financial, familial, and personal goals. This comprehensive perspective helps verify that the estate plan considers all aspects of an individual’s life, contributing to more effective and tailored solutions.

The Importance of Starting the Process of Estate Planning Early

If you’re over 18, you need an estate plan, even if you only have a car and a bank account. Early estate planning allows for more flexibility and the ability to make informed decisions without the pressure of time constraints.

Accidents and unexpected illnesses that could leave you incapacitated can happen to anyone of any age. An estate plan includes various documents that enable you to designate someone to make decisions on your behalf in the event of your incapacity and to manage your finances.

An estate plan also allows you to distribute your assets to a partner if you are cohabiting and are not married.

The Significance of a Well-Drafted Will and Estate Plan

A poorly drafted will may cost your estate time and money and may even prevent the probate court from accepting it, which means your estate is intestate. Many believe that an estate plan, including a will and trusts, is only for the wealthy. They are part of a complete estate plan for anyone who needs to protect assets, confirm debts get paid, and accomplish the distribution of assets according to your wishes.

Trusts are also an important part of estate planning and can allow for conditions on protecting assets from beneficiaries’ creditors, setting conditions on inheritances, protecting against wasting funds, and other goals.

A well-drafted estate plan also allows you to name a trusted relative or friend to handle your finances and make medical decisions according to your wishes should you become incapacitated.

Who Needs an Estate Planning Attorney?

Everyone needs a personalized plan for his or her estate. Your net worth does not matter; it only determines what is involved in creating the plan. That you need one is without question. An estate planning lawyer wants to help you create the right plan for your circumstances, from a modest estate to a more comprehensive plan involving complex tax considerations and multiple trust documents.

How an Estate Planning Lawyer Can Help

In addition to creating a customized estate plan, an estate planning attorney can help in many ways, including:

• Estate and trust administration: Guiding executors, trustees, and personal representatives through the complex process of administering estates and trusts.
• Fiduciary litigation: Representing clients in trust and estate disputes, including will contests, claims of undue influence, fraud or duress, and fiduciary litigation related to estate or trust administration.
• Guardianship and conservatorship: Assisting in establishing guardianships or conservatorships for minors or individuals with special needs, confirming your estate meets their specific requirements, and protecting their interests.
• Tax planning and compliance: Providing advice on tax-efficient strategies to minimize estate and gift tax liabilities and helping clients navigate complex state and federal tax regulations.
• Ongoing review and updates: Providing valuable assistance in regularly reviewing and updating estate plans to reflect changes in laws, family circumstances, and financial situations.

Understanding the Probate Process

What happens if you or a loved one dies without an estate plan? If you or a loved one dies without an estate plan completed, state law dictates how the probate court distributes your assets and finances. The process is public, time-consuming, and can be expensive for the family. The probate court may not fully implement your final wishes, and it can be an excessively difficult process for the family. This process can be frustrating, especially for grieving family members. Our estate planning lawyers at Parks Zeigler, PLLC, will work with you or your loved ones going through the probate process.

With the appropriate documents, probate is not always necessary, especially for small estates or assets with designated beneficiaries. The probate process must follow the Commonwealth’s laws to distribute your estate. Unless a court needs to resolve legal disputes, it only supervises the circuit court clerk in handling your estate.

When you create an estate plan, you also name an administrator, or personal representative, to administer your estate. If you don’t name an executor or have an estate plan, the court will appoint one, possibly someone you don’t want.

The administrator’s job includes:

• Taking inventory of your assets
• Paying your debts and expenses
• Distributing your assets
• Providing an accounting of all estate transactions
• Seeking legal representation
• Closing the estate

Do You Need a Lawyer to Probate an Estate?

While you do not need a lawyer to probate an estate, we recommend that you retain one to guide you through the complex process, including gathering all necessary paperwork, filing correctly, and protecting the rights of the individuals involved.

Protect Your Legacy and Interests by Contacting Our Estate Planning Attorneys Today

If you do not have an estate plan, your assets and finances will have no protection. Even in your 20s, you can protect your legacy and your heirs’ interests by making a thorough estate plan. To start a consultation with an estate planning lawyer, call 888-773-4311 or complete our online form.