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FAQ'S

Answers to Your Legal Questions

Your concerns are valid — here are answers to the most common questions we get at MMG Law.

Your concerns are valid — here are answers to the most common questions we get at MMG Law.

You should review your estate plan every 3–5 years or after major life events like marriage, divorce, or having children.

A Power of Attorney gives someone the legal authority to make decisions on your behalf. Choose someone you trust, like a spouse, adult child, or close friend.

Yes, you can revoke it at any time as long as you are mentally competent.

Yes, everyone over 18 should have a will. Without one, state laws determine how your assets are distributed, which may not align with your wishes. A will also allows you state your preferences in the event of your death (i.e. burial or cremation), to name guardians for minor children and to appoint an executor to handle your affairs. Even if you have few assets now, having a will provides peace of mind and can save your family significant time and expense.

When someone dies “intestate” (without a will), state laws determine asset distribution, usually to spouse and children in predetermined percentages. The court appoints an administrator, which may not be who you would have chosen. The process is often longer, more expensive, and provides no guidance for guardianship of minor children or specific bequests to family members,  friends or charities.

A will takes effect after death and must go through probate court, while a trust can be used during your lifetime and typically avoids probate. Trusts offer more privacy, faster distribution of assets, and better protection against challenges. However, trusts are more complex and expensive to establish. Also, if you choose to have a trust, in order to receive the benefit of having one and avoid probate, you have to ensure it is properly funded by transferring assets from your individual name into the name of the trust.

The costs of estate planning vary based on complexity, including whether we are preparing basic wills or more comprehensive estate plans with trusts. Consider this an investment that can save your family thousands in probate costs, taxes, and legal disputes. We offer transparent pricing with flat fees if appropriate.  We will discuss all costs upfront during your consultation once we have determined the best plan for you and your family.

Review your estate plan every 3-5 years or after major life events such as marriage, divorce, birth of children or grandchildren, significant changes in assets, relocation to another state, or death of beneficiaries. Tax law changes may also necessitate updates. Regular reviews ensure your plan continues to meet your goals and remains legally valid.

Probate is the court-supervised legal process in Virginia that validates a deceased person’s will (if applicable) and appoints someone to be responsible for their estate.  Once appointed, that person, either an executor or administrator pays their debts and distributes their assets to beneficiaries. It involves filing documents with the local circuit court which become public records, notifying creditors and beneficiaries, inventorying assets, and paying debts before distributing remaining property.

In Virginia, estates under $75,000 may qualify for simplified small estate procedures that avoid full probate.

Assets with named beneficiaries, jointly owned property, and assets in living trusts generally avoid probate entirely.

While probate provides legal protection and oversight, it can be time-consuming and expensive, which is why many people plan their estates to minimize probate when possible. We can help you understand your options for your specific situation.

Probate typically takes 12 months to 2 years, depending on the estate’s complexity, whether the will is contested, and court schedules. Simple estates with clear wills and cooperative beneficiaries move faster, while complex estates with business interests, real estate in multiple states, or family disputes take longer. Proper estate planning can significantly reduce probate time or avoid it entirely.

Yes, through several strategies: living trusts, joint ownership with right of survivorship, beneficiary designations on accounts and insurance policies, and transfer-on-death deeds for real estate. However, avoiding probate isn’t always necessary or beneficial for every situation. We’ll help you determine the best approach based on your specific circumstances and goals.

Choose someone trustworthy, organized, and capable of handling financial matters. This could be a family member, friend, or professional fiduciary. Consider naming a successor (or two) in case your first choice cannot serve. You can also name co-executors or a professional to work alongside a family member.

An executor is appointed under a person’s will and comes into effect upon death.  A trustee is appointed under someone’s trust and can come into effect prior to death, based on what the Grantor (creator of the trust) choses to do.

Generally, a power of attorney allows someone you trust to make financial and legal decisions and manage your affairs if you become incapacitated. If you become incapacitated without one in place, your family may need to go to court to obtain conservatorship, which can be time-consuming and expensive. These are essential components of any estate plan.

The agent named under a Health Care Power of Attorney will make decisions on your behalf if you are unable to do so.  If you do not have anyone named and become incapacitated, your family may need to go to court to obtain guardianship, which can be time-consuming and expensive.

Consider people who share your values, have stable lifestyles, and genuinely care for your children. Think about their parenting style, financial stability, location, and willingness to serve. Always ask before naming someone, and consider naming successor guardians. You can also name different people for personal care versus financial management of your children’s inheritance.

Absolutely. These documents specify your wishes for medical treatment if you cannot communicate them yourself. They address life support, feeding tubes, pain management, and other critical decisions. This relieves your family of making difficult choices during emotional times and ensures your wishes are followed.

For 2025, federal estate taxes apply to estates over $13.9 million per person (this amount is indexed for inflation). In Virginia, there are no estate taxes if the value of your estate is under the federal estate tax exemption which is $13.9 million ($27.8 million for married couples).  Please note, however, that many states have lower thresholds for state estate or inheritance taxes . If there are estate taxes due, the estate pays taxes before distributing assets to beneficiaries. Proper planning can minimize or eliminate estate taxes through strategies like gifting, trusts, and charitable donations.

Revocable trusts can be changed or cancelled during your lifetime, offer flexibility, and avoid probate but don’t provide tax benefits or asset protection. Irrevocable trusts cannot be easily changed but may offer tax advantages and protection from creditors. The choice depends on your primary goals: flexibility versus tax savings and asset protection.

Create an inventory of accounts with usernames (but store passwords separately), designate someone to manage these assets, and understand each platform’s policies for deceased users.

Virginia adopted the Uniform Fiduciary Access to Digital Assets Act in 2017, codified as Virginia Code §§ 64.2-116 through 64.2-132 . This law defines digital assets as “an electronic record in which an individual has a right or interest” and allows executors, trustees, and other fiduciaries to access and manage digital assets like computer files, web domains, and cryptocurrency. The law requires express permission in estate planning documents for access to emails, texts, and social media accounts, making it essential to address digital assets specifically in your estate plan.

Yes, wills can be challenged on grounds such as lack of mental capacity, undue influence, fraud, or improper execution. To minimize contest risks, ensure proper execution with witnesses, document your mental capacity, explain any unusual provisions, and consider a “no-contest” clause. Regular updates and clear communication with family members also help reduce disputes.

Without planning, your business may need to be sold quickly or could become tied up in probate. Business succession planning involves deciding who will run or own the business, how ownership transfers, funding for buyouts, and minimizing tax impacts. Options include family succession, employee ownership, or sale to third parties. Start planning early as this process can be complex.

Long-term care can cost $50,000-$150,000+ annually. Planning strategies include long-term care insurance, Medicaid planning trusts, annuities, and saving in dedicated accounts. Medicaid has strict asset and income limits, so planning must often be done years in advance. We can help you understand options and create a strategy that protects your assets while ensuring care.

A Special Needs Trust is a legal arrangement that benefits individuals with disabilities while preserving their eligibility for government benefits like Medicaid and SSI. These trusts are essential for disabled individuals who rely on means-tested government programs, since having assets in their own name would make them ineligible. Families with disabled children or adults who receive or may need government benefits should consider establishing this type of trust to ensure their loved one can receive both an inheritance and continued government assistance.

An ABLE Account (Achieving a Better Life Experience) is a tax-advantaged savings account for individuals with qualifying disabilities that began before age 26. These accounts allow disabled individuals to save money without losing eligibility for government benefits like Medicaid and SSI. Contributions are made with after-tax dollars but grow tax-free, and withdrawals for qualified disability expenses are tax-free. Qualified expenses include education, housing, transportation, healthcare, assistive technology, and other disability-related costs. Family members, friends, and the beneficiary can contribute to the account, with annual contribution limits similar to gift tax exclusions ($19,000 in 2025). ABLE accounts complement Special Needs Trusts by giving disabled individuals more direct control over their funds while maintaining benefit eligibility.

Bring a list of your assets and debts, including account numbers and approximate values, information about beneficiaries, copies of existing estate planning documents, business agreements if you own a business, and a list of questions or concerns. Think about your goals and any special family circumstances. This preparation helps us create the most effective plan for your situation.

Review beneficiary designations annually and immediately after major life events. Retirement accounts, life insurance, and bank accounts with payable-on-death designations pass directly to named beneficiaries regardless of what your will says. Outdated beneficiaries (like ex-spouses) can create unintended consequences. Keep these designations current and coordinate them with your overall estate plan.

While simple documents are available online, estate planning involves complex legal and tax issues that vary by state. An attorney ensures documents are properly executed, coordinates all aspects of your plan, identifies issues you might miss, and provides ongoing support as laws and circumstances change. The cost of professional help is typically far less than the problems that can arise from improper planning.