Estate Planning

Find an Estate Planning Attorney in Williamsburg

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Your Dreams, Our Knowledge… Creating Estate Plans That Work!

There are many components involved in responsible estate planning, including wills, revocable living trusts, irrevocable trusts, durable powers of attorney, and health care documents. When we speak with new clients, they often say that they do not have an estate plan; and most people are surprised to learn when we tell them that they actually do have a plan. For, in the absence of legal estate planning of one’s own, one’s estate is distributed after death according to Virginia’s laws of intestacy. Of course, this may not be the plan one would choose for themselves! To take what happens to your estate into your own hands, a properly drafted estate plan will replace the terms of the Commonwealth’s estate plan with your own. Contact Zaremba Center in Williamsburg today to get help creating an estate plan that works best for you!

Why Get an Estate Plan?

  • Provide for your family
  • Minimize expenses
  • Make difficult decisions now, so your family doesn’t have to later
  • Reduce taxes
  • Simplify retirement
  • Streamline your business
  • Support a cause or charity of your choice
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Customized Planning

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Extensive Knowledge

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Time-Tested Solutions

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Complication-Free Asset Transfers

Your Last Will and Testament

Many people think that writing a will is all it takes to ensure that your wishes for how your assets are distributed will be carried out. However, your last will and testament is just one part of a comprehensive estate plan. If a person dies without a will they are said to have died “intestate”, in which case commonwealth law determines how and to whom the person’s assets will be distributed. Some things you should know about wills:

  • A will has no legal authority until after death. So, a will does not help manage a person’s affairs when they are incapacitated, whether by illness or injury.
  • A will does not help an estate avoid probate. A will is the legal document submitted to the probate court, so it is basically an “admission ticket” to probate.
  • A will is the only legal document through which parents can name the guardians (or back-up parents) for minor children, should those children become orphaned. All parents of minor children should have a legal will, naming guardians for them.

Making sure your will covers everything you need it to is just one of many aspects of estate planning. Learn more about estate planning in our free estate planning book!

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12 Questions to Ask Your Prospective Estate Planning Attorney

Health Care Documents (or Advance Directives)

Advance directives are documents that specify the type of medical care a person would want should they lose the ability to make (and communicate) their own decisions. There are two types of advance directives: a durable power of attorney for health care and a living will. A durable power of attorney for health care, also known as a health care proxy, is a document in which the maker gives another person (known as the patient advocate) power to make medical treatment and related personal care decisions.

Anyone over the age of 18 may execute a durable power of attorney for health care, which is a legally-binding document in Virginia. Some people confuse this with a “living will,” which is a written statement informing doctors and family members what type of medical care should be given (or withheld) in the event of terminal illness or permanent unconsciousness, where the patient is no longer able to make or communicate decisions about their continued care.

Two key differences between these documents are that 1) the durable power of attorney for health care designates who makes decisions while a living will provides guidance on what those decisions should be, and 2) a durable power of attorney for health care is legally binding in the commonwealth of Virginia, while a living will is not. Doctors and hospitals may comply with a living will, but are not legally compelled to do so.

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Why Choose Zaremba Center?

Zaremba Center in Williamsburg offers comprehensive estate planning services. From drafting a will to setting up a trust, we work hard to ensure that your assets are distributed to your beneficiaries after your death without having to go through an expensive, scrutinizing probate process. Want to speak with one of our experienced estate planning attorneys?

Take Care of Your Estate Now

Walt Zaremba is committed to providing excellent, affordable estate planning services in Williamsburg. From writing a last will and testament to setting up family trusts, our law firm creates comprehensive estate plans that “work”. We want to help enable you to stay in control of your health and wealth, no matter what your current and future circumstances may be. Don’t let the government bureaucracies determine what happens with your assets; get a plan put in place now, and take control of your and your family’s future.

Schedule A Consultation Today