Estate Planning in Williamsburg, VA

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Estate planning consists of arranging the management and orderly distribution of your assets after death. Properly planning your estate allows you to detail your post-death wishes and provides instructions on how your estate should be transferred to your surviving heirs and beneficiaries.

Even if you do not have substantial wealth, having a well-crafted estate plan is still important. At Pedersen Law, our estate attorneys can help you create an expert estate protection plan tailored to your unique needs and circumstances.

Because Everyone Needs An Estate Plan

It’s easy to assume that estate planning is not necessary, but the reality is that having a plan in place can save you and your family unnecessary drama in the future, no matter what kind of wealth you’ve accumulated.

An estate plan is crucial because it can help your dependents avoid the stressful and lengthy probate process as well as minimize potential family disagreements, communicate your desires and wishes, and prepare for future medical activities.

When Do I Need to Create an Estate Plan?

Unsure of when you need to start creating an estate plan? You’re not alone. Most financial experts recommend developing an estate plan as soon as you are legally responsible for your finances. So, realistically, as soon as you turn 18, you should start planning your estate. 

At Pedersen Law, we understand that estate planning can initially seem complex and daunting, so we are here to help. Ask your estate planning lawyer to review or draft an appropriate estate protection plan that works for your situation, whatever that might be. Whether you are retiring, getting married, having children, or arranging for long-term healthcare, we take your unique situation into account and work with you to achieve your estate planning goals.

We are highly experienced and can handle every aspect of creating your estate plan, powers of attorney, and will, as well as meet all your NFA Gun Trusts needs.

Documents You’ll Need to Plan Your Estate in Virginia

Legal estate planning should consider various legal documents. Some of the documents that must be a part of your plan include:

  • Sound Power of Attorney (POA)
  • A Will or Trust 
  • A Letter of Intent
  • Guardianship Designations
  • Healthcare Power of Attorney

Do I Need a Gun Trust if I Own Firearms?

If you want to buy a gun or already own one subject to strict federal and state regulations, and you want to pass it down to your children or other individuals at the time of your death, you need a gun trust. This legal document helps protect you and your beneficiaries during and after your lifetime, reducing the chances of conflicts that often occur after death.

The Benefits of Hiring Pedersen Law

At Pedersen Law, our estate planning lawyers have spent over a decade dedicating our time to our clients. We’ve earned a reputation for being client-oriented, empathetic, and being great at what we do. We’ll consider all of your concerns and goals when creating your estate plan. 

Contact a Williamsburg, VA Estate Planning Lawyer Today

When you work with our estate planning lawyers, you can expect a smooth process handled with the utmost integrity and professionalism from the beginning to the end. You can also have peace of mind knowing that you will get the best results possible. Schedule your initial consultation to get started to speak with our experienced Williamsburg estate planning attorneys.

frequently asked questions

Do I Need an Estate Plan if I Don’t Have a Large Estate?

Yes. Estate planning is not only for people with significant wealth. A good estate plan can help your loved ones understand your wishes, avoid unnecessary confusion, and make important decisions if you become unable to speak for yourself.

Even a simple estate plan may include a will, power of attorney, healthcare directive, and beneficiary planning. These documents can make things much easier for your family during an already difficult time.

What Happens if I Die Without a Will in Virginia?

If you die without a will in Virginia, your property may be distributed according to Virginia’s intestacy laws. That means the law decides who receives your assets, not you.

This may not match what you would have wanted, especially if you have children from a prior relationship, unmarried partners, blended family concerns, or specific wishes about certain property. Creating a will gives you more control and helps reduce uncertainty for the people you leave behind.

What Estate Planning Documents Do I Need in Virginia?

The right documents depend on your family, assets, and goals. Many Virginia estate plans include:

  • A last will and testament
  • A power of attorney
  • An advance medical directive or healthcare power of attorney
  • A trust, when appropriate
  • Guardianship designations for minor children
  • Beneficiary designations for certain accounts
  • A letter of intent or written instructions for loved ones

At Pedersen Law, we can help you understand which documents make sense for your situation instead of giving you a one-size-fits-all plan.

What Is the Difference Between a Will and a Trust?

A will explains how you want certain property distributed after death and can name guardians for minor children. A trust can hold and manage assets during your lifetime, after your death, or both.

Trusts may be useful for families who want more privacy, more control over how assets are distributed, or additional planning for children, loved ones with disabilities, blended families, or specific property. Not everyone needs a trust, but it is worth discussing as part of a complete estate planning review.

Can an Estate Plan Help My Family Avoid Probate?

In some cases, yes. Certain planning tools can help reduce what must pass through probate, including trusts, beneficiary designations, payable-on-death designations, and jointly owned property.

That said, probate is not always avoidable or always a problem. The better question is whether your estate plan is set up to make the process as simple, clear, and manageable as possible for your family.

When Should I Update My Estate Plan?

You should review your estate plan after major life changes, including marriage, divorce, the birth or adoption of a child, the death of a loved one, a move to another state, a significant change in assets, or a change in who you trust to make decisions for you.

Even without a major change, it is smart to revisit your estate plan every few years to make sure your documents still reflect your wishes and current Virginia law.

What Is a Power of Attorney?

A power of attorney allows you to name someone you trust to handle financial or legal matters for you if you cannot handle them yourself. This may include paying bills, managing accounts, signing documents, or handling certain property matters.

Without a proper power of attorney, your family may have to go to court to get authority to help you. Planning ahead can save time, stress, and expense.

What Is an Advance Medical Directive?

An advance medical directive allows you to explain your healthcare wishes and name someone to make medical decisions for you if you are unable to communicate. This can help your loved ones avoid guessing during a medical crisis.

It also gives your chosen decision-maker clearer guidance at a time when emotions may be high.

Do Parents of Young Children Need an Estate Plan?

Yes. Parents of young children should strongly consider creating an estate plan. A will can name a guardian for your children if something happens to both parents. You can also plan how money or property should be managed for your children until they are old enough to handle it responsibly.

Without a plan, important decisions may be left to the court or handled in a way you would not have chosen.

How Do I Get Started With an Estate Planning Attorney?

The first step is a conversation. Bring any existing estate planning documents, information about your assets and debts, names of people you trust to make decisions, and questions about your goals.

From there, Pedersen Law can help you create a Virginia estate plan that reflects your wishes, protects your loved ones, and gives your family clearer instructions for the future.

DUI

What is the law in Virginia regarding DUI?

Driving under the influence with a blood alcohol concentration of 0.08 percent or above is illegal in Virginia. This law doesn’t just apply if you’re driving. You can still be charged for a DUI if you’re found turning on the ignition while above the legal limit. Additionally, DUIs are not exclusive to driving on public roads, so the law still applies regardless of where you’re driving in Virginia.

If found operating a vehicle on private property above the legal limit, Virginia law still states that you can be charged with a DUI. Taking Virginia’s DUI law seriously can mean the difference between your personal freedoms and time behind bars.

Do I have to take a breathalyzer test?

Yes, if you are caught driving under the influence in Virginia, you are legally obligated to consent to a breathalyzer. Virginia has an “implied consent” statute regarding a breathalyzer test which means a person operating a motor vehicle is deemed to have consented to a breathalyzer by simply turning on the ignition while in the driver’s seat.

If you’ve been pulled over and are suspected of driving under the influence, it’s against the law to refuse a test. If you refuse and do not have reasonable grounds to do so, your refusal could be used against you in court, and, depending on your prior driving record, you could be punished separately for your refusal.

How will multiple DUIs affect my case?

Virginia takes DUIs very seriously. As such, there are significant penalties for repeat offenses. For example, if you’re convicted of a DUI within five years of a previous DUI, the fine increases from a mandatory minimum of $250 to $500 in fines, and the jail sentence increases from no minimum to a minimum of one month; twenty days of which cannot be suspended.

A person convicted of three DUIs within ten years can be found guilty of a felony with heavy fines and jail sentences. That being said, there are nuances to every case, so hiring an experienced attorney can significantly impact your case’s outcome.

Does it matter what my blood alcohol level is?

Yes, in Virginia, your sentence changes the higher your blood alcohol concentration is. For example, if your BAC is at least .15, the court is required to sentence you to at least five days in jail. If your BAC exceeds .20, the mandatory jail time increases to ten days. The change in blood alcohol concentration also changes the sentence in subsequent offenses.

Criminal Proceedings

I’ve been arrested in Virginia. What happens next?

Two things will most likely happen after being arrested. The first is if you’ve been released on bond after being arrested, you’re allowed to return to your everyday life while you wait for further instructions about when to appear in court for an arrangement.

The second option is a bit more serious. Your next day in court will be your trial date if you’re accused of a misdemeanor. If you don’t make bond, you will not be able to leave and will be held until your trial date. If you’re accused of a felony, a preliminary hearing will be held in General District court.

What happens at an arraignment in Virginia?

In Virginia, your first appearance in court after being accused of a crime is called an “arraignment.” During this appearance, you’ll be informed of the allegations against you, and the court will make sure that you understand the allegations and accusations that have been made against you.

At your arraignment, you have the opportunity to say whether or not you want to be represented by a lawyer. If you want legal counsel but are unsure whether you’ll be able to afford it, you can request the court to appoint a Public Defender to represent you. Lastly, you’ll be informed of your next court date.

However, in some Virginia courts, your arraignment is used for you to plead either guilty or not guilty, as some arraignments are scheduled to take place immediately before the trial is expected to begin.

What happens at a bond hearing in Virginia?

After being arrested and charged with a crime in Virginia, it will be determined whether or not you will receive bond or, as it’s commonly referred to, bail. Most likely, if you’ve been charged with a misdemeanor, you’ll simply be told when your hearing is. This means you won’t have to worry about bond since you won’t be booked. 

However, if you’ve been arrested for something above the classifications of a misdemeanor, you’ll stand before a Magistrate while they make a bond determination. At this point, you might be released on your own recognizance, unsecured bond, or secured bond. During this time, you might also be denied bond.

What are the different types of bonds in Virginia?

There are three types of bonds in Virginia:

Recognizance:
No amount of money is set for bond. The court trusts that you will appear on your own accord on the court date, attend all your hearings, and commit to all pretrial obligations. You’ll be released without any kind of requirement.

Unsecured bond: A bond amount is set that must be paid if you do not comply with the obligations that the court set. So, if you don’t show up for hearings and don’t comply with the requirements set for you, you’ll have to pay the set bond amount.

Secured bond: This bond must be paid in order for you to be released before your day in court. You can either pay this money yourself or if the sum is too much for you to pay at once, you can hire a bail bond company to pay your bond for you. After paying bond, you’re still expected to comply with the obligations set by the court.

What if I don’t make bail?

In Virginia, you have the opportunity to appeal a bond hearing to the Circuit Court. The appeal must be noted soon after the lower Court denies the bond. If you are held without bond, you will remain incarcerated until you go to trial.

Since bail is typically granted with conditions if you fail to meet the list of obligations set for you by the judge at your bail hearing.

What’s a preliminary hearing?

In Virginia, a preliminary hearing is held for felony cases in the General District Court. The purpose of a preliminary hearing is for the Court to determine whether there is probable cause that you committed the crime. If the Court finds probable cause, they will certify the case for trial at the Circuit Court. The court will dismiss the case if it does not find probable cause.

The preliminary hearing may give you a good insight into the Commonwealth’s strengths and weaknesses regarding your case. Rarely is it appropriate to waive your right to a preliminary hearing; however, there may be times when it is appropriate and even crucial to waive that right.

What do I do if my constitutional rights have been violated?

If you suspect that your constitutional rights have been violated, you have the right to appeal or request a new trial. From the right to remain silent to the right to a speedy trial, your Constitutional Rights are to be respected no matter what charges you are facing. The consequence of a Constitutional violation can range from the exclusion of evidence to a complete charge dismissal.

Can I have my sentence reconsidered?

Potentially, yes. Virginia law allows you, as the defendant, to request your sentence be modified at any time as long as you’re being held locally. A provision in the Virginia Code allows for an individual’s sentence to be reconsidered as long as that person has not been brought to the Department of Corrections. When reviewing a person’s sentence, the court will consider several factors, so it’s important to prepare thoroughly before asking the court to reconsider your sentence.