The first step is a discussion with our team about your vision for your future.
Contact UsA trust can hold and manage property during your lifetime and continue working after your death according to the instructions you leave behind. For many Virginia families, that can make it easier for someone they trust to step in when needed and reduce the amount of property that has to pass through probate.
At Pedersen Law, we help individuals and families in Williamsburg and the surrounding communities decide whether a trust makes sense as part of their estate plan and how it should work with their other documents.
Maybe you own a home in Williamsburg and want to make the eventual transfer easier for your children. Maybe you recently moved to the area and your old estate plan no longer fits your life. Or maybe you have reached the point where you simply know you need to get your affairs in order.
A trust can give the people you choose a more organized way to manage property if you need help later in life and to carry out your wishes after you die. That continuity is one of the reasons our firm often discusses trusts with estate planning clients.
“A good trust should make life easier for the people you are asking to carry out your wishes. The details we work through now can make a meaningful difference for your family later.” - Kyle J. Burcham, Estate Planning Attorney
A trust is a legal arrangement that allows property to be held and managed according to instructions you create.
Depending on the type of trust and how it is structured, you may be able to remain in control of the property during your lifetime while naming someone else to step in if you become unable to manage it yourself. After your death, the trust can continue to direct how assets are handled and distributed.
For many clients, that means having one structure that can work both during life and after death rather than leaving everything for family members to sort through later.
A will generally goes through probate. Property that has been properly placed into a trust can generally be handled through the trust instead, which can make administration easier for the family members or friends responsible for settling your affairs.
That last part matters. Simply signing a trust is only part of the process. Assets need to be coordinated with the plan. For example, when a client owns a home, our firm will often look at whether that property should be conveyed into the trust so the document can actually do what it was created to do.
We strongly encourage clients who own real property to consider a trust because of the role it can play in avoiding probate and making the eventual transfer easier.
Imagine you own a home in Ford’s Colony and your children will eventually be responsible for handling your estate. A trust may allow that property to be handled under the trust rather than requiring your family to deal with it entirely through probate.
The right plan still depends on the rest of your assets, your family, and what you want to accomplish.
Usually, a trust and a will work together. Our firm commonly uses a pour-over will alongside a trust. The purpose is to address property that may not have been properly titled in the name of the trust before death.
Your estate plan may also include a durable power of attorney and an advance medical directive. Those documents serve different purposes during your lifetime, while the trust can continue operating after death. Looking at the documents together helps make sure there are fewer gaps in the overall plan.
A lot of our Williamsburg estate planning clients come in because something has changed.
Some have recently moved here from Northern Virginia or another state. Others are retiring, buying property, updating an older estate plan, or finally dealing with documents they have put off for years. It may be time to review your trust or estate plan after:
Trust planning is careful work. The document needs to reflect what you want, and the rest of your estate needs to be coordinated with it.
Our attorneys take the time to look at the whole picture: what you own, who you trust, who should benefit, and what you would like to make easier for the people handling things later.
If you are considering a trust, updating an older plan, or wondering whether your current will is enough, Pedersen Law can help you look at the full picture.
We work with individuals and families throughout Williamsburg, James City County, York County, New Kent, Toano, and the surrounding Virginia communities.