Frequently Asked Questions about
Estate Planning, Wills, Trusts, and Probate

• Just what is “estate planning?”

Estate planning, if done right, involves a lot more than just executing a "simple" will or bare-bones living trust.

When you plan your estate, you need to plan comprehensively for your retirement, the possibility of your disability, for death, and for the well-being and comfort of those who survive you. Looking ahead to future generations, a well-drafted estate plan provides for your property to be passed on to your family (and perhaps to your friends and your favorite charities) according to your wishes. A comprehensive estate plan also can protect and keep in your family the wealth you pass on to future generations -- by keeping it out of the hands of various and sundry in-laws, creditors, and fraud artists.

Estate planning requires you to give some hard thought to a broad range of legal, financial, and emotional issues. Most people don’t like to sit down, think about the possibility of disability or death, and make plans to deal with them. Estate planning, however, is really about life. It reflects your love for your family, and cuts down on future stress – and distress.

Because no two people or families are alike in every detail, nobody has yet authored an all-purpose estate planning checklist, and you should remember that this FAQ provides legal information, not legal advice. I’ve written it to address legal and practical questions that estate-planning clients in Northern Virginia frequently ask. Proper estate planning also includes financial planning, however. Financial planners, investment advisers, CPAs, and insurance agents, as well as a Virginia attorney, should be part of your planning team, and often can help turn up - and help solve - particular estate planning issues not addressed in this brief Q&A.

“I thatched my roof when the sun was shining, and now I am not afraid of the storm.” –George F. Stivers