Posted on December 23, 2022 in Divorce

It is often said that infidelity is the number one reason for divorce in the United States. But did you know that money is the second-most common reason that is cited? Arguments and disagreements about money, along with other factors, like financial constraints in daily life, can lead to the end of a relationship.

Many people think that this means the couple is having money troubles because one person is spending too much or not earning enough. For instance, the financial constraints could simply be that they can’t pay their bills because one person lost their job or is dealing with a very expensive addiction. The other person decides they have to leave the marriage due to this situation, especially if there is no end in sight.

On top of that, though, merely the way you look at money could actually lead to a divorce. Your views are very important, regardless of how the money is actually being used.

Continue Reading ››

 Posted on December 08, 2022 in Wills

One of the first estate planning documents that people are typically encouraged to draw up is an advance directive for health care. Anyone who’s legally an adult should have one, even if they don’t have a will yet.

In it, people typically state their wishes should they suffer a serious injury or illness that leaves them unconscious or unable to make decisions for themselves (for example, if they’re in a coma) regarding under what conditions they want life-prolonging measures taken or stopped. 

The role of your agent

It’s usually best to give a trusted relative or friend power of attorney (POA) to act as your agent. This gives them the authority to talk with your medical team (here in Reston or wherever you happen to be hospitalized) and see that your wishes are carried out. It can also give them the authority to authorize pain medications beyond the recommended dosage.

For people who are being treated for certain mental health conditions, it’s also wise to include some provisions in your advance directive that address the kinds of psychiatric treatment you do and don’t want if you’re in crisis and unable to make those decisions or communicate your wishes. You can also include the medications you’re taking.

Continue Reading ››

 Posted on November 24, 2022 in Wills

A number of federal employees and retirees live in and around the Reston area. If you’re one of them and you’re preparing to put your estate plan in place, this is a good time to consider what will happen to your Thrift Savings Plan (TSP) after you’re gone.

This means making sure that your designated beneficiaries for your TSP as well as investment accounts and anything that allows for beneficiary designees are current – and remain current.

If there is no surviving beneficiary for your TSP when you pass away, the proceeds will be distributed according to TSP’s “order of precedence” according to the law. These beneficiaries may not be the ones you’d have chosen.

What is the order of precedence for TSPs?

If no beneficiaries are designated or still living, the funds in the TSP are distributed as follows:

Continue Reading ››

 Posted on November 10, 2022 in Wills

Estate planning has been on your mind for a while now and you’re ready to get to it. The first thing you want to do is create a will, and you’re considering a do-it-yourself version. 

This is certainly lawful in Virginia, but is it advisable? Not really. DIY wills are prone to problems. Here are just a few questions you need to carefully consider before you commit to that route:

Is the template right for your state? 

DIY will templates can be purchased online for relatively small amounts of money. This may seem great at first, but is it really this simple? A DIY will site may guarantee to meet all of your demands. The problem is, this is a message that is being sold to multiple people across the country, not to you specifically. 

Estate planning laws vary from state to state, and the legislation in Virginia is very specific. How can you be sure that a DIY will template is going to tick all of the right boxes and use the appropriate legal language for your state? 

Continue Reading ››

 Posted on October 31, 2022 in Divorce

If you don’t have children, then there’s little harm in prioritizing getting what you want in a divorce. If, however, you have kids, then you need to put them first. At least, that is what people might tell you.

When determining custody, courts use the child’s best interests to guide them. Yet, does that mean everything you do should be in their best interests, even if it contradicts yours?

Think of the long-term benefits of every action

Let’s say you are feeling tired after a rough week. Your child wants you to take them shopping in Reston for shoes. When you look at their shoes, you can see holes appearing. 

You might reason it is in the child’s best interests that you drag yourself out of bed to sit in traffic and then wander around the stores so they can get a new pair of shoes. Yet, what might truly be in their best interests is to do what is in your best interests – i.e., say no to the shopping trip, stay in bed a little longer, then have a lazy day at home. By doing that, you can recover the energy you need to be a patient parent and deal with the upcoming divorce proceedings. The shoe shopping can wait for another day when you have more energy.

Continue Reading ››

 Posted on October 21, 2022 in Wills

Estate planning is perhaps the most important and simultaneously the most procrastinated family planning task. Understandably, people don’t want to think about their mortality, but after all the work you put into saving money for your retirement or passing on to your descendants, not having a plan in place can result in turmoil if you pass away.

Here are a few tips to get the process going.

Prepare a will

Fewer than half of adults in the U.S. have a will. People often don’t bother with a will because they think their savings and assets are just too small to matter. But after you make a list of your assets (see below), you may be surprised at how much you actually have. Even a basic will can make life easier for your family when it comes time to distribute your estate.

If you don’t have a will

Virginia’s intestate succession laws will kick in if you pass away without a will. These are predetermined, inflexible rules about estate distribution. They do not consider broken relationships, estranged family members, ex-spouses and other complicated family dynamics. Assets may be distributed in a way the deceased may not have liked.

Continue Reading ››

 Posted on October 13, 2022 in Family Law

More often than not, couples merge personal possessions after marriage. You likely have some idea what assets are yours and what are your spouse’s – this may be important information if there’s ever a divorce.

People often fear what will happen to their assets if there’s a divorce That’s why there are legal agreements couples can make to protect property in a marriage. Here’s what you should know:

Protecting your assets from divorce requires planning

Couples may have the option to make one of two legal documents – a prenuptial agreement or a postnuptial agreement – which may help ensure their assets are evenly divided if a divorce ever happens. Both of these agreements sound similar and act much the same way, but there are differences.

A prenuptial agreement, or prenup, is a document made before marriage. A prenup addresses where assets are distributed after a divorce. Likewise, couples may discuss if there’ll be any financial support from alimony, so both parties can continue living the same quality of life after a divorce. 

Continue Reading ››

 Posted on October 04, 2022 in Divorce

Realizing that your marriage is ending is difficult for anyone. However, something that is often harder is telling your children about the upcoming divorce. 

While this may be a conversation you aren’t looking forward to, you must speak to your children about the situation before they hear it from someone else. 

Have a plan that you and your spouse can work together

You and your spouse may not be happy with one another, which is why you may be filing for divorce. However, you shouldn’t let your anger and emotions affect your children. You should work with your spouse and develop a plan to tell your kids about the situation. 

Make sure you plan to have the conversation when you can answer questions and spend time together. You should never share this type of news and then send your kids to school or have to leave. Just like you, kids need time to process what you tell them and will likely have questions. Many Reston parents forget this, but it is important to keep it in mind. 

Continue Reading ››

 Posted on September 15, 2022 in Child Custody

Divorcing and newly divorced parents in Brambleton and other Virginia regions worry about the effects of divorce on their kids. Divorce is hard on everyone, and the youngest family members often find it hard to cope with a split.

A byproduct of these coping difficulties is that your children may complain about or refuse to cooperate with your child custody orders. How can you know if their complaints are valid or just a side effect of your divorce? More importantly, what can you do to make things better for everyone?

Give them some time to adjust

Anytime a stable family routine becomes disrupted, it is bound to cause a stir among your kids. Before disobeying or ignoring a child custody order issued by an Aldie or Oak Hill family court judge, allow your children some time to become accustomed to their new arrangements. Over time, they may be more accepting of the custody and visitation plan.

Continue Reading ››

 Posted on September 06, 2022 in Trusts

You may have fallen in love with your home the moment you first toured it, or you may already be the third generation of your family to own this particular property. Either way, you may view your home as your most valuable possession and also have a significant emotional attachment to the home.

Obviously, you would like to pass your home’s equity to your children, and you may even dream of the next generation or two of your family living in the same home. Unfortunately, your real estate in Herndon or Oak Hill can often make estate planning a bit more of a challenge.

How can you handle your real property in a way that works for your children and results in a fair division of your property?

Consider moving the property to a trust

Real estate owned in your name will have to go through probate court when you die, which can significantly delay how long it takes for a transfer to take place. It will also usually become the property or just one person unless you name multiple heirs as co-owners.

Continue Reading ››