We create estate plans to make sure our family is taken care of.  It’s important to remember that our family includes our pets.  Our furry, feathery and scaly friends depend on us, and our estate plan should provide for their future if we’re no longer available to care for them.

1.     Your pet could live for a long time, even without you.

The average life span of a dog is 13 years, the average life span of a cat is 15 years and certain parrots and turtles can live up to 100 years old!  If you become ill and can no longer take care of them, or if you pass away, your pet could still need care for many years to come.

2.     Promises from friends or family may not stand the test of time.

We can’t predict what will happen in our lives or in our relationships.  Maybe your brother made a promise to take care of Fido a few years back, but he’s since taken a new job and moved across the country.  Maybe he’s moved into a condo that has a strict no-pet policy.  It’s always better to make formal arrangements.

3.     It’s simple to include your pets in your estate plan.

With the help of your lawyer, it’s fairly simple to include pets in your Last Will and Testament or to set up a trust for your pets.  You’ll simply need to decide who to appoint as your Personal Representative to take care of your pets in the event of your death.  Be sure to choose two or three people in case your first choice is unavailable.
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Keep in mind that whoever you choose to take care of your pets does not need to take them in permanently.  They can agree instead to act as a temporary caregiver until they find your pet a good permanent home.

It’s very important that a client feels safe in confiding in their lawyer.  Someone who seeks advice or guidance from a lawyer has the right to do so completely free of any fear that their secrets will be revealed.  Attorneys abide by strict rules of ethics, and that includes the principle of confidentiality.

What does attorney-client privilege mean exactly?  It means that when you seek legal advice of any kind from an attorney, that attorney is forbidden from communicating to anyone what you tell them in confidence.  So even if you tell your lawyer where a body is buried, they are legally and ethically bound to keep that a secret.

In this case, it can seem like the ethics are backwards.  If a lawyer knows something important to a criminal investigation, shouldn’t they tell the police immediately?  Many lawyers find themselves in this very difficult position.  But revealing a client’s secrets would break the important bond of trust that is necessary to provide fair legal counsel to everyone.

Ethically, lawyers know they must keep their client’s confessions under lock and key, much like a priest knows they must keep their parishioner’s confessions under lock and key.  Also, if a lawyer were to give up a client’s secrets they would face severe disciplinary action, including having their law license revoked.

Since you take no risk in doing so, you should tell your lawyer everything.  Telling your legal counsel the whole story will help them provide you with the most accurate professional advice and proceed in the best way without being blindsided in the courtroom with a fact that you failed to mention.
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Going to a lawyer is like going to a doctor.  You wouldn’t omit a fact from your doctor because it embarrassed you.  Your doctor needs to know everything that’s going on, so they can treat you accordingly.  The same goes for your lawyer.  You can trust your lawyer.  You risk more in telling them too little than in telling them too much.

A Last Will & Testament is one of the most important and vital documents one can have.  But why is it so important?

To start with, a will lets you decide who will inherit from you.  If you die without a will, the state will decide who receives your property and life savings.  This happens by statute, without regard to your wishes or your family’s needs.  A will allows you to decide who gets special family heirlooms, such as rings, china, or guns.  Without a will, your family may feud over these items, or fight over who gets to be the administrator of the estate, the person who will make such decisions.  Relatives battling over your possessions can weaken what may have otherwise been a strong family.
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A will allows you to leave money to your church or a charity.  It allows you control over the distribution of your real estate and it allows you to leave a life estate to your spouse or child, or to place conditions upon the use of your land.  A will allows for a smooth transition of your family business to the persons of your choice, in whatever manner you decide. 

Wills are especially important for families with stepchildren, as the laws of the state often will not reflect the wishes of the parents in such situations. The laws of the state will also not provide for your partner if you are not married.

Your will can state who you wish to be the guardian or guardians of your minor children or grandchildren.  If you don’t decide, the courts will.  This is particularly important if you want a specific family member or friend to take care of your children or grandchildren, but that person is not your next of kin.  It’s best to designate that person specifically in a will. Otherwise, the state might give custody to a relative who you may not approve of.

You can use your will to specify your wishes regarding burial, cremation, or memorial services.  Your will can help avoid family squabbles or “guilt buying” at the funeral home.  (It’s important to note that your will is often not read until after the funeral, so it is a good idea to advise your loved ones that you have specified your wishes in your will).

What if you don’t own anything and you don’t have any savings?

Suppose you die in a car wreck caused by a drunk driver.  Even if you have no property or savings, your estate might have a wrongful death claim worth a great deal of money, which will be distributed by the laws of the state if you have no will.  In other words, if you die in an accident, your family could be entitled to money because of it, and having a will in place will decide who that money goes to.

We can't avoid death, but having a will can help ease the burden on our loved ones.  Leaving a will for our loved ones to follow could help ease their stress and worry through a difficult time.

If you suffer an accident or illness and are unable to communicate your wishes, an advance medical directive (also known as a medical power of attorney) is a document that allows you to choose an agent who you trust to make your important medical decisions on your behalf.  Often, this agent is your spouse, friend, child or other family member.  An advance medical directive is an essential document to have in place, and here are three big reasons why:

1.     Facility doctors may not discuss your health condition with family, without the proper documents in place.

Your physician at the hospital or nursing home may not be able to discuss your health with concerned family members due to rules of patient confidentiality.  If you want to ensure that your loved ones will be part of the conversation about your health condition, treatment, medication and even life-or-death decisions, certain documents may need to be in place.  An advance medical directive would include HIPAA (Health Insurance Portability and Accountability Act) authorization to ensure your family is not violating the HIPAA act in discussing your health with your doctor.

2.     An advance medical directive lets you make the big, difficult decisions about end-of-life choices in advance.

For example, would you want your doctors to continue life-sustaining treatments if you have suffered irreversible damage to your mental functioning?  An advance medical directive is a statement of your wishes for the kind of life-sustaining medical intervention you want- or don’t want- if you are no longer able to communicate your wishes.

Knowing your preferences in advance can be extremely important in helping your family through a time of crisis.  These decisions are deeply personal, and an advance medical directive allows you to communicate instructions about your health care based on your personal beliefs and values.

3.     Without an advance medical directive, a court may step in to appoint a guardian to make medical decisions on your behalf.

An advance medical directive ultimately allows you to choose someone who you trust to be in charge of your medical decisions, rather than a guardian appointed by a court.  It’s important to choose your agent carefully.  That person should be able to understand essential medical information regarding your treatment, handle the stress of making tough decisions, and keep your best interests and wishes in mind when making those decisions.  When you’ve chosen the right person, make sure to communicate your beliefs, values and priorities when faced with the possibility of end-of-life decisions.

When you have an advance medical directive in place, you can rest assured that your important health care decision are in the right hands if a crisis hits.  To learn more about how to set up an advance medical directive and other essential documents, please contact us for a free consultation.

1.     Hire a lawyer.

This just has to be number one on our list.  The price of an attorney is well worth not having points on your driving record or having your monthly car insurance premiums skyrocket.  Traffic court cases can get very complicated, and it’s always best to have appropriate counsel and representation.

2.     Dress appropriately.

Most judges are sticklers for appropriate dress.  It’s not just the lawyer’s job to dress up for court; it’s expected from everyone.  What you’re wearing will make an impression on the judge, so do yourself a favor and dress in a way that reflects your respect for the court and your respect for yourself.

3.     Show up early.

Showing up early may be the best way to jump the line and skip the long, long wait.  This could also give you an opportunity to appear before the judge before his or her patience gets worn thin by other defendants.

4.     Turn off your cell phone.

What’s the best way to annoy a judge?  By having your cell phone ring during court!  This one should be a no-brainer.  Make sure you remember to turn it off.

​5.     Call the judge “your honor.”

​Court is a formal environment.  Make sure you refer to the judge as “your honor,” not by Mr. or Ms. Insert-last-name-here.  Not only will this make you appear respectful, it will also make you seem more eloquent.

A successful defense attorney who grew up in Waynesboro, Virginia, once told me that in Waynesboro, it is still illegal for a woman to drive a car up Main Street unless her husband is walking in front of the car and waving a red flag.  I can only imagine there must be some kind of story behind the passing of this law many years ago, and I wish I knew what that story was.  Here are 10 more weird laws that are still on the books in Virginia:

1.     Expectorating in public places

Yes, that means spitting.  Spitting in any public area in Virginia, such as a sidewalk or a public stairwell, is categorized as a Class 4 misdemeanor.

2.     Prohibition against the use of substances injurious to fish

Apparently, it is illegal to use explosives to catch fish in Virginia.  Doing so could slap you with a Class 1 misdemeanor.

3.     Fornication

It is still illegal for unmarried persons to make whoopie in the Commonwealth.

4.     Only genuine Smithfield hams are to be labeled or advertised as such

That’s right.  If it ain’t from Smithfield, it’s unlawful to label your salted pork a Smithfield ham.

5.     Sale of speleothems

Speleothems, such as stalagmites and stalactites, are mineral deposits formed in caves.  Limestone speleothems grow extremely slowly- usually less than 10 centimeters every thousand years- so it kind of makes sense that if you break and sell one of these bad boys, you’ll be charged with a Class 1 misdemeanor.

6.     Underwater property recovery

It is illegal to remove any underwater historical specimen without a permit, including at underwater refuse sites or shipwrecks.

7.     Shooting birds for amusement and renting premises for such purposes

This law is not about hunting.  This law makes it illegal to keep live birds, such as pigeons, for use as targets during target practice.  Apparently this was enough of a problem in the past to make it a criminal offence.

8.     Flame throwers and smoke screens on motor vehicles

It is a Class 6 felony to attach a smoke screen or a flame thrower to one’s vehicle which may be a hindrance or obstruction to traffic.

9.    In Richmond, it is illegal to flip a coin in a restaurant to determine who pays for coffee.

10.    In Culpepper, it is illegal to wash one’s mule on the sidewalk.

What happens if I have an accident or become ill and I'm unable to communicate?  This is a difficult question that many of us fail to ask ourselves, but knowing the answer in advance could save your family from a lot of heartache later on.

1. A Power of Attorney lets you choose who makes your key financial decisions if you are unable to do so in the case of accident or illness.​
2. A Medical Power of Attorney lets you choose who makes important medical decisions on your behalf if you are unable to do so. 

No one is immune from aging, loss of mental clarity or health crises that can leave you unable to handle the business of your life: paying bills, managing investments or making key financial decisions.  If you become unable to manage your affairs and you don’t have a power of attorney, then the court may appoint someone to handle your money, property and investments. This could cost your family over $2,000 in attorney’s fees and court costs. Having a power of attorney in place means that YOU decide who manages your affairs, so the decision is not left up to the court.

A medical power of attorney allows you to choose who will make your medical decisions on your behalf. It helps you make the big decisions in advance about end-of-life choices, which is extremely important in helping families through times of crisis. If you don’t have this document, the court can appoint a guardian to make medical decisions on your behalf.

Having a power of attorney and medical power of attorney allows YOU to choose an agent you trust so the important decisions that affect you will be based on your own beliefs and values.  If you're interested in creating or updating these important documents, please contact us for a free consultation.

​1.     Landlords are required to disclose certain facts.

When you move in, for example, a landlord is required to disclose to you the names of all the people who have a right to manage the property.  They’re also required to tell you if there is any visible evidence of mold.  If there is, you have the right to change your mind about moving into the property within five days.

2.     There is a limit on how much the security deposit can be.

Virginia state law dictates that the security deposit cannot exceed the amount of two month’s rent.  Also, if all the conditions are met, the security deposit must be returned to you within 45 days after you move out.

3.     Certain rules have to be followed before you can get evicted.

For example, if you have repeatedly violated the lease (such as damaging the property or keeping a pet), the landlord may give you an “unconditional quit notice,” which means that you have 30 days to move out before the landlord can file for eviction

4.     You have the right to withhold rent if important repairs are not made.

If a landlord fails to take care of an important repair, such as a broken heater or a blown fuse, you have the right to withhold paying rent until the repair is made.

5.     There are restrictions on a landlord’s right to access the rental property.

When a friend of mine was living in Richmond, her landlord and one of his buddies unlocked the door and walked into the apartment she was living in as she was sleeping, with no notice.  As you can imagine, it terrified her.  This action was illegal.  A landlord is required to give you 24 hours notice of entry (unless you’ve requested maintenance).
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It’s always helpful to know the laws and know your rights!  Click here for more information on landlord-tenant laws in Virginia.

We don’t like to think about the fact that our parents may eventually need more care than we are able to provide.  But sometimes a nursing home is the best place for an aging parent when they come to need constant care and health professionals who can monitor their condition 24/7.  Nursing home care can be essential and greatly beneficial, but the reality is that it can also be a crippling drain on a family’s finances.

About 7 out of 10 people over age 65 will need long-term care.  The national average cost for a private room in a nursing home is $83,580 a year, according to the Department of Health and Human Services.  The average nursing home stay is 2 ½ years and about 30% of people entering a nursing home will stay there for 5 years or more.

How can a family pay over $80,000 a year for five years or more?  These prices make financing high college tuitions look like a piece of cake.  Often, an aging parent in a nursing home feels forced to spend all their life savings and sell their house to pay the bills.  That means that children lose both their inheritance and their family home.  Then, once the money runs out, the aging parent finally qualifies for Medicaid assistance.  Medicaid starts paying the bills, and the parent receives the exact same care as before.

It doesn’t have to be this way- especially with a little advance planning- and now is the time to start.

Let me give you an example of why planning in advance can be of such great benefit.  When an aging parent applies for Medicaid, if they have given a gift within the last five years they will be required to wait a penalty period before they can qualify for assistance.  The length of the penalty period depends on the amount of the gift, and the exact calculation varies from state to state and sometimes within a state.  For example, a gift of $30,000 in most areas of Virginia will make a penalty period of about 5 months.  During the penalty period the parent will not be qualified for Medicaid assistance and will be forced to pay for nursing home care out-of-pocket.

This penalty period is important to understand as soon as possible, because if a parent is able to transfer their property or savings out of their name five years in advance of their needing nursing home care, that means they can qualify for Medicaid more quickly and whatever they gifted will be safe from the clutches of the nursing home.

But be careful!  The rules of Medicaid qualification are very complex, unforgiving and often misunderstood, which is why every aging individual should consult with an elder law attorney about how they should approach giving gifts.  There are many ways to be disqualified for Medicaid, and only an experienced elder law attorney will be able to assess what’s best for your situation.

The good news is that the earlier you start planning, the more you will be able to save.  Contact us or stop by our office in downtown Covington, Virginia, to learn more about how we can help protect what’s yours from nursing home costs.  We offer a free consultation to those who wish to begin planning today.

Maybe it’s a leaking roof.  Maybe it’s an expensive piece of farm equipment, like a tractor, that you just can’t live without.  There are many reasons why you might be strapped for cash, but the good news is there’s a little-known way to pull money from your land.  It’s called a conservation easement, and it can not only help you get the windfall you need, it can also preserve and protect your property for future generations.

When you place a conservation easement on your land, you are donating your land to conservation.  That usually means you prevent it from ever being subdivided or developed.  This is a great way to protect your land and its resources.  It’s also a great way to fill your pockets with much-needed cash.

But how much are we talking?  A conservation easement in Virginia comes with highly valuable tax credits.  In fact, Virginia’s Land Preservation Tax Credit (LPC) is the most substantial in the entire country.  The lover’s state offers tax credits worth a generous 40% of the value of the charitable donation.  For example, if the value of your conservation easement is $80,000, you could receive $32,000 worth of tax credits.  Tax credits can be sold for cash in hand right away. 
That means as soon as you donate your conservation easement, the tax credits can be sold immediately, giving you the funds you need to make improvements, purchase equipment, or to spend on whatever your heart desires.

But the profit doesn’t stop at state tax credits.  A conservation easement can also give you valuable federal tax benefits.  You could expect a huge federal tax deduction, potentially equal to 100% of the value of the donation.  For example, if the value of your donated easement is $80,000, you could potentially qualify for a federal tax deduction of $80,000. (The value of the easement is determined by an appraisal of your property).

A conservation easement could benefit you tremendously in terms of finances, but it can benefit you and future generations even more significantly by preserving the integrity of the land you donate.  A conservation easement offers permanent protection for your land and all its resources, including water, timber, migration routes, air quality, and of course, its natural beauty.

Interested?  We can help you donate a conservation easement and guide you through the process of selling tax credits.  Contact us for a free consultation.