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  • What Is the Role of an Executor of an Estate in Virginia?

    What Is the Role of an Executor of an Estate in Virginia?

    You may be unsure of your responsibilities if you have been named as the personal representative (executor) in someone’s last will and testament (will). Many individuals are unaware of what an executor does, let alone whether qualifications are required to serve in this capacity. Some estates are complex and require full administration, while others are relatively simple to administer. 

    To help you understand this role, an experienced probate lawyer from PJI Law, PLC, in Fairfax, Virginia, explains an executor’s responsibilities and how an attorney can guide you through this complicated legal process.

    Who Can Serve as an Executor of an Estate in Virginia?

    Any competent adult over 18 can serve as an executor. Many people name a spouse or a family member as their executor but can also appoint a professional executor or a lawyer to handle their estate administration upon their passing.

    An executor needs to be responsible, trustworthy, and willing to take on the duties of an estate representative. An executor has a fiduciary duty to promote the best interest of the decedent’s (deceased person) estate according to their will. Violating this duty may lead to the executor’s removal and legal repercussions like lawsuits, fines, and even jail time.

    The executor may be required to obtain a bond to fulfill their duties as the estate’s fiduciary since they are the person in a position of trust with respect to the decedent’s property. This bond guarantees that the executor will adhere to the law and fulfill their responsibility to distribute the estate’s assets.

    Initiating the Probate Process

    Probate is the legal process of distributing a person’s property and assets after death. Upon the decedent’s death, the executor of the estate can begin the probate process by scheduling an appointment with the Clerk of the Circuit Court in the proper jurisdiction. In addition to other information, the executor named in the will must bring the original will and a certified copy of the death certificate to the probate appointment.

    Only after accepting appointment as executor and qualifying before the Clerk is the executor given authority to administer the decedent’s estate. Once qualified, the Clerk will issue Certificates of Qualification, also known as letters testamentary. This is the written document bearing the Court’s seal authorizing the executor to act on the estate’s behalf.

    Duties of An Executor

    In addition to other duties, once qualified as the estate’s executor, the executor will need to:

    Send Notice of Probate

    The executor will need to send a Notice of Probate to all beneficiaries and heirs within 30 days of being qualified as executor. The notice informs these individuals that probate has been opened and an executor appointed. The executor must file an affidavit with the Clerk within four months, indicating notice was given.

    Open Estate Checking Account

    When opening a checking account for the estate, the executor must provide the bank with a death certificate and a certificate of qualification. If the estate’s assets produce income, the executor will need to obtain a tax identification number for the estate from the Internal Revenue Service. 

    The executor is responsible for transferring the contents of the decedent’s personal bank accounts to the estate checking account. The executor must keep thorough records of each bank account transaction. Upon conclusion of the probate process, funds will be distributed to heirs and used to pay off any estate debts, taxes, or other fees.

    Locate Assets

    An executor must locate and safeguard any estate assets that must pass through probate. This typically excludes any accounts that pass to beneficiaries directly, property the decedent had co-owned with a surviving spouse, and property in revocable living trusts.

    Establish Date-of-Death Values

    The executor must order appraisals of any real property or business assets of disputable value that belong to the estate. Valuing probate assets is indispensable, but non-probate assets may also require valuation if the estate owes estate taxes since a taxable estate includes both probate and non-probate assets.

    File Inventory of Decedent’s Property and Assets

    An inventory of the decedent’s property and assets must be filed with the Virginia Commissioner of Accounts within four months. Only assets that must be probated need to be included. If the estate is small, this requirement can sometimes be waived.

    Prepare and File Final Income and Estate Tax Returns

    The executor will need to handle any federal and state tax documentation on behalf of the decedent, including income tax returns, estate tax returns, inheritance taxes, and trust income taxes.

    Pay Debts, Claims Against Estate, and Administrative Expenses

    The executor must pay the estate administration expenses, such as appraisal, court, and attorney fees, using the estate checking account. If necessary, the executor may be required to sell estate assets to cover these costs before the conclusion of probate. In addition to satisfying any tax obligations, the executor must pay the deceased’s final bills and debts and any ongoing administrative costs and claims against the estate.

    File Annual Accounting

    These accountings inform the Court of the executor’s actions on behalf of the estate. The first accounting is due within 16 months and covers the first year of the estate. Subsequent accountings, if required, are due within four months of the end of the accounting period chosen by the executor but no later than 16 months after the last accounting.

    Distribute Assets to Beneficiaries

    After discharging all debts, fees, and taxes, the executor will distribute the estate balance to the beneficiaries. The distribution of assets happens after the probate process ends. It requires filing all the necessary documentation, such as a list of all probate assets with their values and an account of any estate taxes, debts, and other expenses the representative had paid.

    How a Probate Lawyer Can Help Estate Executors

    A probate attorney can help estate executors in Virginia:

    • Identify, secure, and obtain appraisals for estate assets
    • Collect life insurance policy proceeds
    • Assist in discharging any debts and bills
    • Prepare and file all probate court documents
    • Resolve any estate or inheritance taxes
    • Manage the estate account
    • Manage all of the steps in the probate process, including those mentioned in this article.

    PJI Law, PLC: Your Estate Administration Attorneys in Northern Virginia

    At PJI Law, PLC, each client receives our complete dedication, personal attention, and courteous, white-glove service. To provide the best experience possible, our skilled team responds quickly to each client and employs cutting-edge technology. 

    If you’ve been named an executor of someone’s estate and are looking for a Northern Virginia “probate attorney near me,” our team of probate attorneys in Fairfax, Virginia, is here to guide you through the complicated probate process. Call PJI Law, PLC today at (703) 865-6100 to schedule your consultation. You can also fill out our online form here.

    Copyright © 2022. PJI Law, PLC. All rights reserved.

    The information in this blog post (“post”) is provided for general informational purposes only and may not reflect the current law in your jurisdiction. No information in this post should be construed as legal advice from the individual author or the law firm, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting based on any information included in or accessible through this post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country, or other appropriate licensing jurisdiction.

    PJI Law, PLC
    3900 Jermantown Rd, 2nd Floor
    Fairfax, Virginia 22030
    (703) 865-6100
    https://pjibe.webteam.ai/

  • 7 Must-Have Qualities to Look for in a Northern Virginia Estate Planning Attorney and Law Firm

    7 Must-Have Qualities to Look for in a Northern Virginia Estate Planning Attorney and Law Firm

    Finding the right estate planning law firm to help you create an estate plan can be challenging. Some people believe that every attorney can provide competent counsel, while others believe that in this complex area of law, price is more important than quality. You get what you pay for, as with most things in life. The choice of an estate planning attorney and law firm should be made with care and based on more than just assumptions or cost.

    At PJI Law, PLC, we provide high-quality estate planning services to clients in Northern Virginia. We’ve helped many clients develop a plan to protect their assets and provide for their families after they pass away, and we can do the same for you.

    Continue reading as our estate planning attorney shares seven must-have qualities to look for in a Northern Virginia estate planning attorney and law firm.

    1. Comprehensive Estate Planning Services

    It is a common misconception that estate planning consists solely of deciding who gets what upon death. This is unquestionably an essential aspect of estate planning and a good reason to find a lawyer who can assist you in drafting a will and a trust. 

    However, having the right estate planning documents can ensure that your wishes are carried out if you become incapacitated. Therefore, it is best to work with an attorney who can also discuss the advantages of:

    2. Clear, Consistent Communication

    Good communication is an essential part of a client/lawyer relationship. Your attorney should be able to explain legal matters in ways you can easily understand.

    Emails, phone calls, and meetings indicate a lawyer’s communication skills. Are they thorough when providing you with information? Do they give detailed answers to your questions? When deciding on your estate planning lawyer, these are just some of the questions you should ask yourself.

    At PJI Law, PLC, our team will give you personalized attention and white-glove service. We are professional, competent, approachable, and responsive. You will never wonder where we are or what we’re doing in your case.

    3. Transparency

    Your estate planning lawyer should be someone you can trust. You’re relying on them to help you make critical decisions about what happens to your real estate, assets, and family after you pass away or about who decides what kind of end-of-life medical treatment you receive.

    When you start working with an estate planning law firm, they should be transparent about their costs, methods, and anything relevant to your partnership.

    4. Availability

    A law firm that’s slow to respond to phone calls and emails can cause major headaches when trying to accomplish time-sensitive estate planning. When considering an estate planning attorney, ask about their policy on contact with their clients. If you call their office and always get a voicemail, it could be a sign to keep looking.

    5. Every Step of the Process Explained

    Most people who hire an estate planning attorney have little or no prior knowledge of the estate planning process. A competent estate planning attorney will explain every step of the process to you in terms you can understand. They should be willing to go above and beyond to give you peace of mind and knowledge about your final financial arrangements.

    6. Regular Contact Maintained

    The day you receive final copies of your estate plan should not be the last time you communicate with your estate planning lawyer. The best attorneys contact their clients periodically to reevaluate their objectives and make necessary adjustments. Additionally, they inform clients of any changes to Virginia law that may affect their estate plans. 

    Your estate planning team plays a significant role in your life from when you hire them until many years after your death, and reaching out is a small way to demonstrate that they are still invested in you.

    7. Client Reviews

    You don’t have to rely on word of mouth to find good estate planning lawyers. When you search online for an “estate planning attorney near me,” reviewing sites like Google and Yelp can give you insight into the overall satisfaction of a lawyer’s clients. 

    You can also read testimonials of people who worked with the estate planning law firm to see what they have to say about their experience.

    PJI Law, PLC: Trusted Estate Planning Attorneys in Northern Virginia

    If you are looking for an estate planning attorney and law firm in Northern Virginia to help you through the estate-planning process, we can help.

    Our committed estate planning team has extensive experience in Virginia estate planning, and we tailor every estate plan to meet each client’s unique needs and desires. We’re committed to helping you create a comprehensive plan that allows you to feel confident and give you peace of mind regarding your end-of-life goals.

    Call PJI Law, PLC at (703) 865-6100 or complete our online form to schedule a consultation. We serve clients throughout Northern Virginia from our offices in Fairfax and Leesburg, Virginia.

    Copyright © 2022. PJI Law, PLC. All rights reserved.

    The information in this blog post (“post”) is provided for general informational purposes only and may not reflect the current law in your jurisdiction. No information in this post should be construed as legal advice from the individual author or the law firm, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting based on any information included in or accessible through this post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country, or other appropriate licensing jurisdiction.

    PJI Law, PLC
    3900 Jermantown Rd, 2nd Floor
    Fairfax, Virginia 22030
    (703) 865-6100
    https://pjibe.webteam.ai/

  • A Northern Virginia Estate Planning Attorney Answers the Most Frequently Asked Questions About Estate Planning

    A Northern Virginia Estate Planning Attorney Answers the Most Frequently Asked Questions About Estate Planning

    Did you know that 67% of Americans have no estate plan? According to an April 2022 survey by Caring.com, an information website for caregivers, the top reason Americans give for their lack of planning is procrastination.

    By reading this article, you are on the path to taking control of your and your family’s future. If you have been searching online for “estate planning lawyer near me,” you likely have many questions about estate plans. At PJI Law, PLC, our estate planning lawyers have helped many individuals and families in Northern Virginia create estate plans. Based on our extensive experience, we have compiled a list of the most frequently asked questions that clients ask. The answers may surprise you.

    What Is Estate Planning?

    Simply put, estate planning is a plan you create to decide how your assets will be managed in the event of your incapacitation or death. Should you suddenly become debilitated, someone else will have to manage your bank accounts, pay your bills, authorize medical treatment, and oversee your assets. If you’re married, you might assume that your spouse would handle those duties – but what if your spouse is also incapacitated? An estate plan names your designated representative and backup representatives, giving them legal authority to carry out your wishes.

    As for the unpleasant subject of death, the old adage is true: there are no U-Hauls behind a hearse. Since you can’t bring your bank accounts and possessions with you in death, you should decide in advance where your estate will go – to family, friends, your favorite charity, your place of worship, or even to reduce the federal debt. An estate planning attorney can help you with the details so that your plan complies with Virginia statutes.

    My Estate Is Small. Do I Still Need an Estate Plan?

    A common misconception is that only the uber-wealthy need estate plans. Even if you consider your estate to be uncomplicated, you need an estate plan that legally describes your wishes for medical care in the event you are incapacitated; names representatives who are authorized to act on your behalf; and designates your beneficiaries. 

    If you neglect to make these written instructions in advance and you experience a devastating accident or pass away, a Virginia judge will control your person and your estate.

    Can I Make an Estate Plan by Myself?

    There are websites that explain how individuals can make their own estate plans. However, these websites frequently have no data on state or federal statutes, or if they do have information on laws, it can be outdated.

    Everyone’s estate is unique, and no cookie-cutter plan will fit your particular circumstances. At PJI Law, PLC, our estate planning lawyers provide advice that is specific to your concerns and desires. You can trust us to be current on estate law as regulated by the Commonwealth of Virginia, the federal government, and the Internal Revenue Service.

    What’s the Difference Between a Will, an Advance Directive, and a Trust?

    Think of an estate plan as a house. Depending on your situation, your “house” may have a few or several “rooms.” Some of the basic “rooms” include:

    • Will – a written document that details who will receive your assets after your death. A will may also include instructions on funeral arrangements, names guardians for your minor children or adult dependents with special needs, and assigns owners to your pets. In Virginia, wills must be witnessed by two competent people.
    • Advance directive – written instructions addressing decisions if you are seriously injured, terminally ill, in a coma, or near the end of life. The advance directive lists the person or people you appoint as agents to direct your healthcare decisions. Like a will, advance directives in Virginia must be witnessed by two competent people.
    • Trust – an estate tool that helps people reduce taxes, avoid probate, and provide financial support for beneficiaries (including pets) after one’s death. Unlike a will, a trust takes effect during your lifetime. Various trust options are available, and a reliable estate planning attorney can advise you which type of trust is suitable for your needs.

    When Should I Update My Estate Plan? 

    You should review your estate plan every three to five years. You should update your estate plan if you’ve had a significant life change, such as:

    • Marriage or divorce
    • New children or grandchildren
    • Death of a loved one
    • Relocation to another state or country
    • Change in tax laws
    • Change in assets
    • Change in status of guardian, executor, or trustee

    I’m a Business Owner. Can I Use an Estate Plan to Delineate Business Succession to My Family?

    Yes. The best place to start is with an experienced estate planning attorney, who can prepare detailed checklists for you and your family, and coordinate with accountants, financial planners, and other professionals as needed. Our team at PJI Law, PLC, is experienced in both estate law and business law.

    PJI Law, PLC: Experienced Estate Planning Attorneys in Northern Virginia

    An online search for “estate planning attorney near me,” brings up many options. For PJI Law, PLC, estate planning is not a one-off transactional process. Rather, we view estate planning as a lifelong partnership between ourselves and our clients. Our attention to detail and high level of responsiveness are why so many clients recommend our legal services. 

    To schedule a consultation with a knowledgeable estate planning lawyer, call us at (703) 865-6100 today, or fill out our online form. We serve clients throughout Northern Virginia from our offices in Fairfax and Leesburg, Virginia.

    Copyright © 2022. PJI Law, PLC. All rights reserved.

    The information in this blog post (“post”) is provided for general informational purposes only and may not reflect the current law in your jurisdiction. No information in this post should be construed as legal advice from the individual author or the law firm, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting based on any information included in or accessible through this post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country, or other appropriate licensing jurisdiction.

    PJI Law, PLC
    3900 Jermantown Rd, 2nd Floor
    Fairfax, Virginia 22030
    (703) 865-6100
    https://pjibe.webteam.ai/

  • 7 Types of Business Contracts in Northern Virginia

    7 Types of Business Contracts in Northern Virginia

    As a business owner, you likely handle a multitude of contracts. These documents are required to hire employees, rent equipment, and conduct general business. Contracts protect your professional relationship with the other party as well as your own business interests. Without a legally binding contract that’s properly written, you could leave yourself open to legal issues and other inconveniences that could hurt your business.

    When drafting a contract, language plays an important role. Writing a contract can begin as a simple process, but you need to include legal language to protect yourself and the other party. For that, you need a professional, especially one who knows the laws in your state.

    When searching for a lawyer, it’s not advisable to simply search online for “business lawyer near me.” Instead, work with an experienced law firm like our team at PJI Law, LLC, in Northern Virginia. You can count on us to help you create well-written, enforceable business contracts.

    What Are Some Different Types of Contracts?

    Most business contracts will generally fall into one of three categories:

    • Employment
    • Sales
    • General business

    Within these categories, you can typically expect to see the following:

    1. Non-disclosure Agreements
    Non-disclosure agreements protect your company’s proprietary information. When working with vendors, contractors, and employees, these agreements prevent them from sharing your internal information with outside sources.

    2. Property or Equipment Leases
    When you lease a building, warehouse space, or special equipment, the contract should include pricing, deposits, duration, maintenance requirements, and the agreement terms.

    3. Purchase Orders
    When purchasing items for your business, you’ll likely encounter a purchase order. This legal document specifies the price, payment terms, delivery specifics, and whether the purchase is a recurring order. As a business owner, this protects your purchase by preventing last-minute price and delivery changes.

    4. Bills of Sale
    A bill of sale helps you transfer a property title to another party. Essentially, it reflects that both parties agreed to the sale. These documents play an essential role in business transactions.

    5. Employment Contracts
    An employment contract outlines the compensation, grounds for termination, employment duration, benefits, and other employment terms. When hiring new employees, this contract protects you from potential lawsuits that may arise during employment or after termination.

    6. Non-compete Agreements
    Non-compete agreements protect your company from losing valuable employees to competitors. Typically, these will outline a location radius, identify competitors, and provide a time period during which the agreement is in effect.

    7. Independent Contractor Agreements
    Separate from regular employment contracts, an independent contractor agreement establishes the terms for an independent contractor’s services.

    How Does a Contract Protect Your Business?

    Business contracts outline the terms and agreements surrounding transactions involving another party. These contracts both minimize risk and help you understand your rights as a business owner. Additionally, they set expectations for both parties. Typically, you’ll want to use a business lawyer to help draft this legal documentation. Business contract lawyers exist to help companies navigate business law and protect themselves during transactions.

    What Is the Purpose of a Contract? Why Are They Important?

    Business contracts serve the purpose of outlining expectations between the involved parties. For example, when hiring a new employee, you need a contract to establish the terms of employment. The contract typically includes the salary and benefits your company is providing. This signed document could prevent an employee from suing you if they later dispute their compensation or other aspects of their employment.

    On the other side, your employees also receive protection from this contract. When an employer breaches an employee’s contracted rights, workers can take legal action. From the business owner’s perspective, employment contracts make you stand out as an employer. This contract shows potential employees your professionalism in the employment process.

    What Is the Process of Making a Contract?

    When first drafting a business contract, you should consider the following in the process:

    • Use language you can understand
    • Use as much detail as possible
    • Include all payment details
    • Include termination details
    • Consider attorney fees and potential mediation

    When it comes to the bottom line, you want to include all necessary information while also preparing for potential future disputes. No matter who the parties are, a business contract keeps everyone safe. You’ll both know what to expect from the agreement and can conduct business accordingly. Problems can arise at any time, and a well-written contract will protect you.

    PJI Law, PLC: Your Business Contract Lawyers in Northern Virginia

    Whether you need help drafting a business contract or you’ve already written one, an experienced business attorney can help ensure that these documents contain the necessary items. Business law can quickly turn complicated, and you don’t want to risk your business’s future due to an improperly written contract.

    With offices in Fairfax and Leesburg, our knowledgeable team at PJI Law, PLC, can guide you through the drafting process. With white-glove service, we’ll take away the headaches of navigating the law on your own. Call us today at (703) 865-6100 or fill out our online form to schedule a consultation.

    Copyright © 2022. PJI Law, PLC. All rights reserved.

    The information in this blog post (“post”) is provided for general informational purposes only and may not reflect the current law in your jurisdiction. No information in this post should be construed as legal advice from the individual author or the law firm, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting based on any information included in or accessible through this post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country or other appropriate licensing jurisdiction.

    PJI Law, PLC
    3900 Jermantown Rd, 2nd Floor
    Fairfax, Virginia 22030
    (703) 865-6100
    https://pjibe.webteam.ai/

  • How Do I Start a Business in Northern Virginia?

    How Do I Start a Business in Northern Virginia?

    It began with an idea, and you now have a strategy. You’re ready to launch a new business, but you want to ensure everything is done correctly. You realize you must adhere to local, state, and federal laws and take measures to safeguard your personal assets against business debts and liabilities. You also know that you must choose a business structure compatible with your long-term expansion and revenue growth goals but are unsure how to proceed. 

    The business lawyers at PJI Law, LLC have significant experience forming businesses for residents of Northern Virginia. We will walk you through the process, from business structure selection to paperwork filing. Contact us today to begin the process of establishing your business.

    Steps for Starting a Business in Northern Virginia

    Now that you’ve decided to start your own business, here’s a list of the key steps you’ll need to follow:

    • Draft a business plan
    • Secure funding
    • Choose a legal business structure
    • Choose a name
    • Register your business
    • Acquire federal and state tax IDs
    • Open business banking and credit accounts
    • Obtain the necessary licenses and permits
    • Choose a location and negotiate a lease
    • Obtain insurance
    • Develop an internet presence

    As you can see, there are several steps involved to get your business up and running. One of the most important steps is deciding upon the proper legal structure for your business. Read on as we discuss this in more detail below.

    Choosing a Legal Business Structure in Northern Virginia

    PJI Law assists clients in the formation of a variety of business structures. We can also assist you in determining which structure is most appropriate for your new venture. Among the possibilities are:

    • Sole proprietorship
    • Partnership
    • Limited liability company
    • C-corporation
    • S-corporation

    Sole Proprietorship

    A sole proprietorship is a straightforward business to establish, as the owner views the business as an extension of themselves. While the simplicity of operating an informal sole proprietorship has several advantages, the owner remains personally liable for business debts and lawsuits. This reason alone demonstrates why it is generally preferable to have a more formal business structure to safeguard your personal assets.

    In Virginia, you can establish a sole proprietorship without filing any legal documents with the Virginia state government. 

    Partnership

    Other business entities, such as partnerships, limited partnerships, and limited liability partnerships, are permitted under Virginia law. A partnership, or general partnership, is simply an arrangement between two or more individuals to carry on a business for profit as co-owners. In exchange for an interest in the business, each partner contributes money, goods, property, or services. 

    The partners share in the business’s profits and losses and have an equal say in how the business is managed and conducted. While the partnership is a distinct legal entity, it does not protect the partners’ personal assets from its liabilities. However, when a partnership is registered in Virginia as a limited liability partnership, the partners’ personal assets are generally protected from the business’s liabilities.

    Limited Liability Company

    Limited liability companies (LLCs) are a very popular choice for new businesses in Northern Virginia. As the name implies, owners are only liable to a certain extent. As an LLC, your personal and business assets can remain separate, which means debt collectors will not be able to seize your personal assets to collect debts. LLCs are also exempt from the same stringent rules and regulations that apply to corporations. For example, if you form an LLC, you can avoid holding shareholder meetings and submitting annual reports. You’ll also have more options for management and profit distribution. 

    Many people in Northern Virginia prefer LLCs because of the tax benefits. You can choose to be taxed as a corporation, partnership, or sole proprietorship when PJI Law forms your LLC. Your Northern Virginia business lawyer will assist you in determining which option is best for your company.

    Understanding S-Corporations and C-Corporations

    Many of our clients want to start a business but are unsure how to get started. They are undecided about whether to form an S-corporation or a C-corporation. S-corporations are ideal for smaller businesses with limited growth prospects. S-corporations can have up to 100 shareholders who receive common stock and voting rights. The profits earned by the shareholders are taxed. 

    C-corporations can have an unlimited number of shareholders, allowing growth and expansion. These businesses, on the other hand, are taxed twice. First and foremost, the corporation must pay corporate taxes. Second, the profits of the shareholders are taxed. 

    You can get preferred stock when you run a C-corporation, but it doesn’t come with voting rights. Preferred stockholders, on the other hand, are entitled to dividends before common stockholders. 

    Before recommending the best option for you, PJI Law will assess your business plan and growth potential. Then our Northern Virginia business attorneys will assist you in forming your company.

    Liability for Sole Proprietors and Partnerships

    In some instances, operating as a sole proprietor or forming a partnership makes sense. These entities, however, do not provide liability protection. Additionally, your personal assets and the business’s assets are not segregated. That means a creditor can sue you for business debt and obtain a judgment against your personal assets. Consult a Northern Virginia business attorney before forming a sole proprietorship or partnership. Your attorney can review your business plan and financial assets to ascertain the level of risk associated with such an endeavor. Additionally, the attorney can discuss ways to protect your assets from business debts.

    PJI Law: Your Business Lawyer Near Me

    Have you found yourself searching for a “business lawyer near me?”  PJI Law is a law firm that provides boutique legal services in business law, estate planning, probate, and civil litigation. Our team of experienced business attorneys will go above and beyond to make your life easier, with courteous, prompt service and constant communication. We help small business owners of all types and take legal headaches off your plate so you can focus on your business by ensuring you meet all legal requirements for starting a business in Northern Virginia. 

    Schedule a consultation with PJI Law today at (703) 865-6100 to learn more about how we can help you proceed with forming your Northern Virginia business. You can also fill out our online contact form here.

    Copyright © 2022. PJI Law, PLC. All rights reserved.

    The information in this blog post (post) is provided for general informational purposes only and may not reflect the current law in your jurisdiction. No information in this post should be construed as legal advice from the individual author or the law firm, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting based on any information included in or accessible through this post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country or other appropriate licensing jurisdiction.

    PJI Law, PLC
    3900 Jermantown Rd, 2nd Floor
    Fairfax, Virginia 22030
    (703) 865-6100
    https://pjibe.webteam.ai/

  • How Does the Probate Process Work in Virginia?

    How Does the Probate Process Work in Virginia?

    Probate is the legal process of distributing a person’s property and assets after their death. The law refers to the person who died as the decedent during the legal process. If a decedent dies with a valid will, the decedent’s assets will be distributed according to the terms of their will. Virginia’s probate laws would govern the distribution of the decedent’s assets if the decedent died without a valid will. Probate isn’t always required after someone passes away; it depends on the decedent’s assets. 

    We know that navigating the death of a loved one is already a complicated experience. At PJI Law, PLC, our experienced Northern Virginia probate attorneys can help you distribute assets and handle the legal complexities on your behalf. 

    Qualifying as an Executor

    A person can initiate the probate process by bringing the last will and testament of the decedent to the Clerk of the Court and asking to qualify as an executor of their estate unless the decedent already named an executor or personal representative in their will. If you seek to begin the probate process, you must go to the Circuit Court in the city or county where the decedent passed away or owned property.

    To qualify as an executor, a person must be over 18 years old and acquire a bond or surety, although that may sometimes be waived. You must also convince the court that you’re competent and capable of serving as the executor. Individuals who live outside of Virginia may still be eligible, but a Virginia resident must accompany them to the Clerk’s Office.

    What to Expect During Probate

    After a qualified executor has initiated the probate process, the Circuit Court Clerk or Deputy Clerk will validate the will. Then, the executor can perform an inventory and create a list of the decedent’s assets. The executor will present the list to the Commissioner of Accounts once the inventory is completed. The executor must also file an income and expense accounting with the Commissioner of Accounts.

    The executor is also responsible for paying all bills and tax returns left by the decedent and settling all financial matters that were left unresolved, including debts and claims made against the estate. The executor might also need to deal with individuals who might contest the will. PJI Law can assist in resolving those matters in probate court. A trusted lawyer from the team can assist with, and manage, this entire process.

    When Is Probate Necessary?

    Some assets do not need to go through probate in Virginia and may be directly disbursed to the beneficiaries. Non-probate assets could include retirement accounts, payable-on-death or transfer-on-death accounts, joint tenancy assets, property in a living trust, and life insurance payouts.

    Probate is especially beneficial if the decedent owned property solely in their name — probating the will formally transfers the title of the property to the recipients or heirs according to the will. Typically, probate is essential whenever a decedent dies and leaves behind property titled exclusively in their name. However, if an estate is small enough, probate may not be required, and the survivors can go through a streamlined process instead.

    How Long Does the Probate Process Last?

    Probate can be a time-consuming process. It can take as few as six months or go on for multiple years. Typically, after a person dies, state law prevents the closure or distribution of an estate before the end of the creditor period. 

    A variety of elements can affect the length of probate. These include the existence of a testamentary trust, familial disagreements, individuals contesting the will, and the degree of estate planning the decedent completed before they died. The number of assets and the size and value of any real estate upon the decedent’s death can also impact the length of estate administration.

    Navigating the Probate Process

    Death often results in various emotions and reactions from the decedent’s loved ones. In many cases, serving as the executor or personal representative can help individuals through the grieving process. 

    Probate can also lead to surprises in the wake of an individual’s death. When managing the decedent’s affairs, their executor may encounter information that they are not expecting about that person. At PJI Law, PLC, our clients always come first. Our team of professional probate lawyers have experience guiding individuals through every step of the legal process. We know that grief can be complicated, so we strive to take as much stress and frustration out of the process.

    PJI Law, PLC:  Northern Virginia Probate Attorneys You Can Rely On

    At PJI Law, PLC, we pride ourselves on offering superior services that our clients can trust. Each PJI Law client gets our total commitment, personal attention, and courteous, prompt service. Our skilled team responds quickly to each client, and we use the latest innovative technology to provide the best experience possible. 

    If you are looking for a Northern Virginia “probate attorney near me,” our team of probate attorneys located in Fairfax, Virginia, will provide personal attention to every detail and aspect of your case. Our practice areas include probate, estate planning, and estate litigation. To schedule a consultation, call our team at PJI Law, PLC today at (703) 865-6100. You can also fill out our online form here.

    Copyright © 2022. PJI Law, PLC. All rights reserved.

    The information in this blog post (“post”) is provided for general informational purposes only and may not reflect the current law in your jurisdiction. No information in this post should be construed as legal advice from the individual author or the law firm, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting based on any information included in or accessible through this post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country or other appropriate licensing jurisdiction.

    PJI Law, PLC
    3900 Jermantown Rd, 2nd Floor
    Fairfax, Virginia 22030
    (703) 865-6100
    https://pjibe.webteam.ai/

  • Are You Dealing With a Real Estate Dispute in Northern Virginia?

    Are You Dealing With a Real Estate Dispute in Northern Virginia?

    Are you currently in the middle of a real estate dispute in Northern Virginia? Or, do you think you might have a claim for one? Unfortunately, real estate disputes can be immensely frustrating and cause undue stress. With the high cost of property, the stakes are high in any real estate dispute, and this is why you need to know your legal options. At PJI Law, PLC, we can help you understand every option on the table. Our experienced real estate lawyers will do whatever it takes to ensure you get the legal representation you deserve if you have a case.

    Common Real Estate Disputes

    Real estate disputes are not all made the same. There are many circumstances under which a dispute can arise. It is essential to be aware of the different types of real estate disputes if you own or are involved with real estate in any capacity. Real estate disputes include but are not limited to the following:

    • Breach of contract
    • Fraud
    • Landlord/tenant issues
    • Ownership disputes
    • Partition Suits
    • Boundary line disputes
    • Tree disputes

    There are many other ways in which a real estate dispute can arise.  If you believe you may have legal issues regarding real estate, contact a civil lawyer as soon as possible. Your particular circumstances may not fall under the list above, but that does not mean you do not have legal recourse available to you. Make sure you reach out to a professional real estate litigator as soon as possible to evaluate your situation.

    Real Estate Fraud in Virginia

    In Virginia, real estate disputes caused by fraud are unfortunately common. Sellers misrepresent their property far too often. The buyer usually does not figure this out until it is too late. Sometimes people even sell or rent property that they do not own. As ridiculous as it sounds, these transactions often come to completion, resulting in the purchaser not having any legal right to the property they just purchased.

    There are many more examples of real estate fraud that occur. People looking to defraud others are constantly innovating, finding new ways to take advantage of the hope and excitement of new buyers and renters. In Virginia, these people are subject to both civil and criminal charges.

    If you think the seller defrauded you in a real estate transaction, do not wait around for them to have a change of heart. Contact a civil attorney today. An experienced real estate litigator will help you understand your options and do what is necessary to get your money back.

    Real Estate Contract Disputes

    In any real estate transaction, each party is required to sign a contract. The terms and conditions of the contract are binding upon each party once signed. Unfortunately, sometimes people do not adhere to the terms. If one party does not live up to every aspect of the contract, they are in breach of contract and you can file a legal claim.

    In Virginia, to file a successful claim for breach of contract, all you have to show is that the other party violated the contract. You do not have to show that they did so willfully. You only need to show there was a contract violation and that you suffered damages as a result.

    The terms of contract can be challenging to understand, and to be honest, boring to read. If you think you have a claim for breach of contract in a real estate dispute, do not try on your own to determine if the other party violated the contract. Contact an experienced lawyer to help you. A breach of contract lawyer will have the expertise and knowledge necessary to evaluate your contract and determine if you have a claim.

    Contact PJI Law Today

    Have you found yourself searching for a “real estate lawyer near me”? Well, look no further. At PJI Law, we can help you handle every aspect of your real estate dispute.

    Let one of our experienced lawyers navigate the muddy waters of real estate law for you. They will evaluate your claim and walk you through every step of the process. We will go above and beyond to make your life easier with courteous, prompt service and constant communication.

    At PJI Law, our experienced attorneys have handled all types of real estate disputes in Virginia. We can begin with conflict resolution or arbitration, but our real estate litigators are more than willing to go to trial when needed. We will argue your case in front of a judge and jury if necessary, and help you resolve the dispute and recover damages.

    Schedule a consultation with PJI Law today at (703) 865-6100 to learn more about how we can help you proceed with your real estate dispute case. You can also fill out our online contact form here.

    Copyright © 2022. PJI Law, PLC. All rights reserved.

    The information in this blog post (“post”) is provided for general informational purposes only and may not reflect the current law in your jurisdiction. No information in this post should be construed as legal advice from the individual author or the law firm, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting based on any information included in or accessible through this post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country or other appropriate licensing jurisdiction.

    PJI Law, PLC
    3900 Jermantown Rd, 2nd Floor
    Fairfax, Virginia 22030
    (703) 865-6100
    https://pjibe.webteam.ai/

  • Understanding Guardianship in Northern Virginia

    Understanding Guardianship in Northern Virginia

    The guardianship and conservatorship laws in Virginia can be tricky to navigate. If you’re considering applying for guardianship of a family member, then the first thing you’re going to need is the professional help of an experienced guardianship and estate planning attorney. Here at PJI Law, PLC, we can fill the bill.

    Although estate planning is an integral part of people’s affairs, many people neglect it. However, that’s where we come in. Our Fairfax, Virginia, legal team at PJI Law can aid you with both guardianship and estate planning, offering our assistance and guidance when you need it most.

    Is There a Difference Between a Guardian and Conservator?

    You may have heard the terms “Guardian” and “Conservator” used interchangeably before, but they’re two different things. To become a guardian, you must obtain a court order appointing you as the legal guardian of the person in question (an incapacitated adult), for whom you would be primarily responsible in terms of their care. In contrast, a conservator only has the legal authority to manage the financial and estate planning of the incapacitated person.

    How Do You Apply for a Guardianship in Northern Virginia?

    If your family member or loved one is incapacitated and unable to care for themselves, you can apply for guardianship of the person through the courts. To do so, you’ll first need the assistance of a professional guardianship attorney. Once you find a guardianship lawyer you can trust, the next step is to comply with the requirements that begin at Virginia Code §64.2-2000.

    The requirements include:

    1) Filing a Petition

    If you’re applying to become someone’s guardian, you’ll need to file a petition. Once you do, you’ll officially be the “petitioner,” and the person you’re seeking guardianship of will be the “respondent.” You’ll also typically need to file your guardianship petition in the county in which the respondent currently resides or where they lived before being moved to a care home (if they live in one).

    2) Assigning a Guardian Ad Litem

    After filing the petition with the court, a judge will then appoint a Guardian Ad Litem (GAL). The GAL will then initiate an investigation of the claims and statements in the petition to determine their validity.

    3) Gathering Evidence

    It’s the responsibility of the petitioner to gather evidence that proves the claims made in the petition. The evidence should clearly show that the respondent is incapacitated and will need the help of a guardian to receive proper care.

    4) Attending Court Hearings

    After the petitioner gathers all the relevant evidence, the next step in the guardianship process is attending court hearings. The time and date of the hearing will vary based on the procedures and scheduling limitations of the court where you filed the petition.

    5) Court Order of Appointment

    The only person who can appoint a petitioner as a legal guardian is a judge. If the judge approves the request, the next step is for the petitioner’s attorney to file a Court Order of Appointment.

    6) Qualifications

    Once the judge signs the Court Order of Appointment, the next step for the petitioner is to go before the Clerk of the Circuit Court for qualifications. The process consists of signing forms and documents, and you’ll have to swear an oath certifying you’ll perform your legal duties to the best of your ability. Once the qualification process is complete, only then will you be an official guardian.

    Why You Should Hire a Guardianship and Estate Planning Attorney in Northern Virginia

    As you can see, the guardianship process can be time-consuming and complex. It involves many steps, qualifications, and requirements, and failure to comply correctly can result in the denial of your petition. For these reasons alone, it’s crucial to have the experience and skill of a professional guardianship and estate lawyer.

    In addition, an estate and guardianship lawyer will guide you through the application process, help you with the filing requirements, and serve as your advocate during the court hearings.

    Professional Guardianship and Estate Attorneys

    When you need the assistance of a guardianship and estate planning attorney, look no further than the professionals at PJI Law, PLC in Fairfax, Virginia. Our legal team has experience successfully handling guardianship cases in Northern Virginia, and we also provide estate planning. Call us today at (703) 865-6100 to learn more about our firm and schedule your initial consultation. You can also fill out our online form here.

    Copyright © 2022. PJI Law, PLC. All rights reserved.

    The information in this blog post (“post”) is provided for general informational purposes only and may not reflect the current law in your jurisdiction. No information in this post should be construed as legal advice from the individual author or the law firm, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting based on any information included in or accessible through this post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country or other appropriate licensing jurisdiction.

    PJI Law, PLC
    3900 Jermantown Rd, 2nd Floor
    Fairfax, Virginia 22030
    (703) 865-6100
    https://pjibe.webteam.ai/

     

  • Dealing with an Unsafe Vehicle in Northern Virginia? Understand the Commonwealth of Virginia’s Lemon Laws.

    Dealing with an Unsafe Vehicle in Northern Virginia? Understand the Commonwealth of Virginia’s Lemon Laws.

    Most people are excited when they purchase a new car and enthusiastic about driving and enjoying the novel experience on the road. However, sometimes things go wrong. Shortly after driving the car off the lot, the problems start. The vehicle routinely breaks down, and mechanics can’t seem to fix the issues.

    Have you recently purchased a new car only to be almost immediately disappointed? Does the vehicle continuously break down with issues the mechanic can’t fix? Have you ever wondered if you might have a lemon on your hands? If this describes your experience, you are not out of options. The Commonwealth of Virginia has a lemon law on the books to protect consumers just like you.

    What is Virginia’s Lemon Law?

    The Virginia Motor Vehicle Warranty Enforcement Act, or lemon law, protects consumers who have purchased cars that have serious or recurring problems. If your vehicle meets the conditions for the lemon law in Virginia, the car’s manufacturer owes you a full refund or a new replacement vehicle.

    However, manufacturers aren’t always cooperative and refuse to hand over money or provide you with a replacement vehicle. If this happens to you, reach out to an experienced lemon law lawyer in northern Virginia to help you with a claim. Following the purchase of a new vehicle, the Virginia lemon law protects you for the next 18 months. You may have a claim if:

    • The car underwent repairs for the same defect at least three times without the issue being fixed, or
    • one or more attempts were made to fix a serious safety problem, or
    • the vehicle was out of service for a total of 30 days or more.

    What to Do If You Think You Have a Lemon

    If you think your vehicle is a lemon, there are specific steps you should take to make sure you are protected. First, make sure that you take your car to the dealership for repairs. Going to a local mechanic or trying to make the repairs yourself could be more convenient in the short term, but it could hurt your claim under the lemon law.

    Second, keep detailed records of all repairs and make sure you get and keep any receipts. The receipts will demonstrate that they meet the eligibility requirements for the lemon law. They will also help your attorney establish a timeline and prove that you deserve a full refund or a new replacement vehicle.

    What to Do if the Dealership Can’t Fix your Car

    If you meet the qualifications of the lemon law in Virginia, and the dealer hasn’t fixed the problems with your car, you must notify the manufacturer, ideally via mail in writing.

    In your letter of notice to the dealership, you should be sure to include the following information:

    • Year, make, model, and VIN for your vehicle
    • The dates you took your car for repairs and the problems
    • A copy of each repair order
    • Request a buyback under the Virginia Lemon Law

    Used Cars and the Lemon Law

    Although the lemon law is primarily designed to protect those who purchase new vehicles, there is a chance your used car might also be covered under the lemon law if the last owner bought it as a new car within the 18-month timeframe.

    If your used car meets the criteria for protection under the lemon law, it will likely qualify for the same protection as if you purchased it brand new. Many owners of used cars have made successful lemon law claims in Virginia.

    Although many people have made successful lemon law claims for a used car, doing so is more challenging than with a brand new car. If you think your used vehicle meets the lemon law criteria in Virginia, be sure to contact a lemon law attorney.

    Contact PJI Law Today

    If you think that you have a valid claim under Virginia’s lemon law, you don’t have to continue driving a frustrating and unsafe vehicle. One of our attorneys can help you with every step of your lemon law claim. Don’t let the manufacturer and dealership get away with selling you a defective car. We can help you get your money back or a new replacement vehicle.

    If you have already filed a lemon law claim, but the manufacturer is playing hardball, we can help here too. Unfortunately, manufacturers often wait until an experienced attorney gets involved before they decide to pay up. To request a consultation, call us at (703) 865-6100 or fill out our online form.

    Copyright © 2021. PJI Law, PLC. All rights reserved.

    The information in this blog post (“post”) is provided for general informational purposes only and may not reflect the current law in your jurisdiction. No information in this post should be construed as legal advice from the individual author or the law firm, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting based on any information included in or accessible through this post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country or other appropriate licensing jurisdiction.

    PJI Law, PLC
    3900 Jermantown Rd, 2nd Floor
    Fairfax, Virginia 22030
    (703) 865-6100
    https://pjibe.webteam.ai/

  • How Will the “Build Back Better Act” Affect Your Virginia Estate Plan?

    How Will the “Build Back Better Act” Affect Your Virginia Estate Plan?

    If you’ve been following the latest legislative news, you’re likely wondering how the Build Back Better Act (BBBA) tax provisions would impact estate tax planning in Virginia. We felt this to be an issue needing some discussion since we’ve already received many calls and emails about it, so let’s talk about it here.

    On September 15, 2021, the House Ways and Means Committee voted in favor of the tax provisions included in the $3.5 trillion BBBA. The BBBA focuses on implementing President Biden’s social and education policies.

    Our legal team at PJI Law, PLC consists of highly experienced estate planning attorneys in Fairfax, Virginia. All of our lawyers maintain a thorough understanding of existing federal and state laws, stay abreast of proposed statutes, and can assist you in making changes to your estate plan if the tax code changes.

    How Will the Proposed BBBA Legislation Affect Estate Planning?

    Decreased Exemptions: Gift and Estate Tax

    A certain amount of the total of the assets gifted or bequeathed in a given year is exempt from tax. Under existing law, the estate and gift tax exemptions stand at $11.7 million per person until January 1, 2026. The BBBA would lower the existing estate, gift, and generation-skipping transfer tax exemptions to approximately $6 million, effective January 1, 2022.

    Non-Business Assets Valuation

    Commonly in estate planning, we arrange the transfer of non-publicly traded assets that have been appraised at certain valuations. Under the BBBA, while this strategy would still be viable for interests in operating businesses, it would no longer be an option for family entities funded with marketable securities.

    The BBBA creates a two-step asset valuation process. For the first step, any non-business assets would get valued according to current market prices, with no allowable valuation discount. For the second step, the rest of the transferred entity would receive a valuation based on willing buyer-willing seller analysis, ignoring the value of non-business assets.

    Grantor Trusts: Income Taxation on Sales

    As per the proposed Section 1062 in the BBBA, the new legislation would require you to pay capital gains taxes on appreciated assets sold to your irrevocable grantor trust, ending a popular estate planning strategy. Plus, losses sustained by depreciated assets sold to your grantor trust would not factor into your tax calculations.

    Change in Estate Planning Strategy: Estate Taxation of Grantor Trusts

    Some of the changes that will take place if Congress enacts the proposed BBBA legislation include:

    • Insurance Trusts — Payment of future insurance premiums for policies held by a trust would become subject to the estate tax.
    • Grantor Retained Annuity Trusts — As per the proposed Section 2901, Grantor Retained Annuity Trusts would no longer be beneficial because any appreciation during the annuity term would become taxable once the term ended.
    • Spousal Lifetime Access Trust — A trust that provides for a spouse’s needs during the spouse’s lifetime would now be seen as a grantor trust, subjecting it to the estate tax.

    Specific Real Property Used in Farming or Other Trades or Businesses

    Under the proposed BBBA legislation, properties used for farming and other trades would be able to take advantage of material relief from the estate tax. The properties would get valued based on the use rather than their fair market value.

    Choosing an Estate Planning Attorney Near You

    The BBBA would directly impact Virginia’s estate tax planning. By choosing an attorney to guide you through the changes, you can focus on your business and family legacy rather than the intricacies of possible estate tax changes.

    An estate planning attorney can assist you in the following ways:

    • Create or review your personalized estate plan
    • Guide you through the new rules and update your power of attorney
    • Help keep your hard-earned money within your family
    • Develop your business tax strategy
    • Help you understand the BBBA

    PJI Law, PLC: A Trusts and Estates Law Firm in Fairfax, Virginia Offering White-Glove Service

    The BBBA will almost certainly affect your Virginia estate plan. If the BBBA gets passed, planned transfers to trusts will need immediate attention to avoid paying higher taxes. Our licensed estate planning lawyers at PJI Law, PLC will provide valuable tax advice and draft customized legal documents to carry out your wishes as closely as possible. Because we focus on each client’s particular story, you can expect personalized service and attention from our competent, professional staff.

    Avoid probate with a solid estate plan that will serve as a financial safety net, protect your assets, and provide for your family’s future.

    Call us at (703) 865-6100 to speak with a veteran estate planning attorney from the PJI Law, PLC legal team in Fairfax, Virginia, or fill out our contact form.

    Copyright © 2021. PJI Law, PLC. All rights reserved.

    The information in this blog post (“post”) is provided for general informational purposes only and may not reflect the current law in your jurisdiction. No information in this post should be construed as legal advice from the individual author or the law firm, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting based on any information included in or accessible through this post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country or other appropriate licensing jurisdiction.

    PJI Law, PLC
    3900 Jermantown Rd, 2nd Floor
    Fairfax, Virginia 22030
    (703) 865-6100
    https://pjibe.webteam.ai/