Tag: Estate Planning

Did you know that a 2022 survey indicated that 67% of Americans do not have an estate plan? We commend you if you have prepared for the future by implementing an estate plan. But don’t stop there. Creating an estate plan is not a one-time task. To ensure your loved ones are taken care of after you’re gone, there may be additional steps you need to take.

Get peace of mind now and save your loved ones trouble later by taking these steps to ensure that your wishes are followed after you’re gone. Continue reading to learn which seven things you may need to include as part of your VA estate planning.

At PJI Law, PLC, our estate planning lawyer team is here to answer any questions you may have about the estate planning process. Contact us at (703) 865-6100 to receive personalized service and attention.

VA Estate Planning Essential Documents

Before we discuss seven things you may need to include as part of your VA estate planning process, we want to ensure that you have included the following four essential documents in your existing estate plan:

• Will
• Trust
• Power of Attorney
• Advance Medical Directive

In addition to the above documents, our estate planning attorney team can help you with estate plan maintenance, transfer-on-death deeds, and more.

1. Gather and Store Important Documents

To ensure that your loved ones have access to the documents they need after you pass away, gathering and storing them in a safe, secure location is critical. We also encourage you to create digital copies of these documents. Include documents such as your:

• Will and other estate planning documents
• Birth certificate
• Marriage certificate
• Tax returns
• Property deeds
• Vehicle titles
• Contact information for professionals that you work with, such as financial advisors, tax accountants, and attorneys
• Names of friends and relatives you want to be notified of your passing
• Passwords for your electronic devices and important online accounts

After organizing and storing these documents, provide a detailed list of them and their location (both physical and digital) to your executor or another trusted individual, such as your estate planning attorney. This will make it easier for them to locate the documents when needed.

2. Update Beneficiary Designations

Updating beneficiary designations is another step to take as part of your VA estate planning. This includes updating the beneficiaries on your life insurance policies, retirement accounts, and other assets. Making these updates ensures your assets are distributed according to your wishes.

3. Make a List of Your Possessions Inside and Outside Your Home

Taking stock of your possessions inside and outside your home and writing them down ensures that nothing is forgotten or overlooked. An itemized list is essential if you want to pass on certain items to specific family members or friends and ensure they are designated in your will or trust so that your wishes are followed.

Having an inventory of your possessions in one place can help you determine the total value of your estate, ensuring that your estate plan is properly structured to minimize taxes and maximize asset distribution.

When creating your list, consider all your possessions, such as heirlooms, furniture, electronics, jewelry, collectibles, artwork, lawn equipment, power tools, and cars. Remember to include any personal property stored at a separate location, like a safe deposit box at a bank, storage unit, or someone else’s home.

We also suggest taking pictures of your possessions and creating a digital album to include with your other important documents.

4. Create a List of All Your Debts

Creating a list of your debts ensures your family members and loved ones are not burdened with dealing with unknown financial obligations after you pass away. By creating a comprehensive list of all outstanding debts, your family members know who and what needs to be paid.

Include the account number, contact information, balance due, and payment date. Having a list of your debts can also help your family avoid any confusion or disputes with creditors about your debts that may arise after your death.

5. Make Arrangements for Your Pets

Making arrangements for your beloved pet is a part of estate planning that can often be overlooked. Designate someone you can trust to ensure your pet will have a safe and loving home to provide them with the care they need once you are gone. It is best to name primary and secondary guardians who have agreed to take on the responsibility of caring for your pet if something happens to you.

In addition, create a financial plan for your pet’s well-being, such as setting aside funds for veterinary care, food, toys, bedding, and other related items. Making these preparations now will give you peace of mind knowing someone you trust will be there to care for your beloved pet once you’re gone.

6. Create a Plan for Your Digital Assets

With so much of our lives stored online, you must plan for what happens to your digital assets in the event of death or incapacitation.

Those special photos, memorable emails, and cryptocurrency could be forever lost if you don’t have a plan for how to transfer them to your loved ones upon your death. Digital assets include online bank accounts, investments, social media accounts, emails, photographs, and more.

With a written plan, your family will know about these digital assets and have your written authorization to access them. Having a plan also allows you to protect your privacy, as you can decide who can access your accounts and their information.

7. Prepare a Funeral and Burial Plan

Making funeral arrangements is another overlooked step in VA estate planning. A well-thought-out plan should ensure that your wishes are respected in the event of your death and will make this difficult time much easier for your loved ones.

We suggest including the following steps as part of your funeral and burial plan:

• Plan Your Service in Advance. Include where and how you wish to be buried, what kind of ceremony or tribute you want or don’t want, and any other meaningful details such as readings, prayers, flowers, etc.
• Document and Share your Wishes. Don’t assume talking about your funeral and burial wishes with your family is all you need to do. Document and share your wishes in writing and include the name of the funeral home or cremation provider where you made arrangements, so your family knows who to contact when the time comes.
• Pre-Pay Your Funeral Plan. Lock in funeral costs with pre-payment to ensure that these expenses have already been taken care of whenever it’s time.

PJI Law, PLC: Your Northern Virginia “Estate Planning Attorneys Near Me”

By following the steps above and including them as part of your VA estate planning, you can ensure that all your wishes are carried out after you’re gone and save your loved ones a lot of trouble. If you need assistance getting started or have questions about any part of the process, please don’t hesitate to call us.

There’s no need to search online for “estate planning attorneys near me.” At PJI Law, PLC, each client receives our complete dedication, personal attention, and courteous, white-glove service.

Call our office at (703) 865-6100, or complete our online form to schedule your consultation with our Fairfax, Virginia, estate planning legal team. We provide a full range of estate planning services to protect your family and your legacy by ensuring the seamless transfer of your assets.

Copyright © 2023. 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/

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:

• Advance Medical Directives
• Powers of Attorney
• Business Succession Planning
• Deed Preparation
• Transfer-on-Death Deeds
• Estate Plan Maintenance

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/

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/

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/

In March 2021, the Sensible Taxation and Equity Promotion (STEP) Act proposal came into public view. What does it propose, how does it differ from the previous taxation laws, and how can it affect you and your property? In this article, the PJI Law, PLC team in Fairfax, Virginia, explains how this STEP Act might be relevant to you in your estate planning.

The Stepped-Up Basis

Until now, many American families have benefited from a system known as the stepped-up basis, which has enabled them to bypass capital gains taxes when someone inherits property. Under this rule, an inherited asset steps up in value when the original owner dies so that the heirs pay a lot less in capital gains taxes.

The stepped-up basis principle has allowed families to pass on assets for generations while bypassing taxation.

How Does This Work?

Let’s say that Mr. and Mrs. Jones, a couple that has worked hard for their family and invested wisely, conduct multiple real estate transactions during their lifetime. The value of their assets grows, and during the next 30 or 40 years, their property appreciates impressively.

If Mr. and Mrs. Jones were to sell their property during their lifetime, they would need to pay considerable capital gains tax. But when they die and their children, Michael and Laura, inherit all assets, the current income tax laws disregard the appreciation in the value of the Jones property.

As this process goes on throughout generations, it can effectively keep money and assets in the Jones family without paying taxes on the gains.

The New STEP Act Proposal

The STEP Act has been developed to change the step-up basis tax rule. In practice, the act’s provisions would mean that any property transfer would be subject to a transfer tax either as inheritance or during the individual’s lifetime.

The updated tax regulations would apply to any gain exceeding $1 million at death or $100,000 during a lifetime, provided that the recipient is not a spouse, charity organization, qualified disability trust, or cemetery trust.

Many individuals have been using the step-up basis method of transferring assets to a trust as a means to avoid income tax. The STEP Act would remove this practice, making transfers to a trust also taxable.

The STEP Act would require all non-grantor trusts to report gains on appreciated assets once in 21 years. If a trust has over $1 million in assets or over $20,000 of gross income, it would need to provide a balance sheet and income statement to the IRS, along with a list of trustees, beneficiaries, and grantors.

If the STEP Act passes as a retroactive provision, any inheritances or gifts transferred after December 31, 2020, could be taxable.

Criticism of the STEP Act

The STEP Act proposal has evoked some resistance and warnings about its possible implications. In particular, it has raised concerns among farmers who may own considerable landed property and extensive farm equipment but who often struggle with fluctuating incomes and high agricultural business expenses.

Farms and other illiquid properties would be taxable even if they stayed in the family – in the event the children carry on their parents’ business, for instance. The heirs would have 15 years to pay the transfer tax. For some farmers, the tax would make it impossible to hold on to an inherited family property.

The proposed STEP Act could also become problematic in the scenario of adult children having guardianship over an elderly parent, such as incapacitation, mental illness, or dementia.

Under the current step-up basis approach, the legal guardians have an incentive to retain any property during the family member’s lifetime. But if the STEP Act passes, one may expect that more guardians would choose to sell family property, potentially leaving many elderly people financially vulnerable.

Furthermore, eliminating the step-up basis would create considerable difficulties for estate administrators trying to ascertain the change in the basis value of the inherited or gifted property.

What Would Changes in Property Taxation Law Mean for Me?

It is important to remember that the STEP Act proposal has not passed yet, so its final form is subject to changes.

If you have any concerns about property transfer regulations or taxes, we recommend consulting a knowledgeable estate planning attorney who can recommend a viable property and inheritance management strategy.

PJI Law, PLC: Estate Planning Attorneys in Fairfax, VA

Welcome to PJI Law, PLC, a law firm that provides efficient, top-quality legal services in the areas of estate planning, probate, business law, and civil litigation. We focus on each client’s unique story while we offer personalized service and attention. Our professionalism, experience, and dedication manifest in our excellent reputation and stellar client reviews.

To get in touch with a member of the PJI Law, PLC team in Fairfax, VA, call 703-865-6100 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 contained 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 on the basis of 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
Phone:703-865-6100
https://pjibe.webteam.ai/

When thinking about estate planning, most of us think about our loved ones. Who will take care of my children? Who will inherit my estate? How will my spouse manage to pay the bills? However, a beloved household member is often overlooked . . . the pet!

While Virginia still classifies pets as property, their owners often treat them as members of the family. As such, responsible pet owners need to have a contingency plan in place for their pets in case something happens to the owners. If you leave your planning to chance, your pet’s future is uncertain. If something happens to you, your pet will be left relying on your friends or family to step up and care for them. If no one has the desire, time, space, or resources, your pet may end up at the mercy of a shelter or adoption agency.

You may believe you’ve addressed this issue via a verbal agreement with someone you trust. You may have a friend or family member who is pet-friendly and has told you they are willing to care for your pet. Unfortunately, that verbal agreement does not come with any guarantees that the person will (or, more often, can) follow through when circumstances change and times get tough, not to mention the potential disputes and competing claims over your pet that may arise among your family, friends, and acquaintances.

A far better course of action is to provide for your pet in your Last Will and Testament. This can be as customized as your needs require. You may simply direct whom you want to take care of your pet, you can set aside money for that person to use in caring for your pet, or you can even establish a pet trust.

A trust may cost slightly more to establish than a provision within your Last Will and Testament, but that is the safest way to ensure that your last wishes will be followed with respect to your pet. With a trust, you can not only leave your pet to someone’s care, but you can also leave funds to be specifically used for your pet and outline the conditions for use.

In addition to these formal steps for ensuring the care of your pet, it is also necessary to prepare the person you choose to care for your pet. Make sure the person knows where to find important information like medical records, and organize those records so that the person can easily identify allergies, medical conditions, and medication. Have the person and your pet spend time together and get to know each other. It would be helpful for the person to have information about your pet’s groomer, sitter, routine, and favorite things. These steps will make the adjustment period much easier for everyone involved.

Responsible pet owners must think about all of their loved ones, including their pets, and plan for the unexpected. Our PJI Law family has many pets, and being very much in the same boat as you are, we care about you and the ones you love, regardless of their species. Contact us if you would like to discuss options for your estate plans and the plans for your loved ones.

Most Virginians know the importance of having estate planning documents drafted in order to ensure that their final wishes are carried out, their assets are distributed to their loved ones, and any loose ends are eliminated. When planning, people often think about their personal property, real estate, and bank accounts. They may even make specific provisions for sentimental items such as family jewelry, paintings, pictures, and furniture. However, times are changing and it is important to have the information and guidance to not only plan ahead, but also to think outside of the box, or the home, as the case may be.

In our technologically savvy age, many assets are moving away from the physical realm and toward the digital frontier. Photographs have vanished from the beloved family albums and are now only maintained on social media sites. Some of these sites are password protected or are impossible to recreate. As we become more reliant on technology, we need to take different steps to ensure that our estate plan also protects our digital assets.

Ownership varies depending on the type of digital asset. This means that some things are owned by you, while other things are still owned by the license holder. For example, your family photographs uploaded to social media are typically yours, but you only hold a license to any music on iTunes. With this in mind, it is important that the person responsible for managing your estate is aware of your digital accounts, what your level of ownership is, and how you wish for these accounts to be managed.

Some online giants provide some resources for those planning ahead. For example, Facebook allows you to name a “legacy contact” who would have some access to your Facebook account after you pass away. Google can be set to send an email t trusted contacts a certain amount of time after inactivity (presumably death), and allows you to share certain data with those contacts.

These companies’ resources, however, are limited and typically further action would need to be taken. Clients have a variety of options ranging from providing account information that is stored with his or her Last Will and Testament, to obtaining password storage services, to employing a service that provides for post-mortem storage. There are benefits and drawbacks to each of these options, but it is important to consider the issues and work toward setting the plans in place to meet your goals.

This is only one of the many discussions we have with our clients here are PJI Law. It is of utmost importance for us that our clients be fully informed of their options in order to strategize and meet their estate planning goals, and in this age this includes a thorough understanding of digital assets.

Death and money are among the two most difficult subjects to talk about. So it is no surprise that combining them both into a discussion with loved ones about estate planning can be incredibly uncomfortable.

With that in mind, we at PJI Law recommend that families have an open dialogue among themselves about estate planning. Estate planning is not only for the elderly or the wealthy. Parents with young children need estate plans to ensure their children are provided for physically and financially. Children over the age of 18 need estate planning documents so that their family can help them manage their finances or make medical decisions in case of an injury or sudden disability. Older adults need them so that their loved ones have peace of mind and are not left guessing about last wishes, or even worse, litigating them. These discussions don’t have to be negative, since they stem from loving, caring for, and planning for our families. In fact, creating an estate plan is a very empowering experience for many people.

When looking to approach family members about estate plans, particularly if you have found it difficult to do so thus far, we recommend the following tips:

• Talk about your own estate plan and goals. If your loved ones know you have taken these steps for yourself, they may be more receptive to the suggestion that they do the same.
• Keep a tone of respect. The person you are talking to is an adult (whether it is someone younger or older than you). People are more engaged when they feel that they are an integral part of the discussion.
• Be direct and communicate your position.
• Make sure you focus on the positive aspect of being in the driver’s seat and making the decisions for yourself while you can.
• Don’t nag. Simply plant the seed and water it from time to time.
• Voice your opinions and concerns using “I” statements.
• Don’t blame or use “You” statements.
• Be mindful that it may take some time and many conversations for there to be progress.

At PJI Law, it is our goal to give our clients the education and tools they need to take control of their futures and to plan for their loved ones. If you are one of the many Virginians without estate planning documents (including a Last Will and Testament, a Living Will, a Financial Power of Attorney, and any necessary trusts), we are ready to help you take the first step in ensuring your loved ones are cared for. Please call us to schedule a time to meet with one of our attorneys to discuss the next steps.

Welcome to the PJI Law website, and to our brand new blog. For one of our first blog posts, we would like to briefly introduce ourselves and explain the specific ways in which we can help you. Yes, our website has our attorneys’ bios and a list of our practice areas, but here on the blog we will explain things a little less formally and a bit more practically.

First of all, our firm has two full-time attorneys who work on most matters together. Although one of them is likely to be the primary attorney on your specific case, the other attorney will be well positioned to proceed with your case without any hiccups should the need arise – in case of sickness, vacation, or emergencies, for example. For this reason, and in order to ensure the reasonable availability of at least one attorney for your case on every business day of the year, our attorneys adhere to a strict policy of not taking time off simultaneously.

We also believe that the quality of our staff is as important as the quality of our attorneys. Our receptionist, for example, knows every single retained client by name. She knows what their case is about, which attorney they are primarily working with, and understands the nature or urgency of their calls.

That is who we are. Now, this is how we can help you:

Family Law

If you’re about to get married and need a prenup, we can draft one that honors your specific wishes. If you’re already married and are contemplating divorce, we can serve you. We have seen it all – heartbreaking divorces involving children, the end of marriages that had lasted for decades, and even legal separation that began on the first day of marriage – literally. By definition, none have been happy stories, and we cannot change that fact. But in such a time of emotion and uncertainty, we can navigate the law on your behalf, ensure that your rights are protected, and pursue the results you deserve. And whether or not you’re married, we can assist you with the very important issues of child custody, child support, and spousal support. If you’ve already obtained a court order and it is not being honored by the other party, we can help you to get it enforced.

Personal Injury

If you were injured in a car accident, you do not want to talk to the other party’s insurance company on your own. There is simply too much about the process that you don’t know. We have the education and experience to guide you through the loopholes and maximize your recovery. The same goes if you slip and fall, get bitten by a dog, or are otherwise injured in various or unusual ways due to the negligence of others. For example, we recently represented a client who suffered severe burns from sizzling soup spilled by a careless restaurant employee. We can also assist if an incident was even more tragic and resulted in the wrongful death of a family member.

Business Law

What’s the difference between an LLC and a C-Corp, and why is one better than the other for your particular situation? What’s a Registered Agent, and is every single business entity in Virginia required to have one even if it’s a one-person company that made eighty bucks last year? (Yes). Does this two-page commercial lease look good? (No). Business law is not just for Google and Exxon. It is extremely relevant for even the smallest business with the smallest budget. And in fact, we like to focus on both establishing small to medium businesses and completing small to medium business transactions – no business is too small for us. We also help both businesses and individuals collect money they’re owed, whether or not they already have a judgment from the court. We represent both commercial tenants and commercial landlords and offer them “a la carte” options – some want us only to review their lease, others ask us to negotiate the whole deal. Of course, we handle a wide variety of business and contract disputes, whether out of court or by litigating it all the way to trial. This includes representing you in whichever side of a mechanic’s lien you might be on. And since all Virginia businesses are required to have a Registered Agent, we are pleased to serve as your Registered Agent so that you can have the peace of mind you need.

Estate Planning

Everyone knows what a Will is, and we can certainly draft one for you. But fewer people know what Advance Medical Directive / Living Will is, which is why we are proactive about explaining it to our clients. Such a document allows you to make decisions about your medical care in some situations where you wouldn’t be able to express your wishes (i.e., if you are in coma). It also allows you to designate an agent to speak to the doctors on your behalf in certain situations, such as the middle of a surgery. And even fewer people know about the need for a General Financial Power of Attorney, which allows a trusted or loved one to make financial/legal/property decisions on your behalf if you are mentally incapacitated or otherwise unable to make such decisions. Falling into such a state without leaving your family with the means to manage your assets on your behalf could significantly complicate their lives in what would already be a difficult time. In short, this is the one area of our practice that it is applicable to 100% of the population – everyone should have these documents.

Other Areas of Practice

In addition to representing both commercial landlords and commercial tenants as discussed above, we represent residential landlords in various ways. However the most urgent need residential landlords tend to have arises when tenants fail to pay their rent or vacate, in which case we swiftly step in to proceed with an eviction process that minimizes the landlord’s losses.

We also take on Lemon Law cases, which arise from repeated problems with new cars. In such cases we reach out to the car manufacturers directly to resolve the matter, and if that fails, we invite them to meet us in court.

Our firm also engages in civil litigation regarding a variety of topics, including property damage, conversion, detinue, fraud, and other areas too numerous to include in this post.

There are many more unique cases that often don’t fall into a specific practice area, and we handle many of them. If you are not sure, please ask us – we are always happy to hear from you even if it turns out that we cannot accept your case. And if we don’t, we will likely be able refer you to a specific attorney who is more appropriate for your case.

So, this is who we are and how we can help you. And when you find yourself in need of the services above, we will be ready for your call.