Freeman, Dunn, Lucy & Coates, PC Freeman, Dunn, Lucy & Coates, PC 2026-06-19T10:53:57Z https://www.freemandunn.com/feed/atom/ WordPress /wp-content/uploads/sites/1500604/2020/04/cropped-Favicon-1-32x32.png On Behalf of Freeman, Dunn, Lucy & Coates, PC <![CDATA[What should you consider when choosing an executor in Virginia?]]> https://www.freemandunn.com/?p=47106 2026-06-19T10:53:57Z 2026-06-19T10:53:57Z Virginia’s requirements for executors Virginia law sets clear rules for executors. An executor must be at least 18 years old and mentally capable. Courts will generally not allow someone to serve if they are in prison for a felony. They can also reject someone they consider unfit. You can name any qualified adult as your executor, so long as the court deems them “suitable and competent”. The court can reject your choice if it believes the person is not suitable or competent.

Prioritize people you trust

Your executor will access your accounts, documents and assets. They will pay your debts, file taxes and distribute your property. It is important to choose someone you trust completely. Look for someone with a proven track record of honesty and integrity. This individual should be able to resist pressure from family members who might disagree with your estate plan. They must put your wishes above personal interests or family dynamics that could complicate the process.

Look for someone who is organized and detail-oriented

Estate settlement requires lots of paperwork and deadlines. Your executor must file court documents, keep records and update beneficiaries. Missed deadlines or lost papers cause legal problems and delays. Consider choosing someone who demonstrates strong organizational skills in their daily life. This person should be comfortable managing multiple tasks simultaneously and maintaining accurate records. Attention to detail can prevent costly mistakes that might reduce the value of your estate.

Appoint a financially competent executor

Your executor does not need to be a financial expert, but they should know how to handle money. Executors must manage bank accounts, investments and property sales. Good financial skills help them make smart decisions for your estate. If your preferred executor lacks financial experience, make sure they are willing to work with accountants, financial advisors and other professionals when needed. A good executor knows when to seek expert guidance rather than making uninformed decisions.

Seek someone willing and available

Serving as an executor takes time. Depending on the estate, the job may last several months or even years. The person you choose should have the availability to dedicate to this responsibility. Someone with overwhelming personal or professional obligations might struggle to fulfill executor duties properly. Before naming someone as your executor, consider discussing the role with them. Make sure they understand what the position entails and confirm their willingness to serve. Choosing someone who accepts this responsibility willingly can ensure your estate is handled with care and diligence.

Consider appointing a co-executor

Virginia lets you appoint more than one executor. Co-executors must make decisions jointly, which can provide checks and balances against poor judgment. However, the co-executor approach also has drawbacks. When they disagree, they can delay the estate process. The probate court may step in if your executors cannot compromise. This creates delays and costs you more money. Both executors must sign documents and appear at hearings, which can complicate scheduling. Consider the relationship between potential co-executors and their ability to collaborate effectively before choosing this option.

Choosing the right executor can protect your loved ones

Appointing the right executor can help ensure your estate plan works as intended and provides clarity for your loved ones. By carefully evaluating trustworthiness, organizational ability and availability, you can make a choice that supports your goals. Taking time to consider these factors now can help protect your legacy, as well as the futures of those you love.]]> On Behalf of Freeman, Dunn, Lucy & Coates, PC <![CDATA[Who is liable for construction delays under Virginia law?]]> https://www.freemandunn.com/?p=47105 2026-03-23T15:25:20Z 2026-03-23T15:25:20Z You expected your home to be finished on time. Instead, you are still waiting. This delay may have created stress and rising costs. In Virginia, delay disputes often depend on what the contract says and how both sides acted during the project. Liability is rarely automatic, it ultimately depends on facts and documentation.

When delays may trace back to the homeowner

You can affect the construction timeline even when you are not doing the building work. Contracts may tie progress to owner decisions and approvals. You may see delays linked to your role when you change plans or slow approvals. You may also see issues when payments fall behind the agreed draw schedule. Some projects also stall when material selections take longer than expected or when site access becomes limited. Virginia law often considers whether your actions affected the critical path when evaluating delay claims. The critical path is the sequence of work that controls the overall schedule. However, state law does not mandate this specific analysis for all construction disputes.

When contractors may bear responsibility for delays

You may also face delays that come from how the contractor manages the project. Virginia construction law often evaluates whether the contractor followed the contract terms and met basic performance expectations. Common contractor-related delay issues include missed scheduling coordination, poor subcontractor management and failure to follow permit or inspection steps. Many contracts include clauses that control timing and shape how responsibility gets assigned when delays occur. These often include force majeure terms and liquidated damages provisions. Courts often review whether the delay was predictable and whether reasonable steps were taken to reduce harm.

What delay disputes usually come down to

Most construction delay disputes focus on a few key factors. These factors help explain why projects fall behind and who may bear responsibility:
  • Contract terms on scheduling and delay responsibility
  • Change order records and written approvals
  • Impact on the critical path of construction
  • Communication and notice between both parties
Virginia courts and negotiators often rely on written records. Clear documentation can carry more weight than verbal expectations or informal updates.

When building timelines break, focus on what matters next

You may feel stuck when your home takes longer than expected. The impact often goes beyond inconvenience. Delay disputes in Virginia often turn on contracts and records rather than assumptions. A careful review of the agreement and project history often clarifies where responsibility may fall and what options exist moving forward.]]> On Behalf of Freeman, Dunn, Lucy & Coates, PC <![CDATA[Should you start your Medicaid planning early?]]> https://www.freemandunn.com/?p=47104 2025-12-19T13:56:23Z 2025-12-19T13:56:23Z Understanding the Medicaid look-back period Medicaid uses the five-year look-back period to ensure you did not gift or sell assets less than fair market value to meet the required asset limit before applying. These can include transferring property to your child’s name, creating an irrevocable trust during the look-back period and funding others’ expenses. The Department of Medical Assistance Services (DMAS) uses your application date as the starting point for reviewing all transactions you made for the last 60 months.

Outlining the consequences of a Medicaid violation

In Virginia, the DMAS calculates your penalty period by using a daily divisor that reflects the average cost of nursing care. Depending on the value of the transfer, you can be ineligible for Medicaid coverage for months or years. During this penalty period, you pay your nursing or home care out of pocket. For a complex portfolio, these costs can quickly reach hundreds of thousands of dollars.

Planning early instead of regretting later

The most effective way to shield your legacy is to start your Medicaid planning early. By restructuring your assets now, you do not have to worry about violations during the look-back period. A late start risks the forced liquidation of your assets at a loss, which could devastate your estate and your family’s future. Navigating Medicaid regulations in Virginia requires precision. Consulting with an attorney and Medicaid planner can offer guidance.]]> On Behalf of Freeman, Dunn, Lucy & Coates, PC <![CDATA[3 ways adultery can influence divorce proceedings]]> https://www.freemandunn.com/?p=47103 2025-10-02T14:35:07Z 2025-10-02T14:35:07Z 1. Allowing for a fault-based divorce Most people choose no-fault divorce proceedings. However, Virginia does acknowledge several grounds for fault-based divorces, including adultery. When there is proof that one spouse cheated, the other spouse can initiate fault-based divorce proceedings where the courts affirm that the other spouse was technically at fault for the decline and end of the marital relationship.

2. Altering property division

Generally speaking, marital misconduct does not automatically alter the terms set for property division in a divorce. The courts must pursue an equitable or fair distribution of property. In cases where one spouse cheated, they may have wasted a substantial amount of money on their affair. If there is proof that one spouse dissipated marital property by racking up credit card debt or spending marital income on their affair partner, the courts may take that into consideration when distributing the marital estate.

3. Eliminating alimony

Alimony, sometimes called spousal maintenance or support, involves one spouse providing financial support to the other after the end of a marriage. In cases where there is proof that one spouse cheated, the unfaithful spouse may not be eligible for alimony payments from the other under state law. Those hoping to hold a spouse accountable for infidelity generally need compelling evidence and an understanding of the law. Securing legal representation early in the divorce process can be beneficial for those seeking vindication after discovering that a spouse cheated.]]> On Behalf of Freeman, Dunn, Lucy & Coates, PC <![CDATA[Is a decades-old will grounds for a contest in probate court?]]> https://www.freemandunn.com/?p=47102 2025-06-29T02:02:34Z 2025-06-29T02:02:34Z Outdated documents can lead to litigation Clearly outdated wills may not actually reflect what an individual wanted for their property or their loved ones later in life. People sometimes forget how important it is to update their testamentary instruments as their personal circumstances, finances and families change. Perhaps the deceased individual divorced years ago, but the will still mentions their former spouse, not their new spouse, as the main beneficiary. Maybe the decedent drafted a will when they first became a parent but then never updated the document despite adding multiple other children to their family. In scenarios where the date of the will’s creation makes it clear that the testator planned long before they had a spouse or children to support, the probate courts may take that into consideration. When there is reason to believe that an individual wanted to support immediate family members but drafted a will before they had responsibility for those individuals, it may be possible to ask the courts to set aside an outdated and therefore inaccurate will. Those feeling truly concerned about the contents of an estate plan may need help reviewing whether their circumstances warrant probate litigation. With the right support and a reasonable legal strategy, people who expected to inherit may be able to convince the courts to set aside a will that omits them.]]> On Behalf of Freeman, Dunn, Lucy & Coates, PC <![CDATA[What happens to shared property during a divorce?]]> https://www.freemandunn.com/?p=47101 2025-04-01T17:41:22Z 2025-04-01T17:41:22Z Virginia is an equitable distribution state Quite a few people think of property division in divorce as a 50/50 process. They expect to divide every asset and financial obligation in half. Virginia's equitable distribution statute requires a more comprehensive review of the situation. Equitable means fair, and an even split is rarely the best or fairest solution available. Judges hearing litigated property division cases look at many different details to determine the best way to divide property and financial obligations. The length of the marriage, the health of the spouses, the earning potential of each spouse and custody arrangements for shared children can influence what judges decide to do with the marital estate. Judges can order the sale of certain resources. They can allocate properties and debts to either spouse. They can even award financial support in the form of alimony or spousal support as a way of making property division fairer in the long run. It is all but impossible to predict exactly how a judge might handle any specific asset, let alone the entirety of the marital estate.

Spouses have the option of settling

There is no rule that requires litigation for property division matters in Virginia divorces. Spouses always have the option of working cooperatively with one another. If they have a prenuptial agreement, they may have already agreed to specific asset distribution terms. Otherwise, they may be able to negotiate with one another to set their own terms. Couples who pursue uncontested divorces can prioritize securing terms that they feel are important for their long-term happiness or financial recovery. Understanding the basic standards that apply during a Virginia divorce can help spouses as they prepare for the process ahead. Spouses can either ask a judge to resolve their asset distribution disputes or choose to work together if doing so is feasible given their circumstances.]]> On Behalf of Freeman, Dunn, Lucy & Coates, PC <![CDATA[3 strategies for keeping valuable assets out of probate court]]> https://www.freemandunn.com/?p=47100 2025-01-08T01:55:14Z 2025-01-08T01:55:14Z 1. Transfer-on-death paperwork Financially stable individuals often have well-funded bank accounts. They may also have investment accounts and retirement accounts. People can keep the contents of their financial accounts out of probate court by filing transfer-on-death or payable-on-death designations with their financial institutions. They nominate a specific beneficiary who can take direct control over the account after their death.

2. Trusts

Those with particularly sizable holdings or businesses in their names may want to consider starting trusts. The assets transferred to a trust belong to the trust, not the testator establishing the estate plan. Particularly in cases where testators do not want their beneficiaries to squander an inheritance or to sell assets, like a family business, a trust can be an excellent tool to integrate into a broader estate plan. The assets owned by the trust typically do not become part of the estate and do not have to pass through probate court.

3. The addition of co-owners

Businesses, real property and other valuable assets can have more than one owner. Jointly-owned assets do not necessarily have to pass through probate court. It is often possible to arrange for a deceased owner's interest to pass directly to a co-owner with the right planning. Identifying valuable assets and outlining personal legacy goals can help those with valuable resources establish viable estate plans. Those who plan ahead of time can often limit which assets pass through probate court after they die.]]> On Behalf of Freeman, Dunn, Lucy & Coates, PC <![CDATA[When do adults lose the ability to draft or update wills?]]> https://www.freemandunn.com/?p=47099 2024-10-06T15:43:48Z 2024-10-06T15:43:48Z be of sound mind to draft a will. In other words, they need to have testamentary capacity. When can family members ask the probate courts to intervene because a testator may have lacked testamentary capacity?

Several issues can compromise capacity

There are usually three main reasons why people question the testamentary capacity of an individual. The first is advanced age. The second involves medical challenges often associated with advanced age, such as Alzheimer's disease or dementia. The third has to do with severe and intractable developmental disorders or mental health challenges. Some people never have testamentary capacity because they have lifelong developmental or mental health challenges. Those who require guardianship as an adult due to congenital conditions like Down syndrome and autism may never have the necessary capacity to establish legal estate planning paperwork. Others might lose that capacity after their diagnosis with particularly severe mental health disorders. Conditions like schizophrenia can impact an individual's understanding of the world and prevent them from drafting appropriate documents based on the reality of their circumstances. Contrary to what people often think, advanced age on its own is not enough to raise questions about a testator's capacity when they created or updated their estate planning paperwork. Instead, there needs to be proof of a debilitating medical condition or significant cognitive decline. Those struggling with dementia may no longer have the capacity necessary to enact valid documents. When challenging an estate plan based on a lack of capacity, the burden of proof falls to the plaintiffs. They generally need to prove that the testator did not understand their circumstances and therefore could not create valid documents. If an individual can no longer remember what property they own, they may lack testamentary capacity. The same is true of individuals struggling to remember who is in their family or to make sense of what consequences their estate planning documents might generate. Medical records and testimony from those who regularly interacted with a vulnerable adult could help affirm claims that an individual lacked capacity. Pursuing probate litigation can lead to the courts setting aside questionable estate planning documents. Those who suspect a lack of capacity may need to review the situation carefully with a legal team to determine if the courts may agree with their worries.]]> On Behalf of Freeman, Dunn, Lucy & Coates, PC <![CDATA[3 types of taxes to consider when developing an estate plan]]> https://www.freemandunn.com/?p=47098 2024-07-10T13:54:41Z 2024-07-10T13:54:41Z Income taxes One of the most important elements of estate administration involves the fulfillment of the decedent's personal responsibilities. The personal representative of their estate has to pay creditors and fulfill someone's tax obligations. They typically file a final income tax return on behalf of the decedent. They may also have to pay income taxes if the estate liquidates resources during the probate process. Ensuring there are resources set aside the cover income tax obligations can prevent tax payments from diminishing what beneficiaries receive.

Estate taxes

Technically, individuals don't have to worry about Virginia estate taxes after they die. Virginia does not levy estate taxes against the property that belongs to an estate or inheritance taxes against those who receive property from an estate. Of course, federal estate taxes might still apply. Estates that are worth $13.61 million or more could be subject to estate taxes at the federal level. Advance planning is generally the only way to mitigate that risk by diminishing the value of the estate.

Capital gains taxes

Technically, capital gains taxes are the responsibility of estate beneficiaries in most cases. When they decide to sell inherited property, they may have to pay taxes based on the appreciation in asset value since the original date of acquisition. Capital gains taxes may apply to real estate holdings and other high-value assets. Testators who plan carefully to address their most valuable assets can help protect their beneficiaries from tax obligations that can cause financial headaches for several years after someone dies. Those with high-value assets are at particularly high risk of tax complications during the probate process. Creating an estate plan that acknowledges tax issues can help someone maximize the positive impact that their legacy has on others. Taxes are one of several obligations that people can minimize with appropriate planning.]]> On Behalf of Freeman, Dunn, Lucy & Coates, PC <![CDATA[Can a spouse pass off malicious credit card debt in a divorce?]]> https://www.freemandunn.com/?p=47097 2024-04-07T14:20:44Z 2024-04-07T14:20:44Z Inappropriate spending could constitute dissipation As a general rule, judges usually do not consider misconduct when making decisions about property division. Still, certain types of misconduct require adjustments to property division determinations. Dissipation or intentionally damaging the marital estate out of anger or spite can drastically alter the outcome of property division proceedings. Provided that the behavior was different from someone's usual spending habits, their spouse could present evidence of their unusually high amount of spending as proof of dissipation. The courts could decide to make the spouse who spent those funds directly responsible for repaying the debt. Similarly, if there is evidence that a substantial amount of credit card debt is the result of adultery, feeding an addiction or financial infidelity where someone lies about their finances, the courts might exclude those debts from the marital estate during divorce proceedings. Although debts are often subject to distribution as part of the marital estate, the courts can consider the timing of when someone took on the debt and the intention behind acquiring the debt when deciding who should pay. Conducting a thorough financial review can help people secure a fair and reasonable outcome in a pending divorce involving improper use of credit cards. Those who know their rights and rules about property division matters may feel more empowered as they prepare for the legal end of their marriage.]]>