Law Office of Krista L. Newton PLLC Law Office of Krista L. Newton PLLC 2026-09-29T15:09:38Z https://www.lawofficeofkln.com/feed/atom/ WordPress /wp-content/uploads/sites/1405053/2026/03/cropped-KLN-site-icon-32x32.jpg On Behalf of Law Office of Krista L. Newton PLLC <![CDATA[How to choose between a family member and a professional trustee]]> https://www.lawofficeofkln.com/?p=50866 2026-09-29T15:09:38Z 2026-09-29T15:09:38Z A family member may offer familiarity and flexibility A relative may understand your values, your beneficiaries and the family’s day-to-day needs better than an outside institution. A family trustee may also cost less, which can preserve more of the estate for the people you want to help. That said, personal knowledge does not always translate into administrative skill. A family member may struggle with investments, tax filings, recordkeeping or disputes between beneficiaries.

A professional trustee can bring structure and continuity

A professional trustee usually brings formal systems for handling taxes, investments and legal compliance. That can matter when the trust holds significant assets or when the trust may remain active for many years. The difference between an individual and an institutional trustee is part of the broader role described in this overview of trustee administration. A professional trustee may also reduce the pressure that comes with giving one relative authority over others. The tradeoff, of course, is cost and a less personal relationship.

The trust itself may point to the better choice

A simple trust for adult beneficiaries may work well with a family trustee, especially if the assets are easy to manage. A more complicated trust may call for stronger administration. Important factors may include:
  • Whether the trust holds business interests
  • Whether minor beneficiaries are involved
  • Whether the trust may last for many years
  • Whether family conflict is likely
  • Whether someone needs help with taxes or investments
In some cases, a co-trustee arrangement may strike the best balance. One trustee can bring family knowledge while the other handles administration.

The right fit depends on how the trust will function over time

There is no single right answer in every estate plan. The better question is which option gives the trust the best chance to function smoothly as your beneficiaries’ needs change. That same question often comes up in wills and trust planning decisions when the choice of trustee affects how the entire estate plan will work over time. An estate planning attorney can help weigh those factors and draft terms that fit the trustee you choose.]]> On Behalf of Law Office of Krista L. Newton PLLC <![CDATA[Is your estate plan still reflecting your former life?]]> https://www.lawofficeofkln.com/?p=50864 2026-09-29T11:05:56Z 2026-09-29T11:05:56Z When Virginia law protects you and when it does not Virginia law offers some automatic protection after divorce. Your ex-spouse loses their beneficiary status in your will and on state-governed accounts without you lifting a finger. However, this safeguard stops where federal law takes over. Life insurance policies, retirement accounts governed by federal law (like 401(k)s and TSP accounts) and certain employer plans remain untouched by this automatic rule. Your 401(k), T.S.P. or pension could still list your former spouse as the primary beneficiary, regardless of what your divorce decree says. Therefore, you must take direct action to redirect these assets.

The accounts that slip through the cracks

Government employees, teachers and healthcare professionals often hold benefits packages with multiple moving parts. Each account requires individual attention:
  • Review all retirement accounts, including TSP, 403(b) and 457 plans
  • Check life insurance policies through your employer and any private coverage
  • Examine bank accounts with transfer-on-death designations
  • Verify beneficiaries on health savings accounts and flexible spending arrangements
  • Confirm payable-on-death instructions on investment accounts
Also review your financial powers of attorney and advance medical directives to update who can make decisions on your behalf. Do not forget to reach out to your HR department or plan administrator directly to update each designation. Many professionals assume their divorce settlement handles these changes, but it does not.

Your action checklist for reclaiming control

Start with your most valuable assets first. Pull out statements for your retirement accounts and locate the beneficiary designation forms. Next, gather your life insurance policies and contact each carrier. Then schedule time to visit your bank and update any payable-on-death accounts. Finally, coordinate with your estate planning professional to ensure your will and incapacity documents align with these beneficiary changes. This systematic approach prevents gaps between your intentions and your actual legal documents.

Building your legacy on your terms

Your estate plan should reflect who matters to you now, not who mattered years ago. Taking these steps protects the future you have worked hard to build and ensures your assets reach the people you choose. This process represents more than paperwork; it marks your transition from surviving divorce to thriving in your new chapter. You have earned the right to direct your legacy with confidence and clarity.]]> On Behalf of Law Office of Krista L. Newton PLLC <![CDATA[Are durable powers of attorney and medical directives necessary?]]> https://www.lawofficeofkln.com/?p=50856 2026-09-21T10:58:31Z 2026-09-21T10:58:31Z What a durable power of attorney does for you A durable power of attorney (POA) lets you designate someone to step in and manage your finances and property when you no longer can. This person acts as your agent, taking over duties like:
  • Pay your household bills
  • Manage your bank accounts
  • Handle real estate matters and investments
  • Take care of other money-related tasks, including taxes
Without this document in place, your family might need to go to court to get permission to manage your finances. What sets a "durable" version apart from a standard one is staying power. A standard POA becomes void the moment you lose mental capacity, which is exactly when you need it most. A durable POA keeps working through that situation.

What an advanced medical directive actually covers

An advanced medical directive (AMD) puts your medical preferences in writing. It tells your medical team and your family exactly what care you want if you can't speak for yourself. In Virginia, this document usually includes your living will, which outlines your treatment preferences. Aside from that, your AMD names someone as your health care agent to make medical decisions for you. A medical directive covers situations like:
  • Whether you want life-sustaining treatment in certain conditions
  • Your wishes around pain management and comfort care
  • Your Organ donation intentions
  • Who can visit you in the hospital
  • Any preferences about feeding tubes or mechanical breathing support
Putting these wishes in writing lifts an enormous burden from your family during an already heartbreaking time.

Why you need both documents in your estate plan

Only having a durable POA and not creating an advanced directive leaves serious gaps in your plan. These two documents protect entirely different areas of your life. Your financial agent handles money matters, while your AMD addresses healthcare choices. You need both because financial and medical decisions often arise separately during a crisis.

Your estate plan should protect you as well

Without question, both documents are key to a comprehensive estate plan. Remember, estate plans aren’t only about what happens to your assets after you pass. It's also about protecting yourself right now if illness or injury leaves you unable to make decisions yourself. These essential estate planning documents give you control over who manages your care and your affairs, preserving your independence and honoring your wishes even when you can't voice them.]]> On Behalf of Law Office of Krista L. Newton PLLC <![CDATA[How to talk to your parents about business succession planning]]> https://www.lawofficeofkln.com/?p=50854 2026-09-11T16:40:45Z 2026-09-11T16:40:45Z How to open the conversation Choose a time when your family can focus on the future without the pressure of daily business operations. Ask your parents how they see the company continuing rather than assuming what they want. They may want to transfer ownership to a child, sell the company or keep ownership while someone else manages it. Starting with their priorities can make the discussion more productive.

Discuss how the family fits into the plan

Once your parents have shared their wishes, discuss how each family member might fit into the future of the company. Consider questions such as:
  • Who might manage the company?
  • Which children might become owners – one child, several or all?
  • What role would your parents have after the transition?
  • How should children who do not work in the company be treated?
  • What happens if the expected successor changes their mind?
These questions can reveal different expectations before they create conflict. The Small Business Administration identifies succession planning as an important challenge for family-owned businesses in its guidance on family business succession.

Connect succession to estate planning

A business can be one of a family's most valuable assets. Decisions about its future may need to be made alongside broader decisions about inheritance and estate planning. Coordinating these decisions can help prevent gaps or conflicts between the business succession plan and the family's broader estate plan.

Turn the discussion into a formal plan

Once your family understands its goals, review the documents that govern the company and its ownership. Depending on the business structure, these may include an LLC operating agreement, corporate bylaws, ownership records and contracts. The plan should also be coordinated with the family's broader estate planning strategy. Talking about succession is only the first step. Putting those decisions into a coordinated business and estate plan can help your family prepare for the future.]]> by Law Office of Krista L. Newton PLLC <![CDATA[Can a will be challenged if a parent had dementia in Virginia?]]> https://www.lawofficeofkln.com/?p=50851 2026-08-31T17:07:09Z 2026-08-31T17:07:09Z When does dementia raise a legal concern about a Virginia will? Dementia may raise legal concerns when it affects a parent’s ability to understand estate decisions. Virginia’s capacity standard considers whether the parent understood the will, the property involved, the family members who may inherit and the planned gifts. A sudden change from an earlier will may also raise questions, especially when a caregiver receives a large gift. Medical records, witness statements, earlier wills and attorney records can help explain the circumstances. Factors that may warrant closer review include:
  • Timing: When the diagnosis occurred compared with the will’s execution.
  • Estate changes: Significant departures from earlier wills.
  • Dependence: Reliance on another person for care or decision-making.
  • Signing circumstances: The parent’s understanding and conduct during execution.
Lack of testamentary capacity and undue influence involve different legal issues. Capacity asks whether the parent understood the will. Undue influence asks whether someone pressured or manipulated the parent. Dementia does not always remove testamentary capacity. A person may have cognitive problems yet still understand enough to make a valid will.

What affects the strength of a Virginia will challenge?

The strength of a will challenge depends on the facts and evidence around the will. Important factors include:
  • Compare estate plans: Earlier wills, trusts, beneficiary forms and other estate documents can show major changes in the parent’s wishes.
  • Review how the will was made: Records may show who called the lawyer, set the meeting, drove the parent or spoke with the lawyer.
  • Check the parent’s understanding: Evidence may show whether the parent understood the will, their property, their family and who would receive their assets.
  • Look at major changes: A sudden change from long-held wishes may raise concerns about capacity or undue influence. It does not prove either one by itself.
  • Save key records: Keep the original will, older estate documents, emails, letters and financial records. These may help show what changed.
  • Gather witness accounts: People who saw the parent around the signing may describe their memory, behavior and understanding. This can add context to medical records.
Virginia generally gives an interested party one year from the probate order to challenge a will. Early legal review can help protect the claim.

Protecting a parent’s wishes

A will made during dementia, pressure or unusual events may not reflect a parent’s wishes. Medical records, witness statements and a clear timeline can show what happened. Virginia has strict probate deadlines, so seeking help from an experienced legal counsel can help preserve evidence and assess the case.]]> On Behalf of Law Office of Krista L. Newton PLLC <![CDATA[How adult guardianship works without consent]]> https://www.lawofficeofkln.com/?p=50849 2026-08-23T20:23:18Z 2026-08-23T20:23:18Z What you must prove in court To obtain guardianship over an adult who does not consent, you generally need evidence showing that guardianship is legally justified under Virginia law, including proof of capacity and the need for a guardian:
  • Inability to decide: The person may be unable to make or communicate informed decisions about important personal matters.
  • Clear need: A guardian may be necessary to reduce the risk of harm or neglect.
  • No other options: Less restrictive alternatives, such as a power of attorney or an advance medical directive, are unavailable or not enough.
Showing that no less restrictive option is available is often one of the hardest parts of the case.

How Virginia protects the adult's rights

When an adult fights a guardianship petition, Virginia courts use several protections:
  • A court-appointed representative: Virginia courts commonly appoint a guardian ad litem to review the case and report to the court.
  • Their own lawyer: The adult has the right to hire an attorney to contest the petition. If the adult cannot afford an attorney or asks for one, the court may appoint counsel if Virginia law allows it in that case.
  • Medical evidence: The court may require medical evidence from a doctor or psychologist about the person’s condition.
  • A formal hearing: The adult must receive notice of the hearing, has the right to attend and may present evidence or cross-examine witnesses.
These protections show how seriously Virginia courts treat contested guardianship cases.

Taking the next step in a contested guardianship case

Getting guardianship over an adult who objects is often difficult. Courts weigh the person’s safety against personal freedom. If you are considering this step in Virginia, it helps to understand the available alternatives and gather the right documentation early.]]> On Behalf of Law Office of Krista L. Newton PLLC <![CDATA[How are executive stock options divided in a Virginia divorce?]]> https://www.lawofficeofkln.com/?p=50846 2026-08-19T15:57:26Z 2026-08-19T15:57:26Z Classifying stock options as marital property in Virginia Virginia law classifies property as marital or separate based on when it was earned. For executive stock options and RSUs, courts look at when the options were granted and for what work period. The portion earned during the marriage counts as marital property even if the options have not vested yet. Courts use the time rule or coverture fraction to determine what portion is marital property. This formula compares your service time during marriage to the total vesting period. For example, if options vest over four years and you were married for two of those years, about half would be marital property subject to division.

Valuing and dividing unvested executive compensation

Valuing your stock options and RSUs requires financial expertise. Courts may use methods like the Black-Scholes model for stock options or market value for RSUs. Because stock options and RSUs are typically nontransferable, you will usually keep the equity. The court then awards your spouse other marital assets of equal value, such as retirement accounts or real estate. Or, courts may order deferred distribution. This means a percentage of net proceeds goes to your spouse when the options vest and you exercise them. The division method depends on your liquidity needs, tax implications and your overall marital estate.

Protecting your executive compensation in divorce

Executive compensation structures are complex. Improper valuation or division can cost you significantly. Working with a family law attorney who understands corporate compensation and Virginia law is essential. Your attorney should work with financial experts, including forensic accountants and valuation specialists. They will accurately assess the value of your stock options, RSUs and deferred compensation. A personalized legal strategy that considers your specific compensation structure, tax consequences and long-term financial goals will help you achieve a fair outcome. If you are facing divorce and hold executive stock options or deferred compensation, seek experienced legal counsel early. The decisions you make now will affect your financial future for years to come.  ]]> On Behalf of Law Office of Krista L. Newton PLLC <![CDATA[How does writing a will help your family in Virginia?]]> https://www.lawofficeofkln.com/?p=50843 2026-08-12T15:18:34Z 2026-08-14T15:16:31Z Your wishes become clear and legally binding A valid will gives written instructions about how you want your assets distributed after your death. If you die without a will, Virginia's intestacy rules determine who may inherit your property. Those rules may not match your preferences or family circumstances. You can use your will to identify who should receive your home, savings, personal belongings and other assets. If you want to leave a particular asset to a family member or friend, your will can state that intention clearly. You can also identify who should receive specific items, which may reduce uncertainty among your beneficiaries. You can also use your will to nominate a guardian for your minor children. This choice matters because it identifies whom you want to care for your children if you die while they are still minors. If you do not make that nomination, a court may need to determine who should serve as guardian based on the circumstances and applicable law. Keep in mind that non-probate assets with designated beneficiaries or joint ownership rights pass outside of the will.

Reducing family conflict and uncertainty

Grief can bring strong emotions and tensions within families. When you die without a will, your loved ones may have questions about how your property should be handled. Different family members may have different ideas about what you would have wanted, which can lead to disagreements. A well-prepared will can reduce some of this uncertainty. Your beneficiaries do not have to rely only on their assumptions about your wishes. Instead, they can refer to your written instructions when your estate is administered. A will can also give your executor clear instructions during probate. It names the person you want to handle your estate and explains your wishes. However, naming an executor does not give that person legal authority right away. In Virginia, the will must first be admitted to probate. The named executor must then qualify before the clerk or court by taking an oath and giving bond. Only after these steps can the executor act on behalf of the estate.

Protecting your loved ones financially

Writing a will can help your family understand how you want your estate handled. You can name an executor to manage your estate, pay valid debts and distribute assets according to your instructions. Choosing someone you trust for this role can give you greater confidence about who will handle these responsibilities. Your estate plan can also address taxes and how you want to transfer your assets. Virginia does not have a state estate tax. However, the state charges a probate tax on estates worth more than $15,000. The tax is assessed when the estate goes through the qualification process. Because taxes can affect how an estate is handled, you may want to review your full estate plan instead of relying on a will alone.

Taking action for your family

Writing a will can give your loved ones clearer instructions about your wishes and how you want your estate handled. It may also reduce uncertainty and disagreements after your death. Taking time now to create or update your will can help your family understand your plans when they need that information. If your family circumstances, assets or wishes change, reviewing your estate plan can help ensure that your documents continue to reflect your intentions.]]> On Behalf of Law Office of Krista L. Newton PLLC <![CDATA[5 ways to write an estate plan that reduces conflict]]> https://www.lawofficeofkln.com/?p=50841 2026-07-30T13:37:39Z 2026-07-30T13:37:39Z Communicate plans with family members Talking openly about estate planning decisions helps prevent surprises later. When family members know what to expect, they are less likely to feel hurt or confused after a loved one passes. These conversations do not need to cover every detail. Sharing basic intentions can go a long way toward keeping peace among beneficiaries.

Choose the right executor or trustee

The person managing an estate can either ease tensions or create them. Under Virginia law, executors handle important tasks like paying debts and distributing assets. Selecting someone who is fair, reliable and willing to take on the responsibility matters greatly. When family tensions exist, you may consider selecting a neutral third party.

Be specific about asset distribution

Unclear instructions often lead to arguments. Stating exactly who receives which items removes guesswork. Whether it is a house, a family heirloom or a bank account, naming the recipient clearly prevents confusion. Virginia courts honor the written terms of wills and trusts. Precise language protects those intentions from being misunderstood.

Update documents regularly

Life circumstances change over time. Marriages, divorces, new children and deaths can all affect an estate plan. Virginia law permits updates to wills and trusts as long as changes are made correctly. Reviewing estate documents every few years ensures they still match current family situations and prevents outdated plans from causing problems.

Include a no-contest clause

A no-contest clause helps prevent beneficiaries from disputing the estate plan without valid reasons. Virginia law upholds these clauses when they meet specific drafting requirements for enforcement. The language needs to be clear and specific about what actions trigger the penalty. Courts interpret these clauses strictly, so vague or overly broad wording may not hold up. The clause typically states that anyone who contests the will or trust may lose their inheritance. However, beneficiaries who challenge the plan in good faith may not forfeit their inheritance.

Taking steps to minimize future disputes

Family disagreements often arise from uncertainty and unanswered questions. A well-prepared estate plan can give your loved ones clear direction. By addressing important decisions in advance, you can help protect both your assets and your family's relationships.]]> On Behalf of Law Office of Krista L. Newton PLLC <![CDATA[Do you really need a trust in Virginia?]]> https://www.lawofficeofkln.com/?p=50839 2026-07-20T13:50:08Z 2026-07-22T04:00:04Z When does a trust make practical sense? The answer depends on how you want the property managed. A funded living trust can control assets during life and direct their distribution. Property governed only by a will generally passes through probate. Your goals for managing and transferring assets can determine if another approach would work better. A trust deserves consideration in these circumstances:
  • You own property elsewhere. Placing a vacation home or rental property in a trust could prevent a separate probate case where it sits.
  • You value privacy. Assets properly transferred to a living trust generally avoid probate. A successor trustee can follow its instructions without placing details in a court file.
  • You have young children. A trust lets you appoint someone to manage an inheritance and determine when your child receives it. A will can nominate a guardian and establish a testamentary trust.
  • You want incapacity planning. If illness prevents you from managing trust property, a successor trustee may assume responsibility. This can reduce the likelihood of a court-supervised conservatorship.
  • Your estate could face federal tax exposure. Specialized trusts can address concerns above the federal exemption. A basic revocable trust, however, does not always reduce estate taxes by itself.
Family relationships also matter. Under the state’s intestate succession rules, property not effectively directed by a will passes according to a fixed order. When a deceased spouse leaves children from another relationship, the surviving spouse receives one-third. The remaining share passes to the children or their descendants.

How to choose the right plan

Start with the result you want, not a particular document. Consider who should manage your affairs, when beneficiaries should receive property and which assets require special treatment. Those answers can reveal which planning tools support your goals without adding needless complexity. Legal guidance can identify gaps among your will, trust and beneficiary designations. A tailored review can show if a trust adds control or unnecessary cost and administration.]]>