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Wills, Trusts & Estates

Advocate Law PLLC | Divorce, Custody, and Family Law

Wills, Trusts & Estates

Planning for the future is about protecting your family, preserving your legacy, and ensuring your wishes are honored. At Advocate Law PLLC, in Salem, Virginia, we provide compassionate and strategic legal counsel in all areas of estate planning and administration. Whether you’re preparing your first will, creating a trust to safeguard your assets, or navigating the probate process after the death of a loved one, we are here to guide you every step of the way.

Understanding Estate Planning in Virginia

Estate planning in Virginia involves creating legal documents that govern what happens to your property, assets, and dependents after death—or in the event of incapacity. Our goal is to help you plan clearly and legally, so your wishes are carried out and your family avoids unnecessary conflict or court delays. Key components of a comprehensive Virginia estate plan may include:

  • Last Will and Testament
  • Revocable Living Trust
  • Power of Attorney (POA)
  • Advance Medical Directive (Living Will)

We tailor each estate plan to your goals, family dynamics, and financial circumstances. Your will is the foundation of your estate plan. Under Virginia Code § 64.2-403, a valid will must be in writing, signed by the testator (the person making the will), and witnessed by at least two competent individuals. Without a valid will, Virginia’s intestacy laws under Code § 64.2-200 dictate how your assets are divided, often in ways that do not reflect your preferences.

Through your will, you can:

  • Name guardians for minor children
  • Distribute property to family, friends, or charities
  • Appoint an executor to manage your estate

Trusts are powerful tools that can manage your assets during life and distribute them efficiently upon death. A revocable living trust, often used in estate planning, allows you to remain in control of your assets while alive and avoid probate at death. Advantages of using a trust include:

  • Avoiding probate court
  • Keeping financial affairs private
  • Managing assets for young or incapacitated beneficiaries
  • Reducing estate tax exposure (for high-net-worth clients)

We can help clients in Salem create Revocable Living Trusts, Irrevocable Trusts, Special Needs Trusts, Testamentary Trusts, and Charitable Trusts.

Powers of Attorney and Advance Directives

In addition to planning for death, it’s equally important to plan for incapacity. Virginia law allows you to designate trusted individuals to act on your behalf if you are unable to make financial or medical decisions.

  • Durable Power of Attorney (POA) gives your agent legal authority to manage your finances.
  • Advance Medical Directive allows you to specify healthcare preferences and appoint a healthcare proxy.

Without these documents, your loved ones may be forced to go to court to obtain guardianship, even to make routine decisions on your behalf.

Estate Administration

If you’ve lost a loved one, we provide supportive and effective guidance through the probate and estate administration process. Virginia’s probate procedures are governed by Title 64.2 of the Code of Virginia and take place in the Circuit Court of the locality where the decedent resided. Common estate administration tasks include:

  • Filing the will with the probate court
  • Qualifying as executor or administrator
  • Inventorying assets
  • Paying debts and taxes
  • Distributing assets to beneficiaries

Our firm works with executors, administrators, trustees, and beneficiaries to ensure a smooth and legally compliant administration process. Unfortunately, disputes can arise during probate. These may involve accusations of undue influence, lack of capacity, or disagreements between beneficiaries. We represent clients in estate litigation involving:

  • Will contests
  • Breach of fiduciary duty
  • Challenges to trust validity
  • Removal of executors or trustees

We work to resolve disputes efficiently, but we are prepared to litigate aggressively when necessary.

Estate Planning for Small Business Owners

If you own a business in Salem or the greater Roanoke Valley, your estate plan should include provisions for succession, continuity, and protection of your business assets. We help business owners create:

  • Buy-sell agreements
  • Key-person insurance planning
  • Trusts for business interests
  • Continuity plans for family-run enterprises

Why Choose Us for Estate Planning?

  • Southwest Virginia Roots: We are proud to serve the Roanoke/Salem community with a deep understanding of both local values and Virginia law.
  • Custom Solutions: No two estate plans are alike. We take the time to understand your goals and create documents that reflect your wishes.
  • Full Lifecycle Representation: From initial planning to probate to contested estates, we’re with you every step of the way.
  • Plain English Explanations: We explain every document and decision clearly, so you feel informed and empowered.
  • Respectful, Responsive Counsel: We know these are sensitive topics. We treat every client with dignity, discretion, and care.

Schedule a Consultation Today

Whether you need a simple will or a comprehensive estate plan, Advocate Law PLLC is here to help. We offer consultations in person at our Salem office, by phone, or via Zoom. Take the first step toward protecting your legacy and your loved ones. Contact us today to schedule a consultation and start building your estate plan with confidence.