If you are an adult in the state of Virginia, you need to consider having an estate planning lawyer draft your will. A Virginia will must comply with specific requirements to have legal effect. If you try to write your own last will and testament and fail to follow the proper requirements, it could be simply brushed aside by the Virginia legal system. Since everyone wants to have a valid Virginia will, here are the key requirements to follow.

As we get started, note that there are lots of different types of wills. This article is just focusing on Virginia simple wills. However, even that term is misleading. Very few estates are actually simple; that’s why hiring a Virginia will lawyer is important to protect your family.

Virginia doesn’t prescribe a specific form or format to have a valid legal will. But there are certain formalities that must be met. These are the key Virginia will requirements.

Non-hand-written will

If your will is not in your own handwriting, it must meet these statutory formalities:

1. In writing
2. Signed by the testator (the person whose will it is)
3. Signed in the presence of two witnesses
4. Signed by the witnesses in the presence of each other and the testator

Hand-written will

A Virginia will can be hand-written (also known as a “holographic will”). But it must be written entirely in your own handwriting. And upon your death, two witnesses would have to testify that the handwriting is indeed yours. You still have to sign the will, even if written entirely by your hand.

Virginia will code

This is just a summary of some of the key requirements for Virginia wills. Virginia Code § 64.1-49 specifies them:

No will shall be valid unless it be in writing and signed by the testator, or by some other person in his presence and by his direction, in such manner as to make it manifest that the name is intended as a signature; and moreover, unless it be wholly in the handwriting of the testator, the signature shall be made or the will acknowledged by him in the presence of at least two competent witnesses, present at the same time; and such witnesses shall subscribe the will in the presence of the testator, but no form of attestation shall be necessary. If the will be wholly in the handwriting of the testator that fact shall be proved by at least two disinterested witnesses.

Testamentary capacity

In order to execute a valid Virginia will, you must be at least 18-years-old. In addition, you must have “testamentary capacity.” That’s a legal term that simply means you have to know what you are doing in the will. It most cases this isn’t an issue. You basically have to know these things:

• The extent of your property
• Your natural beneficiaries
• The disposition your will is making

Virginia will law doesn’t require that you know all of your property or the precise value of your estate. You just need a general understanding.

Now you know the basics of creating a will in Virginia. But please remember that this is a complex area of Virginia law, and you should consult an estate planning lawyer to help with your will.

Photo by shoebappa. Downtown Norfolk, Virginia.

How easily can you talk to your lawyer on the phone? Does an assistant screen your call first? Does he promptly return your voicemails?

I’m sadly disgusted by the way many of my colleagues handle their phones. Actually, failure to return client messages is a prime source of bar complaints against attorneys.

I even have difficulty talking to fellow attorneys on the phone. As I write this, I have messages pending with at least three other attorneys, who haven’t called me back in over two days.

One of my work philosophies is to always be accessible. I answer my own phone; you don’t have to battle your way through a line of call screeners. I return your messages within one business day.

You deserve an attorney who makes you a priority. And you shouldn’t have to wait days to talk to your attorney on the phone. I’m the lawyer you can call.

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Now the ABA Journal, a national lawyer magazine, has written a story about the class. It’s in the context of lawyers offering free classes to the community to market their services.

I’m definitely excited to have such great coverage of anything I do. And I strongly believe in giving valuable information to the community. Free educational classes are a win-win for everyone involved. The attendees get to learn about a legal topic, and the lawyer gets to meet lots of new potential clients.

Planning for the future can be daunting. But it doesn’t have to halt your life.

As a Fredericksburg estate planning lawyer, I can help you create a comprehensive estate plan quickly and easily. It won’t take hours of meetings and weeks of waiting. You’ll be done before you know it. Here’s why:

I value new methods of communication. One big goal in my law practice is to make things efficient for clients like you. This philosophy directly affects the ease with which we can finalize your estate plan.

Here is how an estate planning matter can be handled:

1. You call or email me and tell me that you need your estate planned (will, trust, power of attorney, etc).
2. If you want to meet in person, we can. I even offer evening and weekend appointments. Or you can provide all the information I need over the phone and/or email.
3. I draft your estate plan, including whatever documents we decide are best for you: will, trust, power of attorney, advance directive, and/or living will.
4. You review the documents and I make any necessary changes. We can exchange documents via email, fax, mail, or courier.
5. We schedule a meeting at a time and place that is convenient for you. I bring a notary and your final documents. You sign everything, and you’re done!

As you can see, this process isn’t intensive. It doesn’t require you taking time out of your busy day to trek downtown to meet with me. You can have the services of a Fredericksburg estate planning lawyer without the typical inconvenience of hiring an attorney.

If you would like to meet with me about your estate planning needs, please contact me. I’d love to discuss how I can help.

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I’m not a patent attorney. Partially because patents drive me nuts! Actually, people drive me nuts when they advertise their patents.

How many infomercials have you seen where the product is touted as “patent pending”? This simple statement is supposed to give you confidence in the snake oil or kitchen gadget.

But what is a patent? It’s a legal construct to keep somebody else from copying your invention. That’s all.

Patents don’t mean that an invention works like it’s advertised. They don’t mean the government approves of the gadget or that the inventor can even legally market it. I could patent a method of robbing banks, but I wouldn’t be allowed to legally use it.

Don’t get me wrong here: obtaining a patent isn’t easy. The process can be long and complicated. And it typically requires costly attorney’s fees to help with the application.

But consumers should not let themselves be suckered into purchasing something just because it’s patented. That shouldn’t even matter for a consumer’s purchase decision.

By the way, the Lego man above is patented. Don’t you want one now? Actually, the last Lego patent expired in 1988. But you never saw Lego using “it’s patented” as a marketing technique.

Photo by Dunechaser

About a year ago, I wrote about the Google Docs end user license. Basically, I concluded that Google Docs isn’t very safe for confidential information that you want to safeguard.

Now there has been a huge flareup over the Google Chrome terms of service. I was interviewed by a reporter about how the license truly affects users like you. He wrote a comprehensive article that is now online.

If you would like to know more about Google’s Terms of Service, I highly suggest reading the article. Here is what I added to the article:

Andrew Flusche, a Fredericksburg, Virginia, lawyer who focuses on copyright and other issues, questioned how internal Google policy would guarantee protection of the end-users.

“Google’s internal policy can change any time; it’s their policy,” Flusche said. “The only protection users have is what the EULA [end user license agreement] says.”

The user agreement could allow Google to “publish a full-color book of Picasa photos as a promotional product,” he added.

Google is correct when it says many Web sites have similar copyright provisions, he added. “But that doesn’t mean anything,” Flusche said. “The terms are still unfavorable to users; that’s the dynamic of a huge corporation and millions of end-users.”

Photo by manfrys

Most people underestimate the importance of a comprehensive estate plan. And even if you have a solid plan put together, how old is it?

An old, outdated estate plan does virtually no good. You’ve put your wishes in writing, but they’re out of date. If you die with an old estate plan it place, your current wishes won’t be carried out. It’s that simple.

A good estate plan should change and evolve as your life goes on. Your family and assets change, so should your legal plan.

My recommendation is to re-asses your estate plan at least every five years. You probably buy a car about that often. Why shouldn’t you check over your will, trust, etc?

In addition, you should also visit your estate planning lawyer anytime you cross a major life milestone. Events to consider an estate update include:

• Marriage
• Divorce (even just legal separation)
• Childbirth
• Adoption
• Death of family member
• Property acquisition (especially house, vacation home, etc)
• Major surgery

Don’t let your estate plan get old and dusty. Make sure it’s fresh and truly reflects your wishes.

If you need help, contact Andrew, your Fredericksburg estate planning lawyer.

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Non-profits require public accountability. They must be good stewards of the public’s money. As a lawyer for non-profits, I help them be accountable to their donors and succeed in their mission.

That’s why I’m astounded by this AP article on the Smithsonian Institution. It reports that many top-level Smithsonian executives will be receiving pay cuts. But it also tells how much many of those executives will still be earning. And some executives are immune from the cuts.

The Smithsonian’s Secretary isn’t taking a pay cut. His total annual compensation is $524,000.

The Chief Financial Officer currently has a base salary of $293,280. And she’s losing 41% of that.

Seventeen of the Smithsonian’s 38 executives are currently being paid more than the federal salary cap for these types of jobs: $158,500.

Do you know how much we pay the President of the United States? The leader of our country earns $400,000 per year.

How much does your favorite non-profit pay its executives? Call them and ask. If they don’t tell you, I wouldn’t donate to them any more. But maybe that’s just me.

Photo by TimothyJ

Yes, the shiny family jewels: diamonds, rubies, and emeralds.

If your estate is naked (not protected) when you die, you’re risking your family’s wealth. It’s that simple.

Even if you have an average net worth, you still need the protection of a comprehensive estate plan. A basic will is very cheap, and it ensures that your estate will be protected upon your death. Your estate will not be exposed to the default distribution that could send your money to a distant relative.

If you’re part of the 55% of people who don’t have any type of estate plan, you really need to remedy that. Sadly, according to Forbes, 30% of people with $500,000 in investable assets don’t even have a will. That’s just dangerous.

Do you want to make sure your spouse, children, or parents are taken care of when you die? Maybe you want to provide for a favorite family pet. If your estate isn’t in order, these things won’t happen.

If you need a Virginia estate planning lawyer, give me a call.

This is my entry in the ProBlogger group writing project: Killer Titles.

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If you have questions about trademark registration, I suggest watching this webinar. It provides an overview of the process, why you should register, how much it costs, etc.

Be sure to sign up for my next webinar: Reduce Your Liability: Protect Yourself and Your Business. It’s September 4, so sign up now!