Estate Planning

Estate Planning Attorneys in Culpeper, VA

Will, Trusts, and Power of Attorneys

At Gayheart & Willis PC, we provide legal counsel to your estate planning including wills, trusts, and estate administration. Wills offer a smooth transition for your loved ones left behind. We work to help you preserve the assets you have worked so hard to earn. When you consult with us, we take the time to get to know you and your goals as well as review your finances, assets, property, and investments.

Group of People Wearing Black — Estate Planning in Culpeper, VA

Living Wills

A living will allows you to state your wishes in case you are ever unable to communicate your health care decisions. In the state of Virginia, advance medical directive requires two witnesses. Call (540) 825-3200 to speak to one of our attorneys and learn more about your options.

Estate Administration and Settlement

Our attorneys can help you manage court processes, debts, and distribution of property when your loved one passes away.

Estate Planning FAQs

Do I need a Will?

Most people need a Will to ensure that their estate is disposed of according to their wishes and to grant their executor specific powers which facilitate the administration of the estate. If a person dies without a Will, then the Code of Virginia dictates who will receive the person‘s estate, and the decedent may very well wish to have an alternative disposition than that which is dictated by statute. By using a Will, you can also address the issue of delaying the vesting of property to heirs beyond the age of 18 and until they reach a certain degree of maturity.
What happens if I die without a Will (intestate)?

The Code of Virginia dictates the disposition of your property. This statutory disposition may be contrary to how you wish your estate to be distributed. In addition, someone would have to qualify as the administrator of your estate, and you do not have any control over who this person may be. With a Will, you designate who will handle your estate.
What is a Power of Attorney?

A Power of Attorney is a grant of authority to a person during your life time to act in your place if you are unavailable or incapacitated. If you do not have a Power of Attorney and become incapacitated during your lifetime, someone would have to petition the Court to become your guardian and conservator. You would have no say in ultimately who the Court may approve as your guardian and conservator.
Is a copy of my Will sufficient for probate?

The general answer is no.
What is a Living Will or an Advanced Medical Directive?

An Advanced Medical Directive is your written direction that if you have a terminal illness where the application of life-prolonging procedures would only artificially prolong your dying process, then you direct such procedures be withheld, that you be allowed to die naturally, and that only the administration of medication as necessary to relieve pain or provide comfort to you be given to you. In addition, an Advance Medical Directive is the appointment of a health care agent to make medical decisions for you during your incapacity.