2300 Clarendon Boulevard, Suite 700
Arlington, VA 22201
Our office is engaged to review estate plans and draft Last Will and Testaments, Living Wills, General Durable Power of Attorneys, Medical Power of Attorneys, HIPPA releases, Deeds and other documents.
I have represented parties in real estate partition trials in Arlington, Fairfax and Alexandria, Virginia. Trial is the last resort in a case. Numerous settlements have been attained in many of the cases where I was counsel. I have also served as Special Commissioner of Sale and I am willing to serve in that capacity if so ordered by a court.
On behalf of family members or nursing homes, I have filed numerous petitions for the appointment of a guardian and/or conservator in circuit court in Virginia. I have also represented respondents and other interested parties, such as family members, in court. Prior to the filing a petition for the appointment of a guardian and/or conservator, a less restrictive option is explored such as preparation and execution of a Power of Attorney documents provided that the grantor has capacity and is willing to delegate authority. Sometimes, a guardian or conservator is needed even when a Power of Attorney has been signed due to either revocation of the documents or the situation is such that the documents are just not workable due to family dynamics. I currently serve , and I am willing to serve, as guardian, conservator and trustee in cases.
I have handled cases involving impeachment of Last Will and Testaments, Trust Agreements and Power of Attorney documents. I have also been engaged in augmented estate litigation, statutory claims filed by a surviving spouse and issues regarding the identity of heirs and missing heirs and beneficiaries.
Our office can provide assistance with the administration of an estate including preparation of court accountings, representing the estate for debts and demands hearings, obtaining court orders such as power of sale of real estate when there is no Will that has been located and there is real property that needs to be sold, and orders of distribution. We can also advise and counsel regarding the sale of tangible personal property, transfer of car titles/ownership, sale of real estate and issues regarding the transfer of assets to minors.
George W. Dodge
Intestate Estate: is an estate in which there is no Last Will of Testament. About half of the estates opened in Virginia have no Will that is probated.
Probate: means to prove that the document is the decedent's will. If there is no will, then a List of Heirs is filed at the probate appointment.
Heir: is a person determined by statute, who inherits or succeeds to a share of an estate.
Guardian: a guardian makes healthcare and placement decisions.
Conservator: is responsible to manage financial affairs of the incapacitated person.
Partition: this is a lawsuit to divide land held by tenants in common and joint tenants. It results in a judicial sale of the property.
Power of Attorney: is a document authorizing another person to act as one's agent for health or financial decisions. The authority granted can be specific and limited or broad and general.
Trust Agreements: there are many types of Trusts. The grantor of a Trust transfers property into a Trust for their benefit and/or the benefit of others. The terms of a Trust includes authority to manage Trust assets while the grantor is alive and disposition of assets after death.
Note that these definitions focus on Virginia law and the terms could have different meanings in other states.