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[Post - AUG] An Estate Plan Is More Than a Will

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[Post - AUG] An Estate Plan Is More Than a Will

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A will is only one part of protecting your future.

A comprehensive Virginia estate plan may also include trusts, powers of attorney, and advance medical directives. Together, these documents clarify how your assets, finances, healthcare decisions, and loved ones should be protected if you become incapacitated or pass away.

Online and AI estate planning tools may offer general information, but your plan should reflect your family, assets, and Virginia law.

Contact Commonwealth Life & Legacy Counsel to create an estate plan built around your wishes.

📞Troy, VA: (434) 589-2958

📞Powhatan, VA: (804) 598-1348

https://winget-hernandez.com/contact-us

#estateplanning #virginiaestateplanning #willsandtrusts #estateplan

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07.30.26 - Commonwealth Life & Legacy Counsel - An Estate Plan Is More Than a Will (2)

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[Post - AUG] When Probate Turns Into a Legal Battle

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[Post - AUG] When Probate Turns Into a Legal Battle

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A disagreement over an estate can quickly make probate more difficult.

Contested wills, suspected undue influence, executor misconduct, and inheritance disputes may require legal action to protect the estate and the rights of those involved. Addressing these issues early can help prevent an already complex probate matter from becoming a prolonged conflict.

Contact Commonwealth Life & Legacy Counsel for guidance from a Virginia probate litigation attorney.

📞Troy, VA: (434) 589-2958

📞Powhatan, VA: (804) 598-1348

https://winget-hernandez.com/virginia/probate-litigation

#probatelitigation #probateattorney #virginialawyer #estatedisputes

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07.30.26 - Commonwealth Life & Legacy Counsel - When Probate Turns Into a Legal Battle

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[Post - AUG] Could Gaps in Your Estate Plan Affect Your Family?

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[Post - AUG] Could Gaps in Your Estate Plan Affect Your Family?

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A strong estate plan does more than divide property. It prepares for the decisions that could affect your family’s future.

Who should receive certain assets? How would long-term care be funded? Could unclear or outdated documents lead to probate delays or family disputes? Addressing these questions now can help you build a plan that works when it is needed most.

Talk with Commonwealth Life & Legacy Counsel about creating a Virginia estate plan shaped around your family, finances, and future needs.

📞Troy, VA: (434) 589-2958

📞Powhatan, VA: (804) 598-1348

https://winget-hernandez.com/virginia/estate-lawyer-virginia

#estateplanning #virginiaestateplanning #longtermcareplanning #legacyprotection

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07.30.26 - Commonwealth Life & Legacy Counsel - Could Gaps in Your Estate Plan Affect Your Family (2)

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Being named as an executor comes with important legal responsibilities. From protecting estate assets to navigating probate, understanding your role can help you navigate the estate administration process with greater confidence.

If you've been named as an executor and are unsure where to begin, Commonwealth Life & Legacy Counsel is here to help you navigate the estate administration process with confidence.

📞 Troy, VA: (434) 589-2958

📞 Powhatan, VA: (804) 598-1348

https://winget-hernandez.com

#estateplanning #estateadministration #probate #virginialaw

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07.30.26 - Commonwealth Life & Legacy Counsel - Named as an Executor

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[Post - AUG] Could an Inheritance Put Important Benefits at Risk?

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[Post - AUG] Could an Inheritance Put Important Benefits at Risk?

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Leaving assets directly to a loved one with disabilities could affect the government benefits they rely on.

A properly structured special needs trust can provide financial support, protect against exploitation, and help preserve eligibility for SSI, Medicaid, and other needs-based assistance. Because every person’s care and circumstances are different, the plan should reflect their specific needs and future.

Contact Commonwealth Life & Legacy Counsel to schedule a free initial consultation about special needs planning in Virginia.

📞Troy, VA: (434) 589-2958

📞Powhatan, VA: (804) 598-1348

https://winget-hernandez.com/virginia/special-needs-planning

#specialneedsplanning #specialneedstrust #estateplanningattorney #specialneeds

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07.30.26 - Commonwealth Life & Legacy Counsel - Could an Inheritance Put Important Benefits at Risk

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[Post - AUG] Patient, Practical Estate Planning Guidance

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[Post - AUG] Patient, Practical Estate Planning Guidance

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We are grateful to receive such thoughtful feedback from a client who trusted us with their estate planning documents.

Thank you for recognizing Michael Winget-Hernandez’s knowledge, practical advice, and patience throughout the process. It was a privilege to provide guidance and help make each step easier to understand.

If you are ready to create or update your estate plan, contact Commonwealth Life & Legacy Counsel to schedule a consultation.

📞Troy, VA: (434) 589-2958

📞Powhatan, VA: (804) 598-1348

https://winget-hernandez.com

#clientreview #estateplanninglawyer #virginiaestateplanning #estateplanning

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07.30.26 - Commonwealth Life & Legacy Counsel - Patient, Practical Estate Planning Guidance (1)

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[Post - AUG] Is an Executor Putting the Estate at Risk?

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[Post - AUG] Is an Executor Putting the Estate at Risk?

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Missing assets, unexplained transactions, or delayed distributions may point to more than poor communication.

An executor or trustee has a duty to manage estate property responsibly. When beneficiaries suspect mismanagement, embezzlement, or another breach of fiduciary duty, probate litigation may be necessary to investigate the conduct and protect their inheritance rights.

Contact Commonwealth Life & Legacy Counsel to discuss concerns involving an executor, trustee, or estate administration.

📞Troy, VA: (434) 589-2958

📞Powhatan, VA: (804) 598-1348

https://winget-hernandez.com/virginia/probate-litigation

#executormisconduct #breachoffiduciaryduty #probatelitigationattorney #virginiaprobatelawyer

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07.30.26 - Commonwealth Life & Legacy Counsel - Is an Executor Putting the Estate at Risk

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[Post - AUG] Your Estate Plan Should Fit Your Life

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[Post - AUG] Your Estate Plan Should Fit Your Life

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Your estate plan should be shaped by your life, assets, and goals.

Your property, financial accounts, family relationships, and long-term priorities should determine how your plan is structured. Minor children, blended-family considerations, business ownership, and probate concerns may each require a different planning approach.

Contact Commonwealth Life & Legacy Counsel to create a personalized Virginia estate plan that reflects what matters most to you.

📞Troy, VA: (434) 589-2958

📞Powhatan, VA: (804) 598-1348

https://winget-hernandez.com/contact-us

#estateplanning #virginiaestate #personalizedestateplan #estateplanninglawyer

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07.30.26 - Commonwealth Life & Legacy Counsel - Your Estate Plan Should Fit Your Life

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[Post - MARCH] Do Wills Require Probate?

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[Post - MARCH] Do Wills Require Probate?

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For many people, a will is an effective and appropriate way to outline how assets should be distributed. In Virginia, however, assets governed solely by a will typically must go through probate before they are passed on to beneficiaries, which can involve time and administrative steps for loved ones.

In some situations, a properly structured trust may help reduce or avoid probate and offer additional privacy or efficiency. The right approach depends on your assets, family dynamics, and long-term goals—and there is no one-size-fits-all solution. 🏡

Our team can help you evaluate whether a will, a trust, or a combination of both makes the most sense for your estate plan.

📞Troy, VA: (434) 589-2958

📞Powhatan, VA: (804) 598-1348

https://winget-hernandez.com

#probate #estateplanning #estatelawyer #wills

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[Blog Post - MARCH] Can a Beneficiary Be a Witness to a Will in Virginia?

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[Blog Post - MARCH] Can a Beneficiary Be a Witness to a Will in Virginia?

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Can someone who benefits from your will also be a witness? 🤔

It’s a common question in Virginia estate planning, and one with an answer that surprises many. While a beneficiary can serve as a witness, doing so can create unnecessary tension and even lead to legal disputes down the road.

At Commonwealth Life & Legacy Counsel, we help Virginia families avoid those pitfalls by ensuring every will meets state requirements and protects your wishes from challenge.

Read our blog to learn the safest way to choose witnesses for your will and keep your estate plan secure:

https://winget-hernandez.com/2025/08/04/beneficiary-as-witness-to-will-virginia

#estateplanning #wills #estateplan #blog

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Can a Beneficiary Be a Witness to a Will in Virginia? Explained - Commonwealth Life and Legacy Counsel

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Can a beneficiary witness a will in Virginia? Learn what state law says and how it can affect the will’s validity.

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[Post - MARCH] Do You Have an Estate Plan That Truly Protects Your Family?

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[Post - MARCH] Do You Have an Estate Plan That Truly Protects Your Family?

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Have you taken steps to make sure your assets and loved ones are protected if something unexpected happens? 🏡

Estate planning is about more than documents. It is about making thoughtful decisions now so your wishes are honored and your family has clarity and peace of mind later. From wills and trusts to powers of attorney and medical directives, the right plan helps you stay in control.

Take the first step toward protecting your legacy with guidance tailored to your life and goals. Contact our team today to get started. ✅

📞Troy, VA: (434) 589-2958

📞Powhatan, VA: (804) 598-1348

https://winget-hernandez.com/virginia/estate-lawyer-virginia

#estateplan #virginiaestate #estateplanning #legaltips

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[Reel Post - MARCH] Trust Administration Feels Overwhelming?

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[Reel Post - MARCH] Trust Administration Feels Overwhelming?

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Trust administration can feel overwhelming, especially during an already emotional time.

From managing assets and notifying beneficiaries to handling taxes and distributions, trustees carry significant responsibilities. With the right legal guidance, the process becomes clearer, more manageable, and far less stressful. ⚖️

At Commonwealth Life & Legacy Counsel, we help trustees navigate trust administration with confidence and care, ensuring everything is handled properly under Virginia law.

If you have been named a trustee and are unsure where to begin, we are here to help. Contact our team today to schedule a consultation.

📞Troy, VA: (434) 589-2958

📞Powhatan, VA: (804) 598-1348

https://winget-hernandez.com/virginia/trust-administration

#trustadministration #estateplanning #virginialawyer #centralvirginia

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[Post - MARCH] Thoughtful Estate Planning in a Time of Uncertainty

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[Post - MARCH] Thoughtful Estate Planning in a Time of Uncertainty

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We are deeply grateful for the trust our clients place in us during some of life’s most difficult moments.

Helping a family navigate estate planning and end-of-life decisions amid a serious medical diagnosis is never easy. Providing clarity, compassion, and steady guidance is at the heart of what we do. From careful planning to responsive communication, our goal is always to ensure our clients feel heard, supported, and confident in their decisions.

Thank you for allowing our team to be a source of calm during a challenging time. It is truly an honor to serve families when it matters most.

If you’re ready to plan for the future with care and confidence, we’re here to help. 🤝🏻

📞Troy, VA: (434) 589-2958

📞Powhatan, VA: (804) 598-1348

https://winget-hernandez.com

#clientreview #estateplanning #virginialawfirm #legalcounsel

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[Post - MARCH] Do You Have a Will That Truly Reflects Your Wishes?

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[Post - MARCH] Do You Have a Will That Truly Reflects Your Wishes?

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Have you put a plan in place to make sure your property and personal belongings are distributed exactly the way you intend? 📄

Without a valid will, Virginia law decides who receives your assets. A thoughtfully prepared will allows you to protect your family, choose guardians for minor children, and reduce confusion during a difficult time.

At Commonwealth Life & Legacy Counsel, we create personalized wills designed around your life, goals, and family dynamics. Contact us today to start planning with confidence and clarity.

📞Troy, VA: (434) 589-2958

📞Powhatan, VA: (804) 598-1348

https://winget-hernandez.com/virginia/estate-lawyer-virginia

#estateplanning #estateattorney #estateplan #livingwill

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[Post - MARCH] Is Your Special Needs Plan Built to Last?

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[Post - MARCH] Is Your Special Needs Plan Built to Last?

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Have you created a plan that will continue supporting your loved one with special needs long after you are gone?

Special needs planning goes beyond basic estate planning. It considers benefits eligibility, protection from financial exploitation, and long-term care needs. The right plan helps ensure stability, dignity, and security.

Our firm offers compassionate guidance rooted in both legal knowledge and personal understanding. Contact us today to begin building a plan designed to stand the test of time.

📞Troy, VA: (434) 589-2958

📞Powhatan, VA: (804) 598-1348

https://winget-hernandez.com/virginia/special-needs-planning

#specialneeds #estateplan #specialneedsplanning #legalhelp

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[Blog Post - DEC] Signs of Lacking Testamentary Capacity & Legal Safeguards | Scheduled 01.19.26

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[Blog Post - DEC] Signs of Lacking Testamentary Capacity & Legal Safeguards | Scheduled 01.19.26

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How can you tell if someone truly had the capacity to sign their will?

It’s one of the toughest questions families face after a loved one passes. Signs like confusion, memory loss, or unexpected changes in a will can lead to painful disputes and long court battles.

At Commonwealth Life & Legacy Counsel, we help families take proactive steps to make sure every will is clear, valid, and protected from challenge.

📖 Read our latest blog to learn how to protect your loved one’s intentions and bring peace of mind to your family:

https://winget-hernandez.com/2025/09/23/testamentary-capacity

#estateplanning #legaltips #wills #peaceofmind

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Signs of Lacking Testamentary Capacity & Legal Safeguards - Commonwealth Life and Legacy Counsel

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Learn the signs someone lacks testamentary capacity and how Virginia law ensures wills are made with sound mind and intent.

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[Post - DEC] Why Does Probate Feel So Overwhelming? | Scheduled 01.15.26

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[Post - DEC] Why Does Probate Feel So Overwhelming? | Scheduled 01.15.26

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If you’ve recently lost a loved one, the probate process can feel confusing and stressful. Between legal filings, deadlines, and court appearances, it can be a lot to handle on your own.

Commonwealth Life & Legacy Counsel provides calm, compassionate support to help you manage every step with confidence. 🌿

Reach out today to learn how we can make the process easier for you and your family.

📞Troy, VA: (434) 589-2958

📞Powhatan, VA: (804) 598-1348

https://winget-hernandez.com/virginia/probate-administration

#probatehelp #probatelawyer #estatelawfirm #probate

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[Post - DEC] Who Should Have a Revocable Living Trust? | Scheduled 01.12.26

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[Post - DEC] Who Should Have a Revocable Living Trust? | Scheduled 01.12.26

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Do you know if a revocable living trust is right for you? This tool is especially helpful for families who want to avoid probate, protect blended family interests, or manage assets seamlessly in case of illness or death. ⚖️

At our firm, we guide you through every step of creating a trust that reflects your wishes and keeps your loved ones cared for.

Reach out today to learn whether a revocable living trust makes sense for your estate plan.

📞Troy, VA: (434) 589-2958

📞Powhatan, VA: (804) 598-1348

https://winget-hernandez.com/virginia/revocable-trust

#revocabletrust #estatelawyer #virginialawfirm #estateplanning

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[Post - NOV] Planning for Peace of Mind Before the Holidays

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[Post - NOV] Planning for Peace of Mind Before the Holidays

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The holidays remind us of the people and traditions that matter most, making it the perfect time to think about planning for peace of mind.

A quick review of your will, powers of attorney, and key documents can bring clarity and calm before the year ends. 📄

Read the full blog to learn how early planning can protect your family this season.

https://winget-hernandez.com/2025/11/26/planning-for-peace-of-mind-before-the-holidays

#holidayseason #estateplan #estateplanning

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Planning for Peace of Mind Before the Holidays - Commonwealth Life and Legacy Counsel

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The holidays are a great time to reflect. Learn why estate planning now can bring peace of mind to you and your loved ones in Virginia.

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This season reminds us to pause and give thanks for what truly matters. 🍂

At Commonwealth Life & Legacy Counsel, we are deeply grateful for the trust our clients and community place in us to help protect their legacies and care for their loved ones.

Wishing you and your family a joyful Thanksgiving filled with peace, gratitude, and connection. 🧡

https://winget-hernandez.com

#happythanksgiving #gratitude #estateplanning #thankful #virginialaw

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[NL Blog Post - NOV] Why Estate Planning Matters Now | Scheduled 11.26.25

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[NL Blog Post - NOV] Why Estate Planning Matters Now | Scheduled 11.26.25

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As fall settles in, it is the perfect time to reflect on what truly matters, your loved ones and the future you want for them.

Our latest blog explains why estate planning is not just for the wealthy or retired and how a few essential documents can make all the difference for your family.

📘 Visit our blog to learn how to start your estate plan today.

https://winget-hernandez.com/2025/11/05/why-estate-planning-matters-now

#estateplanning #virginialaw #legacyplanning #estateplan

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Why Estate Planning Matters Now - Commonwealth Life and Legacy Counsel

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Don’t wait to plan your future. This post explains why estate planning is essential for protecting what matters most in Virginia.

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[Post - NOV] Why Start Your Estate Plan Now? | Schedule 11.25.25

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[Post - NOV] Why Start Your Estate Plan Now? | Schedule 11.25.25

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Thinking about starting your estate plan but not sure when the right time is? The answer is simple: now. Estate planning is one of the most important ways to safeguard your legacy and care for your loved ones.

Our team at Commonwealth Life & Legacy Counsel is here to make the process clear, simple, and personal to your goals.

Schedule your consultation today and start protecting what matters most. 💬

📞Troy, VA: (434) 589-2958

📞Powhatan, VA: (804) 598-1348

https://winget-hernandez.com/virginia/estate-lawyer-virginia

#estateplanning #virginiaestate #estateattorney #legaltips

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[Post - OCT] HIPAA Release: Are You Trusting the Right Person? | Scheduled 11.07.25

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[Post - OCT] HIPAA Release: Are You Trusting the Right Person? | Scheduled 11.07.25

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Not everyone needs full access to your medical info.

Choose someone responsible, trustworthy, and calm under pressure for your HIPAA release.

💡 Bonus tip: You can add people in addition to your healthcare agent so the right support team is in place when it matters most.

Want to learn how to choose the right person? Schedule your consultation today.

📞Troy, VA: (434) 589-2958

📞Powhatan, VA: (804) 598-1348

https://winget-hernandez.com/virginia/hipaa-release

#hipaa #estateplanning #healthcare #virginialaw

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[Blog Post - OCT]  Can a Trustee Be Removed Without Consent? | Scheduled 11.05.25

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[Blog Post - OCT]  Can a Trustee Be Removed Without Consent? | Scheduled 11.05.25

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You set up a trust to protect your property but something feels off about the trustee. While most handle their duties well, Virginia law recognizes that mistakes, conflicts, or even misconduct can happen.

👉🏻 Want to know what you can do if your trustee isn’t acting in your best interest? Read our blog for key insights.

https://winget-hernandez.com/2025/08/04/removing-a-trustee-without-consent

#trustlaw #virginialaw #estateplanning #blog #legalhelp

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Can a Trustee Be Removed Without Consent?

You set up a trust so property will be managed with care, yet something feels off about the person in charge. Trustees hold wide-ranging authority, and for the most part, they perform their duties effectively. Still, Virginia law recognizes that mistakes, conflicts, or even misconduct can happen.

At Commonwealth Life and Legacy Counsel, we see families facing this issue and want to share when, why, and how a court may step in to replace a trustee who will not step aside voluntarily.

Grounds for Trustee Removal in Virginia

Removing a trustee is not a step to be taken lightly. Courts only grant the request when clear statutory grounds exist, and the evidence supports each claim.

Statutory Basis for Removal

Virginia Code § 64.2-759 sets out who may seek removal and on what terms. A petition can be initiated by the settlor, any beneficiary, a co-trustee, or the Attorney General if the trust is charitable. The court itself may also act if obvious problems appear in a related case.

Specific Reasons for Removal

Section 64.2-759(B) lists four broad reasons a judge may remove a trustee. Each reason protects the trust from damage more than it punishes the trustee.

Serious breach of trust, such as misappropriating funds or refusing to provide information.

Lack of cooperation among co-trustees blocks timely decisions.

Unfitness, unwillingness, or persistent failure to manage the trust effectively best serve the beneficiaries.

A substantial change in circumstances or a joint request by all qualified beneficiaries, plus a suitable successor, is available.

While any single misstep might not reach this level, a pattern of issues often does.

Other Circumstances

Separate statutes, such as § 64.2-1405, cover routine vacancies. A trustee may die, lose capacity, move out of state when residency is required, resign, or, if a corporate trustee, fold into bankruptcy. In such situations, the court may appoint a replacement even in the absence of wrongdoing.

The Process of Removing a Trustee

Once grounds appear, the next hurdle is the procedure. Courts follow a set sequence meant to protect everyone's rights.

First, a petition outlining the alleged facts is filed with the circuit court that has jurisdiction over the trust. Every interested party receives formal notice and a hearing date. During the proceeding, you must present clear and convincing proof, such as bank statements, emails, or expert testimony, that supports each ground for removal.

Pending the final ruling, the judge may issue temporary orders under § 64.2-792(B). Temporary relief can include suspending the trustee, freezing certain accounts, or directing a neutral fiduciary to secure records.

Who Can Petition for Removal?

The list of potential petitioners is short but flexible:

1. The settlor while alive and competent.

2. A co-trustee who believes another trustee is blocking proper administration.

3. Any beneficiary, including those with a small share, so long as they can show potential harm.

4. The Attorney General, when a charitable trust is involved.

The court itself may also act sua sponte if serious problems surface in an existing matter, though that is uncommon.

Appointing a Successor Trustee

After removal or resignation, the trust still needs leadership. The Uniform Trust Code supplies an order of priority.

1

Person named in the trust document

Language in the instrument controls unless that nominee is unavailable or declines.

2

Candidate approved by all qualified beneficiaries

Unanimous written consent is required. This route avoids court time if everyone agrees.

3

Person appointed by the court

The judge may select an individual or a corporate fiduciary with suitable experience.

Once appointed, the successor accepts the role, secures a bond if needed, and requests records from the former trustee or their estate.

When to Seek Legal Counsel

Trust disputes can escalate rapidly from mild concern to full-blown litigation. Early advice helps determine if a private meeting, formal demand letter, mediation, or immediate court action is the best approach. Waiting too long risks asset loss, hidden transactions, or issues with statutes of limitation.

Protect Your Legacy: Contact Commonwealth Life and Legacy Counsel Today

Our team at Commonwealth Life and Legacy Counsel takes pride in guiding Central Virginia families through tough trust matters with clarity and compassion. If you suspect a trustee is falling short or if you are a trustee facing questions about your role, please call us in Central Virginia at 434-589-2958 or in Powhatan at 804-598-1348. You can also reach us at info@winget-hernandez.com or visit our Contact Us page. Timely advice can preserve trust assets and family relationships, so don't hesitate to get in touch.

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Can a Trustee Be Removed Without Consent? - Commonwealth Life and Legacy Counsel

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Wondering if a trustee can be removed in Virginia? Learn when and how removal is possible-even without their agreement.

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[Post - OCT]  Your Digital Life Deserves a Plan | Scheduled 10.30.25

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[Post - OCT]  Your Digital Life Deserves a Plan | Scheduled 10.30.25

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Your digital assets like online accounts, photos, and crypto are part of your legacy.

Digital estate planning helps protect and pass them on securely.

This month, take steps to safeguard your online future.📲 Let’s talk about your digital estate.

📞Troy, VA: (434) 589-2958

📞Powhatan, VA: (804) 598-1348

https://winget-hernandez.com

#estateplanning #digitallegacy #cybersecurity #digitalassets #planahead

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[Reel Post - OCT]  3 Reasons to Add a Pour-Over Will to Your Estate Plan | Scheduled 10.28.25

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[Reel Post - OCT]  3 Reasons to Add a Pour-Over Will to Your Estate Plan | Scheduled 10.28.25

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A pour-over will is a smart way to tie up loose ends, especially here in Central Virginia.

✔️ Catches forgotten assets
✔️ Keeps things private
✔️ Gives you control

Let’s make sure your legacy is protected.

📞Troy, VA: (434) 589-2958

📞Powhatan, VA: (804) 598-1348

https://winget-hernandez.com/virginia/pour-over-will

#estateplanning #pouroverwill #estatelawyer #virginialaw

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[Testimonial Post - OCT] More Than Lawyers, They Were Our Lifeline | Scheduled 10.24.25

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[Testimonial Post - OCT] More Than Lawyers, They Were Our Lifeline | Scheduled 10.24.25

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We’re honored to have supported our clients during such a personal time. At this time, our team aims to be your trusted legal advisors always friendly, knowledgeable, and sensitive to your needs.

Need help with estate planning or legal guidance? Contact us.

📞Troy, VA: (434) 589-2958

📞Powhatan, VA: (804) 598-1348

https://winget-hernandez.com

#clientreview #legalcounsel #estateplan #virginialawfirm

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[Blog Post - OCT] The Role of the Commissioner of Accounts in Virginia Probate | Scheduled 10.22.25

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[Blog Post - OCT] The Role of the Commissioner of Accounts in Virginia Probate | Scheduled 10.22.25

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Handling an estate after a loved one passes can feel like trying to sort through the pieces of a large puzzle. Many families soon discover that Virginia adds one more player to the process, the Commissioner of Accounts. ⚖️

This article sheds light on the Commissioner’s role, the purpose of the office, and how the rules impact administrators, executors, and beneficiaries. 📜👨‍⚖️👩‍⚖️

https://winget-hernandez.com/2025/07/31/commissioner-of-accounts

#estateplanning #virginialaw #commissionerofaccounts #probate #estateadministration

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The Role of the Commissioner of Accounts in Virginia Probate - Commonwealth Life and Legacy Counsel

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Need estate planning in Troy, VA? Commonwealth Life and Legacy Counsel offers will drafting, trust formation, elder law, and probate support.

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[Post - OCT 20]  Estate Planning Awareness Week | Scheduled 10.20.25

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[Post - OCT 20]  Estate Planning Awareness Week | Scheduled 10.20.25

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It’s Estate Planning Awareness Week, the reminder we all need but often put off. 🗓️

Taking the time now to create a plan means peace of mind for you and clarity for your loved ones later. 🛡️

It’s not just paperwork. It’s one of the most meaningful ways to care for the people who matter most.

📞Troy, VA: (434) 589-2958

📞Powhatan, VA: (804) 598-1348

https://winget-hernandez.com

#estateplanning #planahead #protectwhatmatters #estateplanningawareness

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[Blog Post- SEPT] Essential Questions to Ask Your Attorney Before Creating a Trust | Scheduled 10/10/25 

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[Blog Post- SEPT] Essential Questions to Ask Your Attorney Before Creating a Trust | Scheduled 10/10/25 

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Are you considering a trust to manage your assets and provide for your loved ones?

A trust is a legal tool where a trustee holds assets for the benefit of a beneficiary, guided by specific instructions. It can offer more control, privacy, and the ability to avoid probate.

Our blog can help you navigate this process by giving you the most important questions to ask before you set up your trust:

https://winget-hernandez.com/2025/06/11/questions-to-ask-before-creating-a-trust

#estateplanning #trustfund #virginialaw #blog #trustlaw #livingtrust

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Essential Questions to Ask Your Attorney Before Creating a Trust - Commonwealth Life and Legacy Counsel

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Before creating a trust, know what to ask your attorney. This guide covers essential questions for Virginia residents.

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[Post- SEPT] More Than a Will, A Life Well Planned | Scheduled 9/22/2025 

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[Post- SEPT] More Than a Will, A Life Well Planned | Scheduled 9/22/2025 

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Estate planning is not just about what happens later, it is about living life on your terms now and in the future.

By making intentional choices today, you guarantee your wishes are honored, your loved ones are protected, and your legacy reflects who you are.

Let’s take the first step together. Reach out today.

📞Troy, VA: (434) 589-2958

📞Powhatan, VA: (804) 598-1348

https://winget-hernandez.com

#estateplanning #estateplan #estateplanningattorney

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[Testimonial Post- SEPT] Peace of Mind for My Parents | Scheduled 9/18/2025 

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[Testimonial Post- SEPT] Peace of Mind for My Parents | Scheduled 9/18/2025 

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It’s an honor to help families to create their will and planning needs for their elderly loved ones.

Thank you for trusting our team at Commonwealth Life and Legacy Counsel.

📞Troy, VA: (434) 589-2958

📞Powhatan, VA: (804) 598-1348

https://winget-hernandez.com

#clientreview #legalcounsel #estateplan #virginialawfirm

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[Post- SEPT] Why Establish a Trust in Virginia? | Scheduled 9/15/2025 

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[Post- SEPT] Why Establish a Trust in Virginia? | Scheduled 9/15/2025 

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Planning your estate? 🏠 A trust in Virginia offers key advantages:

✅ Bypass a lengthy court process

✅ Control how and when assets are distributed

✅ Protect your family's privacy

Let's talk about your future. Contact us for a consultation.

📞Troy, VA: (434) 589-2958

📞Powhatan, VA: (804) 598-1348

https://winget-hernandez.com/virginia/trust-lawyer

#estateplanning #virginialaw #trustlaw #estateattorney

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[Reel Post- SEPT] 6 Situations That May Require Probate Litigation | Scheduled 9/11/2025 

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[Reel Post- SEPT] 6 Situations That May Require Probate Litigation | Scheduled 9/11/2025 

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Probate litigation isn’t just a disagreement; it’s a critical tool for upholding a will’s validity and protecting family inheritances. ⚖️

Act decisively to protect what's yours. Give us a call if you're dealing with these concerns.

📞Troy, VA: (434) 589-2958

📞Powhatan, VA: (804) 598-1348

https://winget-hernandez.com/virginia/probate-litigation

#probate #probatelitigation #estateplanning #probatelawyer

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[Post- SEPT] Skipping the Advance Medical Directive Could Cost You More Than Time | Scheduled 9/8/2025 

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[Post- SEPT] Skipping the Advance Medical Directive Could Cost You More Than Time | Scheduled 9/8/2025 

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Without an advance directive, loved ones or even the courts may have to make medical decisions for you. This can mean delays, confusion, and conflict when time matters most.⏳

✅ Plan ahead, contact us.

📞Troy, VA: (434) 589-2958

📞Powhatan, VA: (804) 598-1348

https://winget-hernandez.com/virginia/advance-medical-directive-living-will

#advancedirective #healthcareplanning #estateplanning

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[NL Blog Post - SEPT] Challenging a Will? Find Out How Estate Litigation Can Help | Scheduled 9/4/2025 

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[NL Blog Post - SEPT] Challenging a Will? Find Out How Estate Litigation Can Help | Scheduled 9/4/2025 

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When a loved one passes, their will should reflect their true intentions. But what if something feels off? Perhaps there are concerns about undue influence, or a family member was unexpectedly excluded.

In Virginia, certain individuals have the legal right to contest a will but strict rules and deadlines apply.⏳

Here’s what you need to know if you’re considering taking the next step.

https://winget-hernandez.com/2025/07/16/challenging-will-litigation

#virginialaw #wills #probatelawyer #estateplanning #inheritance

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Challenging a Will? Find Out How Estate Litigation Can Help - Commonwealth Life and Legacy Counsel

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Facing a contested will? Discover how Virginia estate litigation helps families resolve inheritance conflicts and safeguard legacies.

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[Post- SEPT] FAQ: Can I Revoke My Living Will? **CANCELED**

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[Post- SEPT] FAQ: Can I Revoke My Living Will? **CANCELED**

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Yes, you have the right to revoke your living will at any time. You can do this by physically destroying the document, signing a written statement of revocation, or by orally communicating your decision to someone else.

Have questions about making changes to your estate plan? Our team is here to help. 🤝🏻

📞Troy, VA: (434) 589-2958

📞Powhatan, VA: (804) 598-1348

https://winget-hernandez.com/virginia/advance-medical-directive-living-will

#will #estateplanning #legalhelp #estatelawyer

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[Post - AUG]  What Belongs in Your Schedule of Assets?  | Scheduled 9/1/2025

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[Post - AUG]  What Belongs in Your Schedule of Assets?  | Scheduled 9/1/2025

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Putting together a full list of your assets is a key step in protecting your legacy and making things easier for your loved ones.

✅ List physical items: your home, car, jewelry, and other valuables
✅ Include financial assets: stocks, retirement accounts, savings
✅ Don’t skip debts: mortgages, loans, credit cards
✅ Add digital assets: emails, online accounts, photos, social media
✅ Remember sentimental items that carry emotional value

Save your family stress, get organized now.

📞Troy, VA: (434) 589-2958

📞Powhatan, VA: (804) 598-1348

https://winget-hernandez.com/virginia/schedule-of-assets

#estateplanning #scheduleofassets #virginialaw #assetmanagement

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[Reel Post - AUG] 5 Legal Grounds to Contest a Will in Virginia  | Scheduled 8/28/2025

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[Reel Post - AUG] 5 Legal Grounds to Contest a Will in Virginia  | Scheduled 8/28/2025

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Think a loved one’s will was manipulated or invalid?

Virginia courts won't change a will just because it's "unfair" but there are legitimate reasons to challenge it.

Watch to learn the 5 legal grounds to contest a will and what won’t work. ⚖️

📞Troy, VA: (434) 589-2958

📞Powhatan, VA: (804) 598-1348

https://winget-hernandez.com/2025/06/11/can-siblings-contest-a-will

#estateplanning #contestedestate #virginialaw #inheritance #probate

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[Blog Post - AUG] How to Get Power of Attorney for a Parent With Mental Illness | Scheduled 8/25/2025

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[Blog Post - AUG] How to Get Power of Attorney for a Parent With Mental Illness | Scheduled 8/25/2025

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Caring for a parent with a serious mental health condition can be really challenging.

Family members often help with things like managing money, arranging medical care, and handling daily tasks. But without legal permission, there’s only so much you can do.

⬇️ In this article, we’ll walk you through how to get Power of Attorney for a parent with mental illness. We’ll explain the different types of POA, what Virginia law requires, and what your options are if your parent can’t give consent anymore.

https://winget-hernandez.com/2025/06/11/power-of-attorney-parent-with-mental-illness

#mentalillness #virginialaw #powerofattorney #legalhelp

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How to Get Power of Attorney for a Parent With Mental Illness - Commonwealth Life and Legacy Counsel

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Gaining Power of Attorney for a mentally ill parent can be complex—this guide explains your legal options in Virginia.

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[Testimonial Post - AUG] Unbiased Advice That Makes a Difference  | Scheduled 8/21/2025

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[Testimonial Post - AUG] Unbiased Advice That Makes a Difference  | Scheduled 8/21/2025

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At Commonwealth Life & Legacy Counsel, our team is committed to offering thoughtful, honest, and unbiased support. ⚖️

Thank you for trusting us.

📞Troy, VA: (434) 589-2958

📞Powhatan, VA: (804) 598-1348

https://winget-hernandez.com

#clientreview #legalcounsel #estateplan #virginialawfirm

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[Post - AUG]  Schedule of Assets: A Key Component of Effective Estate Planning | Scheduled 8/18/2025

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[Post - AUG]  Schedule of Assets: A Key Component of Effective Estate Planning | Scheduled 8/18/2025

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Estate planning involves more than just drafting a will.

A well-prepared Schedule of Assets offers a clear, organized view of your financial landscape, a valuable tool for:

🔍 Strategic financial planning
📉 Effective tax management

In Virginia, this document is a smart, strategic move.

Need help organizing your assets? Contact us.

📞Troy, VA: (434) 589-2958

📞Powhatan, VA: (804) 598-1348

https://winget-hernandez.com/virginia/schedule-of-assets

#estateplanning #scheduleofassets #virginialaw #assetmanagement

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[Post - AUG]  Can Siblings Contest a Will? | Scheduled 8/14/2025

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[Post - AUG]  Can Siblings Contest a Will? | Scheduled 8/14/2025

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Wondering if you can contest a will? Not everyone has the legal right. In Virginia, only “interested parties” can step into court.

Interested parties usually include:
• Named beneficiaries (family, friends, charities)
• People who’d inherit if the will is invalidated (spouses, children, siblings)

Sharing DNA alone isn’t enough. Distant relatives with no inheritance stake can’t challenge the will.

📞Troy, VA: (434) 589-2958

📞Powhatan, VA: (804) 598-1348

https://winget-hernandez.com/2025/06/11/can-siblings-contest-a-will

#estateplanning #will #virginialaw #inheritance #probate

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[NL Blog Post - AUG] Need Help with Probate? Our Guide to Estate Administration | Scheduled 8/11/2025

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[NL Blog Post - AUG] Need Help with Probate? Our Guide to Estate Administration | Scheduled 8/11/2025

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Losing someone you care about is never easy. On top of the grief, there’s the legal side often unfamiliar and full of questions.

Curious about what probate really involves and how to face it with more confidence? Read our blog post to get clear guidance.

https://winget-hernandez.com/2025/06/27/estate-administration-guide

#probatehelp #estateplanning #blog #probatelawyer

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Need Help with Probate? Our Guide to Estate Administration - Commonwealth Life and Legacy Counsel

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Navigating probate in Virginia? This guide explains the estate administration process and how to handle key responsibilities.

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[Post - AUG]  National Make-A-Will Month | Scheduled 8/7/2025

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[Post - AUG]  National Make-A-Will Month | Scheduled 8/7/2025

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August is National Make-A-Will Month, a good time to pause and think about the future.

Having a will is about making sure the people you care about are protected, and that your wishes are clear.

👉🏻 Schedule your consultation to start your will. We’re here to make the process straightforward and personal.

📞Troy, VA: (434) 589-2958

📞Powhatan, VA: (804) 598-1348

https://winget-hernandez.com/contact-us

#makeawillmonth #estateplanning #willandtrust

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[Reel Post - JULY] What Should Your Schedule of Assets Include? | Scheduled 7/30/2025 

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[Reel Post - JULY] What Should Your Schedule of Assets Include? | Scheduled 7/30/2025 

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Creating a thorough schedule of assets is key for managing your financial legacy.

🏡 From real estate to digital accounts, including liabilities and sentimental belongings makes sure nothing is overlooked. Take the time to document everything accurately, it’s a gift to your future and your loved ones.

Need help organizing your assets? Contact us today.

📞Troy, VA: (434) 589-2958

📞Powhatan, VA: (804) 598-1348

https://winget-hernandez.com/virginia/schedule-of-assets

#estateplanning #scheduleofassets #virginialaw #assets

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06.09.25 - Commonwealth Life & Legacy Counsel - What Should Your Schedule of Assets Include (1)

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[Carousel Post - JULY]  3 Benefits of a Pet Trust | Scheduled 7/24/2025 

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[Carousel Post - JULY]  3 Benefits of a Pet Trust | Scheduled 7/24/2025 

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Want to make sure your pet is protected no matter what? 🐶

Here are the key benefits of setting up a pet trust:

✅ Financial security
✅ Stress-free transition
✅ Legal protection

Give your pet the future they deserve.

📞Troy, VA: (434) 589-2958

📞Powhatan, VA: (804) 598-1348

https://winget-hernandez.com/virginia/pet-trusts

#trustlawyer #estateplanning #petlovers

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06.05.25 - Commonwealth Life & Legacy Counsel - 3 Benefits of a Pet Trust

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[Blog Post - JULY] Family Member Left Out of a Will: What Are Your Legal Options? | Scheduled 7/21/2025 

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[Blog Post - JULY] Family Member Left Out of a Will: What Are Your Legal Options? | Scheduled 7/21/2025 

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Left out of a loved one’s will? It can be shocking, especially during an emotional time. If you were expecting to be included, it’s normal to feel hurt, confused, or suspicious.

This blog covers your legal options, Virginia law on contested estates, and when to talk to a probate attorney. ⬇️

https://winget-hernandez.com/2025/05/08/family-member-left-out-of-will-legal-options

#estateplanning #virginialaw #legaltips #wills #blog

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Family Member Left Out of a Will: What Are Your Legal Options?

Being left out of a loved one's will can come as a shock, especially during an already emotional time. If you were expecting to be included and weren't, it's natural to feel hurt, confused, or even suspicious.

In this post, we'll walk through potential legal options for those excluded from a will, what Virginia law says about contested estates, and when it may be worth speaking with a probate attorney.

Initial Steps When Excluded from a Will

You might choose to consult with a probate attorney soon after. This professional can review potential legal routes and outline your rights. It also helps to assess the possible reason for your exclusion, although that can be difficult. Some folks are omitted by oversight, while others are left out due to events or fractured relationships. Clarity-where it's available-may guide your plan of action.

Below is a quick checklist to keep your approach organized:

Request the official will from the probate court or executor.

Consider contacting a lawyer who knows probate practice.

Reflect on possible reasons the testator did not include you.

Grounds for Contesting a Will in Virginia

In some cases, a will may be challenged if you have valid legal grounds and act within the required timeframe. A general sense of hurt feelings is not enough; there must be recognized legal causes. The state enforces strict guidelines to preserve each individual's right to leave property on their own terms. You'll need genuine evidence that improper circumstances shaped the will's contents.

Below is a table illustrating some frequent grounds for challenging a will, along with possible supporting evidence:

Lack of Testamentary Capacity

Sufficient proof often involves medical analyses, statements from caregivers, or evidence that the person's mental state was shaky at the time of signing. Timing matters. For instance, an older adult might have experienced lucid days punctuated by confusion, so you'd need to show the testator was impaired when the will took shape.

Undue Influence

Undue influence occurs when a person pushes a testator to include or exclude certain beneficiaries in an unfair manner. This may happen if the testator relies heavily on someone who controls their interactions, finances, or medication. Isolation is sometimes involved, especially if other loved ones cannot independently communicate with the testator.

Signs might include swift changes to a will soon after a new relationship is formed, large gifts to caretakers who had unusual power in the individual's life, or intimidation disguised as caregiving. Witness accounts or authenticated records of intimidation may be relevant in such disputes.

Fraud arises when the testator is deceived while shaping their will. In other words, the person forging the signature or presenting phony details influences the final instructions. Sometimes the scam involves telling the testator a falsehood to sway a bequest. In other instances, it might be forging the entire document.

A legal challenge based on fraud usually requires solid evidence, such as forensic analysis or statements by those who noticed suspicious acts. Courts treat these cases seriously, since the entire will can be invalidated if the fraud is confirmed.

Improper Execution

While small mistakes don't always void a will, major deviations in format or the witnessing process can be grounds to suspend its authority. Each detail of how the document was executed matters, so gather any relevant paperwork to see if oversights occurred.

Rights of a Surviving Spouse in Virginia

Virginia law offers practical protections to spouses who discover they have been disinherited. Regardless of the will instructions, a surviving spouse can claim certain legal benefits to guard against total exclusion. Viewing these rights helps you are entitled to receive a portion of your spouse's estate.

Elective Share

For example, if a husband passes away, leaving an estate that tries to give all property to a sibling, the surviving wife can still invoke her elective share. She might ask for half of the augmented estate if that is the proper fraction. Familiarity with these rules is key to ensuring a fair chance at spousal inheritance.

Exempt Property and Family Allowance

Disinheritance of Children and Other Family Members

Unlike spouses, children in Virginia do not enjoy sweeping legal protections from exclusion. Parents can decide to omit one child and still leave an inheritance to others. If the parents' wills are drafted carefully, siblings may receive unequal shares, or some may receive none. A child can attempt to challenge this on the grounds mentioned above, such as testamentary incapacity or undue influence.

Clarity in the language is vital for valid disinheritance. Most attorneys suggest stating the intention to exclude a child by name rather than omitting that child's name altogether. This avoids arguments that the child was simply overlooked. If a parent is certain about disinheritance, it is wise to confirm it in writing with precise wording.

Other relatives-like siblings or cousins-lack guaranteed rights to a share of the estate. Disinheritance is lawful unless the family member is otherwise protected under specific spousal or dependent statutes. Still, a potential legal fight may unfold if that relative suspects wrongdoing in the will's creation.

The Probate Litigation Process

1. Filing a lawsuit: You must submit a formal complaint to the courthouse, stating that the will is void based on one or more recognized grounds.

2. Gathering evidence: This includes medical evaluations, sworn statements, financial documents, or any other proof supporting your position.

3. Settlement discussions: In some cases, both sides prefer to resolve the matter privately without a trial, particularly if litigation costs and delays might deplete estate resources.

4. Trial: If parties do not settle, a probate judge (or jury, in some instances) weighs the evidence and decides whether to uphold or throw out the will.

5. Outcome of the dispute: If the court deems the will invalid, the estate may pass under a prior will or under state law if no older will exists.

This process might stretch on if multiple parties come forward with competing claims. An experienced attorney can outline the obligations and deadlines to keep your case on track.

Alternative Methods for Passing on Assets

Although wills shape much of estate planning , there are ways to direct property outside of these formal instructions. Such methods reduce the chance of probate disputes and speed up asset transfers. Some folks rely on beneficiary designations or to ensure certain heirs receive property automatically.

Beneficiary designations

Retirement accounts, life insurance policies, and transfer-on-death accounts can bypass probate. The named beneficiary is usually entitled to the asset, independent of the will. This method can remove confusion later, assuming all records remain accurate and current.

Living trusts

Secure Your Family's Future with Thoughtful Estate Planning

Handling estate matters after a loss can feel overwhelming, but you don't have to do it alone. At Commonwealth Life and Legacy Counsel , we offer clear, compassionate guidance to help you make informed choices. Call us in Central Virginia at 434-589-2958 or in Powhatan at 804-598-1348 , email info@winget-hernandez.com , or visit our page. We're here to help you create a plan that honors your loved one and secures your family's future.

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Family Member Left Out of a Will: What Are Your Legal Options? - Commonwealth Life and Legacy Counsel

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Discover what rights you may have if you were excluded from a will-and how Virginia law handles will contests and disputes.

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[Post - JULY] Smart Estate Planning Starts with a List | Scheduled 7/17/2025 

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[Post - JULY] Smart Estate Planning Starts with a List | Scheduled 7/17/2025 

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Your will isn’t enough. A Schedule of Assets helps your loved ones avoid a difficult search.

🏡 Real estate
💍 Personal property
📈 Investments
💳 Debts

All clearly listed, all in one place.

It offers clarity and confidence, one of the smartest moves in Virginia estate planning. ✔️

📞Troy, VA: (434) 589-2958

📞Powhatan, VA: (804) 598-1348

https://winget-hernandez.com/virginia/schedule-of-assets

#estatetips #estateplanning #scheduleofassets #estatelawyer

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06.05.25 - Commonwealth Life & Legacy Counsel - Smart Estate Planning Starts with a List

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[Testimonial Post - JULY]  A True Gift to Our Community in Powhatan | Scheduled 7/14/2025

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[Testimonial Post - JULY]  A True Gift to Our Community in Powhatan | Scheduled 7/14/2025

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We’re deeply grateful for this kind review. 💬

Our commitment to knowledge, care, professionalism, and compassion continues to make an impact and it's clients like you who make it all worthwhile.

Thank you for trusting our team. We’re proud to serve the Powhatan community.

📞Troy, VA: (434) 589-2958

📞Powhatan, VA: (804) 598-1348

https://winget-hernandez.com

#clientreview #legalcounsel #estateplan #virginialawfirm

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06.05.25  - Commonwealth Life & Legacy Counsel - A True Gift to Our Community in Powhatan

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[Post - JULY] Who Will Care for Your Pet If You Can’t? A Pet Trust Is the Answer | Scheduled 7/10/2025

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[Post - JULY] Who Will Care for Your Pet If You Can’t? A Pet Trust Is the Answer | Scheduled 7/10/2025

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Your pet depends on you for everything: food, love, routine. But what if you’re no longer around? 🐕

A pet trust allows you to legally set aside funds and give detailed care instructions for your pet’s future. Whether it’s vet visits, favorite food, or even finding a loving new home, a pet trust covers it all. 📃

Plan today so your pet is never left behind.

📞Troy, VA: (434) 589-2958

📞Powhatan, VA: (804) 598-1348

https://winget-hernandez.com/virginia/pet-trusts

#pettrust #petprotection #estateplanning #estateplan #pet

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06.05.25 - Commonwealth Life & Legacy Counsel - Who Will Care for Your Pet If You Can’t 

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[NL Blog Post - JULY] What Happens to Your Assets After You’re Gone? Secure Your Legacy Today | Scheduled 7/7/2025

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[NL Blog Post - JULY] What Happens to Your Assets After You’re Gone? Secure Your Legacy Today | Scheduled 7/7/2025

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If something happened to you tomorrow, who would receive your home, your savings, or even the contents of your garage? These aren’t easy questions, but they matter, especially if you want to make sure your wishes are followed. 📝

Let’s take a closer look at how that works and how you can take control. ⬇️

https://winget-hernandez.com/2025/05/29/what-happens-to-assets-after-death

#estateplanning #wills #trusts #financialplanning #blog #commonwealth

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What Happens to Your Assets After You’re Gone? Secure Your Legacy Today - Commonwealth Life and Legacy Counsel

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Learn how wills, trusts, and beneficiary designations shape what happens to your assets—and how to plan wisely in Virginia.

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[Post - JULY] Happy 4th of July | Scheduled 7/4/2025

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[Post - JULY] Happy 4th of July | Scheduled 7/4/2025

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Happy Independence Day 🎆

Today, we honor the courage, vision, and determination that shaped our nation's independence. As we celebrate with family and friends, may we also reflect on the values of freedom and responsibility that guide us all.

From all of us, we wish you a safe, joyful, and meaningful 4th of July. 🗽

https://winget-hernandez.com

#fourthofjuly #independenceday #4thofjuly

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06.05.25 - Commonwealth Life & Legacy Counsel - Independece Day

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[Post - JUNE] Take Control of Your Healthcare Decisions  | Scheduled 6/30/2025

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[Post - JUNE] Take Control of Your Healthcare Decisions  | Scheduled 6/30/2025

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None of us want to imagine a medical crisis, but being prepared can bring clarity when it matters most.

A Living Will helps guide doctors if you're unable to communicate and are facing end-of-life decisions like whether to be kept on life support when recovery is no longer possible.

👨‍⚕️ Supports your care team and loved ones in honoring your wishes.
🛡️ Helps reduce confusion, stress, and potential conflict during a difficult time.

It's a meaningful way to express your values, both for yourself and the people who care about you.

📞Troy, VA: (434) 589-2958

📞Powhatan, VA: (804) 598-1348

https://winget-hernandez.com/virginia/advance-medical-directive-living-will

#livingwill #virginialaw #advancecareplanning #estateplanning

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05.06.25 - Commonwealth Life & Legacy Counsel - Take Control of Your Healthcare Decisions 

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[NL Blog Post - JUNE] What is a Special Needs Trust? Learn About Its Benefits | Scheduled 6/25/2025

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[NL Blog Post - JUNE] What is a Special Needs Trust? Learn About Its Benefits | Scheduled 6/25/2025

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How will your loved one with special needs be cared for when you're no longer here?

It’s a question we hear often, and the good news is there are ways to plan ahead with peace of mind. A Special Needs Trust can protect vital government benefits while providing long-term support and financial stability. 🛡️

At Commonwealth Life & Legacy Counsel, we help Virginia families build plans that honor their loved ones’ needs and ensure their well-being for the future.

📖 Visit our latest blog to learn how a Special Needs Trust works and which type may be right for your family.

https://winget-hernandez.com/2025/04/20/special-needs-trust/

#specialneedstrust #estateplanning #disabilityplanning #virginialaw #blog

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What is a Special Needs Trust? Learn About Its Benefits - Commonwealth Life and Legacy Counsel

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A Special Needs Trust can protect benefits and provide long-term support. Learn how it works and why it matters for Virginia families.

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[Reel Post - JUNE]  Life Is Change. Estate Planning Is How We Prepare For It With Care, Intention, And Love. | Scheduled 6/19/2025

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[Reel Post - JUNE]  Life Is Change. Estate Planning Is How We Prepare For It With Care, Intention, And Love. | Scheduled 6/19/2025

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At Commonwealth Life & Legacy Counsel, our mission is to help you pass on your legacy, your values, and your vision for the future while minimizing family conflict and avoiding unnecessary outside interference.

Let’s make sure your story is told the way you want it to be. 🫱🏻‍🫲🏼

📞Troy, VA: (434) 589-2958

📞Powhatan, VA: (804) 598-1348

https://winget-hernandez.com

#estateplanning #estateplanningattorney #legacy #estateplanninglaw

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05.06.25 - Commonwealth Life & Legacy Counsel - Life Is Change

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[Carousel Post - JUNE] 7 Assets That Typically Avoid Probate in Virginia | Scheduled 6/16/2025 - 6/23/2025

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[Carousel Post - JUNE] 7 Assets That Typically Avoid Probate in Virginia | Scheduled 6/16/2025 - 6/23/2025

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Did you know some assets don’t need to go through probate in Virginia? That means a faster transition for your loved ones.

These assets typically pass automatically to the next person by law, no court permission needed. ⚖️

Planning ahead can save your family time, stress, and money. 📜

📞Troy, VA: (434) 589-2958

📞Powhatan, VA: (804) 598-1348

https://winget-hernandez.com/2025/04/14/assets-exempt-from-probate

#estateplanning #probate #virginialaw #assets #estateplan

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05.06.25 - Commonwealth Life & Legacy Counsel - 7 Assets That Typically Avoid Probate  in Virginia

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[Blog Post - JUNE] Transferring Assets to a Living Trust: A Smooth Process | Scheduled 6/12/2025

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[Blog Post - JUNE] Transferring Assets to a Living Trust: A Smooth Process | Scheduled 6/12/2025

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Creating a living trust is a smart step, but it’s only effective if properly funded. ✅ Many people overlook the important process of transferring assets into the trust, which can lead to unnecessary delays or probate down the line.

In this article, we’ll explain how to transfer assets into a living trust, why it matters, and how to avoid common pitfalls so your plan works exactly as intended when your loved ones inherit. 📜

https://winget-hernandez.com/2025/05/08/transferring-assets-to-living-trust

#livingtrust #estateplanning #virginialaw #trustfunding
#probate #blog

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Transferring Assets to a Living Trust: A Smooth Process - Commonwealth Life and Legacy Counsel

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Learn how to transfer assets into a living trust and why it’s a key step in protecting your estate in Virginia.

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[Post - JUNE] What Is Probate in Virginia? | Scheduled 6/9/2025

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[Post - JUNE] What Is Probate in Virginia? | Scheduled 6/9/2025

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In Virginia, probate is the legal process of gathering a deceased person’s assets, paying final expenses, and distributing what’s left to the rightful heirs. ⚖️

Planning ahead can save your family time, money, and stress. 📘

📞Troy, VA: (434) 589-2958

📞Powhatan, VA: (804) 598-1348

https://winget-hernandez.com/2025/04/14/assets-exempt-from-probate

#virginiaprobate #estateplanning #legalhelp #probate

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05.06.25 - Commonwealth Life & Legacy Counsel - What Is Probate in Virginia

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[Testimonial Post - JUNE]  A Reliable Team When You Need It Most | Scheduled 6/5/2025

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[Testimonial Post - JUNE]  A Reliable Team When You Need It Most | Scheduled 6/5/2025

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We’re incredibly grateful for our clients and the trust they place in us.

Our friendly staff, fast turnaround, and thorough approach are here to guide you through even the most sensitive and stressful times. ⚖️

Thank you for choosing us.

📞Troy, VA: (434) 589-2958

📞Powhatan, VA: (804) 598-1348

https://winget-hernandez.com

#clientreview #legalcounsel #estateplan #virginialawfirm

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05.05.25  - Commonwealth Life & Legacy Counsel - A Reliable Team When You Need It Most

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[FAQ Post - JUNE] Do Hospitals Honor Out-of-State Directives? | Scheduled 6/2/2025

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[FAQ Post - JUNE] Do Hospitals Honor Out-of-State Directives? | Scheduled 6/2/2025

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Good news! Virginia hospitals typically honor advance directives from other states as long as they meet Virginia’s legal requirements. ✅

💡 Tip: Before traveling, double-check that your directive is up-to-date and aligns with Virginia law.

https://winget-hernandez.com/virginia/advance-medical-directive-living-will

#advancedirectives #healthcareplanning #virginialaw

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05.06.25- Commonwealth Life &  Legacy Counsel - Do Hospitals Honor Out-of-State Directives

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[NL Blog Post - MAY] Do You Have a Will? Why It’s Essential for Everyone | Scheduled 5/28/2025

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[NL Blog Post - MAY] Do You Have a Will? Why It’s Essential for Everyone | Scheduled 5/28/2025

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Many people in Central Virginia delay creating a will, thinking it's only for the wealthy or elderly.

In reality, a will guarantees your wishes are honored and appoints someone to handle probate without unnecessary costs or conflict. 📝Without one, Virginia law decides who gets your assets, and the process can be costly and stressful for your family.💰

💡To learn more about why having a will is so important and how it can protect your family, read our blog now.

https://winget-hernandez.com/2025/03/31/importance-of-will

#virginialaw #wills #estateplanning #probate #blog

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Do You Have a Will? Why It’s Essential for Everyone - Commonwealth Life and Legacy Counsel

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Discover why having a will matters—no matter your age or assets. Learn how it protects your loved ones and secures your wishes.

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[Post - MAY] Simplify Your Estate Plan with a Clear Asset Schedule | Scheduled 5/22/2025

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[Post - MAY] Simplify Your Estate Plan with a Clear Asset Schedule | Scheduled 5/22/2025

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Having a clear list of your assets does more than just make inheritance easier, it also plays a huge role in planning for taxes and protecting your financial future. 🏡💰

Start organizing your wealth today.

📞Troy, VA: (434) 589-2958

📞Powhatan, VA: (804) 598-1348

https://winget-hernandez.com/virginia/schedule-of-assets

#estateplanning #financialplanning #scheduleofassets #virginia

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04.01.25 - Commonwealth Life & Counsel - Simplify Your Estate Plan with  a Clear Asset Schedule

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[Blog Post - MAY] Simplifying Probate in Virginia: The Small Estate Affidavit | Scheduled 5/19/2025 

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[Blog Post - MAY] Simplifying Probate in Virginia: The Small Estate Affidavit | Scheduled 5/19/2025 

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📑Probate can feel like a maze of rules and paperwork, adding stress to an already difficult time. Thankfully, Virginia offers a way to simplify the process for smaller estates: the Small Estate Affidavit. 📜🏡

📅 Whether managing a loved one’s estate or planning ahead, this guide covers everything you need to know about Virginia’s Small Estate Affidavit. 👇

https://winget-hernandez.com/2025/01/23/small-estate-affidavit

#probate #smallestateaffidavit #virginiaestate #estateplanning #estateadministration #probateprocess

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Simplifying Probate in Virginia: The Small Estate Affidavit - Commonwealth Life and Legacy Counsel

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Probate can feel like a maze of rules and paperwork, adding stress to an already difficult time. Thankfully, Virginia offers a way to simplify the process for smaller estates: the Small Estate Affidavit. At Commonwealth Life & Legacy Counsel, we’ve helped many families in Central Virginia find solutions for probate […]

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[Testimonial Post - MAY] A Patriot to Her Profession | Scheduled 5/14/2025 

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[Testimonial Post - MAY] A Patriot to Her Profession | Scheduled 5/14/2025 

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We are beyond grateful for the kind words from our wonderful clients.

We’re proud to have supported clients in a variety of legal matters, including special needs planning. 🤝 Every case is unique, and we’re here to guide you with care and knowledge.

Thank you for trusting us.

📞Troy, VA: (434) 589-2958

📞Powhatan, VA: (804) 598-1348

https://winget-hernandez.com

#clientcare #specialneedsplanning #legalsupport #estateplan #specialneeds

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03.28.25  - Commonwealth Life & Legacy Counsel - A Patriot to His Profession (2)

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[Post - MAY 11] Mother’s Day  | Scheduled 5/11/2025

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[Post - MAY 11] Mother’s Day  | Scheduled 5/11/2025

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Cheers to the women who do it all with grace and love. 🌷

Happy Mother’s Day! 💖

https://winget-hernandez.com

#happymothersday #estateplanning #mothersday

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03.28.25 - Commonwealth Life & Legacy Counsel - Happy Mother's Day

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[Post - MAY] The Power of a Revocable Trust: Skipping the Probate Process | Scheduled 5/5/2025

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[Post - MAY] The Power of a Revocable Trust: Skipping the Probate Process | Scheduled 5/5/2025

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Did you know a revocable trust can help you bypass the probate process and keep your estate private? 📜

With a revocable trust, your assets pass directly to your beneficiaries without court involvement.

👨‍👩‍👧‍👦 Ready to protect your legacy?

📞Troy, VA: (434) 589-2958

📞Powhatan, VA: (804) 598-1348

https://winget-hernandez.com/virginia/revocable-trust

#estateplanning #revocabletrust #probate #legaltips

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04.01.25 - Commonwealth Life & Legacy Counsel - The Power of a Revocable Trust

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[Blog Post - MAY] When Do Grandchildren Inherit in Virginia? | Scheduled 5/1/2025

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[Blog Post - MAY] When Do Grandchildren Inherit in Virginia? | Scheduled 5/1/2025

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Planning for the future of our loved ones is a priority for many of us, and making sure that your grandchildren are well-cared for is often part of that vision. 👨‍👩‍👧‍👦

In this blog, we’re looking closely at a common question that arises in estate planning—how and when grandchildren inherit in Virginia. 📝🔑

👉 Read the full article to learn more:

https://winget-hernandez.com/2025/01/31/inheritence-grandchildren

#estateplanning #grandchildren #virginialaw #legacy #blog

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When Do Grandchildren Inherit in Virginia? - Commonwealth Life and Legacy Counsel

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Planning for the future of our loved ones is a priority for many of us and ensuring that your grandchildren are well-cared for is often part of that vision. At Commonwealth Life and Legacy Counsel, Michael and Lelia Winget-Hernandez have spent years guiding families in Central Virginia, through the process […]

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[Post - MAY] Elder Law Month **CANCELED**

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[Post - MAY] Elder Law Month **CANCELED**

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As we get older, planning for the future becomes more important than ever. 🌱 Elder law is about protecting your rights, your health, and the people you love. ❤️

From setting up healthcare directives to planning for long-term care, taking these steps today can give you peace of mind tomorrow. 🏡💫

It’s never too early to start thinking about your future. 💭

https://winget-hernandez.com/virginia/elder-law

#elderlaw #estateplanning #seniorcare #healthcareplanning

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04.01.25 - Commonwealth Life & Legacy Counsel - May Elder Law Month

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[Post - APRIL] Did You Know?  | Scheduled 4/28/2025 

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[Post - APRIL] Did You Know?  | Scheduled 4/28/2025 

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In estate planning, a trust is a key tool for managing and protecting assets. 🏠 In Central Virginia, property owners can use a unique option: the certificate of trust. 📜

A certificate of trust is a legal document that proves a trust exists without revealing its full details. 🔐 It allows property transfers into a trust while maintaining privacy.

For more information or assistance, contact us today.

📞Troy, VA: (434) 589-2958

📞Powhatan, VA: (804) 598-1348

https://winget-hernandez.com/virginia/certification-of-trust

#trusts #centralvirginia #propertylaw #certificatesoftrust #privacyprotection #legaldocuments #assetprotection

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03.10.25 - Commonwealth Life &  Legacy Counsel - Did You Know

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[Testimonial Post - APRIL] Reasons Our Clients Trust Us | Scheduled 4/24/2025

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[Testimonial Post - APRIL] Reasons Our Clients Trust Us | Scheduled 4/24/2025

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We’re so grateful to have been able to help a wonderful client through a challenging situation. 💼

Our dedicated team took the time to fully explain all the legal aspects, making the process much easier to manage.

Thank you for trusting us.🌟

📞Troy, VA: (434) 589-2958

📞Powhatan, VA: (804) 598-1348

https://winget-hernandez.com

#customerappreciation #happyclients #supportivecare #estateplan #virginialawfirm

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03.10.25 - Commonwealth Life & Legacy Counsel - Why Our Clients Choose Us

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[Reel Post - APRIL]  Meet Michael Winget-Hernandez: Your Advocate in Estate Planning | Scheduled 4/21/2025

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[Reel Post - APRIL]  Meet Michael Winget-Hernandez: Your Advocate in Estate Planning | Scheduled 4/21/2025

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Meet Michael Winget-Hernandez. 💼 A passionate advocate who’s here to bring you comfort and security.

With years of experience in estate planning and elder law, Michael is dedicated to guiding clients through tricky legal matters with care and skill.

💡Teaming up with Lelia, Michael brings the unique advantage of two talented attorneys who truly understand both the ins and outs of litigation and the importance of compassionate client care. 🤝

You can count on Michael to deliver the results you deserve. Lean more about him:

https://winget-hernandez.com/michael-winget-hernandez

#estateplanning #ourteam #estateplanninglawyer #elderlaw #specialneeds #meettheteam #legalprofession

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Copia de 02.27.25 - Commonwealth  Life & Legacy Counsel - Meet Michael Winget-Hernandez

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[Blog Post - APRIL] Transfer on Death Deed or Trust in Virginia: Which Is Right for You? | Scheduled 4/17/2025

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[Blog Post - APRIL] Transfer on Death Deed or Trust in Virginia: Which Is Right for You? | Scheduled 4/17/2025

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In Virginia, two common tools for estate planning are Transfer on Death (TOD) deeds and trusts, both designed to help your assets avoid probate. 🏡💡

By sidestepping probate, you can save your beneficiaries time, money, and stress. ⏳💰

👉 Read our blog and let’s look at these options to help you decide which is best for your needs.

https://winget-hernandez.com/2025/02/18/transfer-on-death-vs-trust

#estateplanning #virginiaestateplanning #transferondeath #trusts #avoidprobate

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Transfer on Death Deed vs. Trust in Virginia: Which Is Right for You? - Commonwealth Life and Legacy Counsel

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Avoid Virginia probate with a Transfer on Death Deed or trust. Learn which option best protects your assets and beneficiaries. Call today for estate planning help!

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Transfer on Death Deed or Trust in Virginia: Which Is Right for You?

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[Post - APRIL]  Plan Ahead: Who Will Speak for You When You Can't? | Scheduled 4/11/2025

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[Post - APRIL]  Plan Ahead: Who Will Speak for You When You Can't? | Scheduled 4/11/2025

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Nobody likes to think about becoming disabled, but it's better to plan for the worst than to be caught unprepared. 📝

👥 With a Durable Power of Attorney (POA) and a Virginia Advance Directive, you can:
✔️ Choose someone to handle your finances and personal matters
✔️ Designate a healthcare proxy to make medical decisions

Take control of your future—contact us today.

📞Troy, VA: (434) 589-2958

📞Powhatan, VA: (804) 598-1348

https://winget-hernandez.com/virginia/elder-law

#advancecareplanning #livingwell #disabilityprevention #POA #powerofattorney #virginialawfirm

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03.10.25 - Commonwealth Life & Legacy Counsel - Plan Ahead Who Will Speak for You When You Can't 

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[Post - APRIL] Quote | Scheduled 4/10/2025

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[Post - APRIL] Quote | Scheduled 4/10/2025

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At the heart of what we do, it’s more than just legal services, it’s about providing families with the support and comfort they deserve, both now and in the future. 🌱🤝

Our goal is to equip you with the tools to protect your loved ones and give you lasting peace of mind. After all, your family’s security is invaluable. 🏠

📞Troy, VA: (434) 589-2958

📞Powhatan, VA: (804) 598-1348

https://winget-hernandez.com

#estateplanning #elderlaw #legacycare #estateplanninglaw

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03.10.25 - Commonwealth Life & Legacy Counsel - Quote (1)

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[Post - APRIL] Preparing for Medicaid: Start Planning Early | Scheduled 4/7/2025

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[Post - APRIL] Preparing for Medicaid: Start Planning Early | Scheduled 4/7/2025

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Virginia has a 5-year look-back period for Medicaid eligibility, meaning any transfers or asset changes made within that time could impact your ability to qualify.⚖️

To protect your assets and make sure you meet the eligibility requirements when the time comes, it’s important to start planning early 📅, whether that means setting up trusts or exploring other strategies.💡

Don't wait until it's too late—start planning now. Schedule a consultation today.

📞Troy, VA: (434) 589-2958

📞Powhatan, VA: (804) 598-1348

https://winget-hernandez.com/virginia/elder-law

#medicaidplanning #assetprotection #elderlaw #virginiaseniors #longtermcareplanning #estateplanning

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03.11.25 - Commonwealth Life & Legacy Counsel - Preparing for Medicaid Start Planning Early

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[Blog Post - APRIL] What Is a Bloodline Trust and How Does It Work? | Scheduled 4/3/2025

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[Blog Post - APRIL] What Is a Bloodline Trust and How Does It Work? | Scheduled 4/3/2025

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Imagine spending your life building financial security, only to see it lost to creditors, lawsuits, or even a future divorce in your family. 💼⚖️

A bloodline trust helps prevent that. It guarantees legal certainty your wealth benefits your children, grandchildren, and future descendants. 👨‍👩‍👧‍👦

👉 Read our blog to learn more about bloodline trusts and how you can protect your family's future today. 📖

https://winget-hernandez.com/2025/02/17/bloodline-trust

#bloodlinetrust #estateplanning #virginiafamilies #financialsecurity #blog

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What Is a Bloodline Trust and How Does It Work?

Imagine spending your life building financial security, only to see it lost to creditors, lawsuits, or even a future divorce in your family. A Bloodline Trust helps prevent that. It ensures your wealth benefits your children, grandchildren, and future descendants.

At Commonwealth Life & Legacy Counsel, we help Virginia families safeguard their legacies through well-structured estate plans, including Bloodline Trusts.

Let's go over what a Bloodline Trust is, how it works, and whether it's right for you.

What Are Bloodline Trusts in Virginia?

A Bloodline Trust, sometimes called a Dynasty Trust, is designed to protect and preserve family wealth for direct descendants-children, grandchildren, and beyond. This means assets stay within the family and are not affected by divorce, lawsuits, or outside claims.

This type of trust is a fiduciary agreement, meaning a Trustee manages the assets on behalf of the beneficiaries. The Trustee follows specific instructions set by the Grantor (the person who created the trust), ensuring wealth is distributed according to their wishes.

One of the biggest advantages of a Bloodline Trust is that it avoids probate-the lengthy and costly court process of distributing someone's assets after their death. By keeping assets in the trust, families can save time, reduce legal fees, and minimize potential disputes.

Unlike a traditional inheritance, a Bloodline Trust allows the Grantor to control how and when beneficiaries receive their inheritance, ensuring financial security for generations.

Main Features of a Bloodline Trust

A Bloodline Trust helps secure family wealth by offering flexibility during the Grantor's lifetime and strong protections after their passing. Here are its key features:

Revocability and Irrevocability

While the Grantor is alive, they can modify or revoke the trust as circumstances change. This allows for adjustments due to financial shifts or family needs.

Upon the Grantor's death, the trust becomes irrevocable, ensuring that assets are distributed according to the original plan. This prevents changes that could undermine the trust's long-term protection.

Asset Protection

A Bloodline Trust shields assets from creditors, lawsuits, and divorce settlements. Because the trust-not the beneficiary-owns the assets, they generally cannot be seized in legal disputes.

For example, if a beneficiary faces a lawsuit or divorce, their inheritance remains protected. This ensures that wealth stays within the family.

Beneficiary Control

The Grantor can decide how much control beneficiaries have over their inheritance. Beneficiaries can be named as Trustees, allowing them to manage distributions responsibly while following the trust's guidelines.

This approach fosters financial responsibility while keeping assets protected for future generations.

Trustee Appointment and Removal

The Grantor can appoint a family member, a professional Trustee, or both to manage the trust.

A removal provision can also be included-automatically replacing a Trustee in cases like divorce or legal trouble. This ensures continued protection and oversight of the trust assets.

Benefits of a Bloodline Trust in Virginia

A Bloodline Trust offers long-term protection and control over your family's wealth, ensuring assets remain secure and benefit only your direct descendants. Here's how it helps:

Comprehensive Asset Protection

A Bloodline Trust shields assets from creditors, lawsuits, and divorce settlements. Since the trust-not the individual beneficiary-holds the assets, they are typically out of reach in legal disputes.

For example:

If a beneficiary is sued, trust assets remain protected.

If a child goes through a divorce, their inheritance isn't divided in a settlement.

If a beneficiary has debt, creditors can't seize funds from the trust.

This ensures that family wealth stays intact and benefits future generations as intended.

Generational Wealth Transfer

Without a trust, inherited assets could leave the family due to remarriage, divorce, or poor financial decisions. A Bloodline Trust ensures assets pass only to direct descendants, keeping wealth within the family.

For instance, if your child passes away, their share of the inheritance will go to your grandchildren rather than to a spouse who may later remarry. This structure prevents outside influences from affecting the legacy you leave behind.

Flexibility and Control

A Bloodline Trust allows customized inheritance plans to fit family needs.

Some options include:

Gradual distributions instead of lump sums to prevent reckless spending.

Spendthrift provisions to protect beneficiaries from poor financial decisions.

Special needs provisions to provide for disabled beneficiaries without affecting government benefits.

Because the trust can be revocable during your lifetime, you can adjust its terms if circumstances change.

Tax Advantages

For larger estates, a Bloodline Trust can help minimize estate and generation-skipping transfer taxes.

By structuring the trust properly, families can reduce tax burdens, ensuring more of their wealth passes to future generations instead of going to the government.

This can be especially beneficial for those with significant assets looking to maximize long-term financial security.

Is a Bloodline Trust Right for You?

A Bloodline Trust can be a powerful tool for protecting family wealth, but it's not for everyone. Whether it's the right choice depends on your specific goals and family circumstances.

Consider these factors:

Family Structure: If you have children, grandchildren, or blended family dynamics, a Bloodline Trust ensures assets stay within your direct lineage.

Financial Goals: If you want to protect your wealth from outside claims while controlling how it's distributed, this type of trust can help.

Control Preferences: If you'd like the option to adjust the trust during your lifetime, you can set it up as revocable until it becomes permanent after your passing.

If maintaining long-term financial security for your family is a priority, a Bloodline Trust may be the right solution for you.

Contact Commonwealth Life & Legacy Counsel Today

If you're in Virginia and want to learn whether a Bloodline Trust is right for your family, we can help. At Commonwealth Life & Legacy Counsel, we focus on creating estate plans that protect what matters most.

Call us today at (434) 589-2958 (Central Virginia) or (804) 598-1348 (Powhatan), or visit our website to schedule a consultation.

Your family's financial future is too important to leave to chance. Let's make sure your legacy is secure for generations to come.

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What Is a Bloodline Trust and How Does It Work? - Commonwealth Life & Legacy Counsel

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Want to secure your children's inheritance? A Bloodline Trust shields assets from legal threats while allowing controlled distributions-contact us now.

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[Post - MARCH 19 ] Keep Your Estate Private with a Trust | Scheduled 3/31/2025

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[Post - MARCH 19 ] Keep Your Estate Private with a Trust | Scheduled 3/31/2025

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Unlike a will, which becomes a public document upon death, a trust supports your estate and remains private.

The details of your assets, beneficiaries, and distribution plans are kept confidential, giving you peace of mind knowing your family's privacy is protected. 🛡️

Trusts are a powerful tool for maintaining privacy and avoiding public scrutiny. 🕵️‍♂️

📞Troy, VA: (434) 589-2958

📞Powhatan, VA: (804) 598-1348

https://winget-hernandez.com/virginia/trust-lawyer

#privacyprotection #trusts #virginiaestateplanning #estateplanning #estateplanninglawyer

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02.27.25 - Commonwealth Life & Legacy Counsel - Keep Your Estate Private with a Trust

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[Post - MARCH] Why Consider a Pour Over Will for Your Estate? | Scheduled 3/26/2025

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[Post - MARCH] Why Consider a Pour Over Will for Your Estate? | Scheduled 3/26/2025

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🔑 A pour over will adds a layer of security to your estate planning by making sure that any overlooked assets are included in your trust. It also protects your privacy, as the terms of the trust are not made public. 🛡️

Want to make sure your estate plan is complete and secure? Contact us to discuss how a pour over will can benefit you.

📞Troy, VA: (434) 589-2958

📞Powhatan, VA: (804) 598-1348

https://winget-hernandez.com/virginia/pour-over-will

#estateplanning #centralvirginia #pouroverwill #trustandwill #legalcounsel

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02.27.25 - Commonwealth Life & Legacy Counsel - Why Consider a Pour Over Will for Your Estate

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[Reel Post - MARCH]  Meet Lelia Winget-Hernandez: Bringing Experience & Heart to Your Case | Scheduled 3/24/2025

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[Reel Post - MARCH]  Meet Lelia Winget-Hernandez: Bringing Experience & Heart to Your Case | Scheduled 3/24/2025

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Meet Lelia Winget-Hernandez 💖 A lawyer who truly cares.

From litigation to elder law and special needs advocacy, Lelia has the experience to protect what matters most.

She's a certified elder law attorney and a certified yoga instructor.🧘‍♀️

Lelia’s mission is simple: provide compassionate, personal legal care while making you feel heard and supported. 🌟

Learn more about her professional journey here:

https://winget-hernandez.com/lelia-winget-hernandez

#estateplanning #ourteam #estateplanninglawyer #elderlaw #specialneeds #meettheteam

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02.27.25 - Commonwealth  Life & Legacy Counsel - Meet Lelia Winget-Hernandez Bringing Experience & Heart to Your Case

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[Blog Post - MARCH] Obtaining Power of Attorney for an Incapacitated Person | Scheduled 3/17/2025

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[Blog Post - MARCH] Obtaining Power of Attorney for an Incapacitated Person | Scheduled 3/17/2025

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A sudden illness, accident, or stroke can leave you unable to make decisions but without a Power of Attorney (POA) in place, no one can automatically step in to help. ⚠️

💸 Bills go unpaid, medical care gets delayed, and families face legal battles just to gain control of the situation. ⚖️

📝 In this blog, we’ll explain why this document is important and what happens if you don’t have one before incapacity strikes.

https://winget-hernandez.com/2025/02/14/power-of-attorney-for-incapacitated

#powerofattorney #legalhelp #virginia #estateplanning #legaltips

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Power of Attorney for an Incapacitated Person – Commonwealth Life & Legacy Counsel

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A Power of Attorney ensures your loved ones can manage finances and medical care if you become incapacitated. Call Us to protect your future.

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[Testimonial Post - MARCH] Why Our Clients Choose Us | Scheduled 3/13/2025

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[Testimonial Post - MARCH] Why Our Clients Choose Us | Scheduled 3/13/2025

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We're so grateful for our amazing clients.

Our team is not only knowledgeable but also compassionate, always treating everyone with fairness and integrity. 🤝 Thank you for trusting us with your estate planning needs.

Reach out today to schedule a consultation and protect your future.

📞Troy, VA: (434) 589-2958

📞Powhatan, VA: (804) 598-1348

https://winget-hernandez.com

#customerappreciation #happyclients #qualityservice #supportivecare #teamwork #estateplan

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02.27.25 - Commonwealth Life & Legacy Counsel - Why Our Clients Choose Us

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[Post - MARCH] The Power of a Well-Crafted Will | Scheduled 3/12/2025

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[Post - MARCH] The Power of a Well-Crafted Will | Scheduled 3/12/2025

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A personalized will is more than just a document, it’s a plan for the future that you won’t be around to see. 📜

From assigning guardianship for minor children to specifying how you want your assets to be divided, a well-crafted will can provide clear instructions and minimize potential disagreements among beneficiaries. 💰

Contact us if you need help to create a thoughtful and comprehensive will. 🏛️

📞Troy, VA: (434) 589-2958

📞Powhatan, VA: (804) 598-1348

https://winget-hernandez.com/virginia/wills-lawyer

#will #estateplanning #legacy #guardianship #assetprotection #futureplanning

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02.27.25 - Commonwealth Life & Counsel - The Power of a Well-Crafted  Will

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[Post - FEBRUARY]  Take Control of Your Health Care Decisions Today.  | Scheduled 3/10/2025

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[Post - FEBRUARY]  Take Control of Your Health Care Decisions Today.  | Scheduled 3/10/2025

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📝 Are you prepared for the unexpected?

⚖️ No one wants to think about the worst-case scenario, but not having an Advanced Directive and Living Will can leave your family in a difficult position.

Protect your loved ones from tough decisions by clearly expressing your health care preferences now❤️ Contact us.

📞Troy, VA: (434) 589-2958

📞Powhatan, VA: (804) 598-1348

https://winget-hernandez.com/virginia/advance-medical-directive-living-will

#estateplanning #estateplanninglaw #livingwill #advancedirective

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02.04.25 - Commonwealth Life & Legacy Counsel - Take Control of Your Health Care Decisions Today.

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[Post - MARCH] International Women's Day | Scheduled 3/8/2025

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[Post - MARCH] International Women's Day | Scheduled 3/8/2025

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To the women shaping our future with love, wisdom, and courage. 💖

Today and every day, we honor you. 🌸

https://winget-hernandez.com

#internationalwomensday #IWD2025 #buildinglegacies

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02.27.25 - Commonwealth Life & Legacy Counsel - Women’s Day

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[NL Blog Post - MARCH] Which Type of Trust is Right for You? Explore Your Options | Scheduled 3/7/2025

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[NL Blog Post - MARCH] Which Type of Trust is Right for You? Explore Your Options | Scheduled 3/7/2025

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Planning for the future means protecting your loved ones and making sure your wishes are honored.

Trusts are a smart way to manage assets, avoid probate, and keep things private. 🔐 We’re here to help families explore their options and find the best fit for their needs.

📚 Check out our blog for practical guidance.

https://winget-hernandez.com/2025/02/12/trust-types

#estateplanning #trusts #familyprotection #probate #assetmanagement

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Which Type of Trust is Right for You? Explore Your Options

Planning for the future helps protect your loved ones and ensures your wishes are carried out. Trusts provide a reliable way to manage assets, avoid probate, and maintain privacy. At Commonwealth Life & Legacy Counsel, we assist families in understanding their options and choosing what best fits their needs.

Understanding Trusts

A trust allows you to place your assets under the management of a trusted individual or institution, known as a trustee, who ensures they are distributed according to your instructions. Trusts can help avoid the delays and expenses of probate, keep your financial matters private, and provide protection from potential creditors.

When considering a trust, some of the most common options include:

Revocable Living Trusts allow you to adjust plans as your circumstances change while keeping control over your assets.

Irrevocable Trusts provide stronger asset protection but cannot be changed once created.

Special Purpose Trusts are designed to meet specific needs such as supporting a loved one with disabilities, donating to charity, or ensuring a pet's future care."

Finding the Right Trust for Your Goals

Choosing the right trust depends on your estate planning priorities. If avoiding probate and maintaining privacy are important to you, a revocable living trust may be a good fit. For those focused on protecting assets from creditors or tax liabilities, an irrevocable trust could be the better choice. While special purpose trusts offer tailored solutions for unique situations.

Ready to Plan for the Future?

Trusts can provide peace of mind and financial security for you and your loved ones.

Call Commonwealth Life & Legacy Counsel in Central Virginia at 434-589-2958 or in Powhatan at 804-598-1348 or contact us online to learn more and start planning today. Was this gap intentional? I think it would look better if it looked

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Which Type of Trust is Right for You? Explore Your Options - Commonwealth Life and Legacy Counsel

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Planning for the future helps protect your loved ones and ensures your wishes are carried out. Trusts provide a reliable way to manage assets, avoid probate, and maintain privacy. At Commonwealth Life & Legacy Counsel, we assist families in understanding their options and choosing what best fits their needs. Understanding [...]

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[Post - FEBRUARY]  Create a Will That Works for You | Scheduled 2/27/2025

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[Post - FEBRUARY]  Create a Will That Works for You | Scheduled 2/27/2025

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🛠️ Estate planning isn’t one-size-fits-all. Whether it's special needs planning, elder care, or complex family dynamics, a personalized will is crucial. 🏠👨‍👩‍👧‍👦

✨ At Commonwealth Life & Legacy Counsel, our attorneys will tailor your will to fit your unique situation, from joint ownership to tax-saving strategies. We’ll make sure your plan is coordinated for your peace of mind. 📑

💬 Ready to protect your legacy? Contact us to get started.

📞Troy, VA: (434) 589-2958

📞Powhatan, VA: (804) 598-1348

https://winget-hernandez.com/contact-us/

#estateplanning #estateplanninglaywer #virginia #virginiawills #onlinewillrisks

#willandtrust #customizedwill #familyfirst #secureyourassets #specialneedsplanning #eldercare #complexfamilies

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02.04.25 - Create a Will That Works for You (1)

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[Testimonial Post - FEBRUARY] Success Stories  | Scheduled 2/26/2025

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[Testimonial Post - FEBRUARY] Success Stories  | Scheduled 2/26/2025

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It’s always a pleasure to hear that our friendly, knowledgeable, and sensitive team made a positive impact.

Thank you for trusting us with your needs, we’re here for you every step of the way.

🙏💙

📞Troy, VA: (434) 589-2958

📞Powhatan, VA: (804) 598-1348

https://winget-hernandez.com

#customerappreciation #happyclients #qualityservice #supportivecare #teamwork

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[Post - FEBRUARY]  A Conversation With Us = Value for Life | Scheduled 2/24/2025

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[Post - FEBRUARY]  A Conversation With Us = Value for Life | Scheduled 2/24/2025

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Our commitment is to make sure that people are better off for having met with us – whether they hire us or not.

Looking for estate planning guidance? Get in touch with us today.

📞Troy, VA: (434) 589-2958

📞Powhatan, VA: (804) 598-1348

https://winget-hernandez.com

#estateplanning #estateplanninglaywer #virginia #estateplanninglawyers

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02.04.25 - Commonwealth Life & Legacy Counsel - A Conversation With Us = Value for Life

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[Post - FEBRUARY]  Why Is Your Health Care Agent So Important? | Scheduled 2/20/2025

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[Post - FEBRUARY]  Why Is Your Health Care Agent So Important? | Scheduled 2/20/2025

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You may never know when you’ll need someone to speak for you in a medical crisis. Make sure it’s someone who understands you.

Your Advanced Directive in Virginia should include:

👤 Appointment of a health care agent: Pick a trusted person to make life-altering medical decisions.

⚕️ Clear health care instructions: Guarantee your preferences are followed, even when you can’t voice them.

Choose wisely, and make sure your wishes are respected. 🌟

📞Troy, VA: (434) 589-2958

📞Powhatan, VA: (804) 598-1348

https://winget-hernandez.com/virginia/advance-medical-directive-living-will

#estateplanning #estateplanninglaw #livingwill #advancedirective #healthcareagent #planningahead #medicaldecisions #virginia

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02.04.25 - Commonwealth Life & Counsel - Why Your Health Care Agent is So Important

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[Blog Post - FEBRUARY] Simple Will In Virginia | Scheduled 2/19/2025

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[Blog Post - FEBRUARY] Simple Will In Virginia | Scheduled 2/19/2025

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While you may know the term "will," you might not understand what a "simple will" entails or how it differs from other wills.

At Commonwealth Life & Legacy Counsel, we simplify estate planning. A simple will is often the foundation of a clear estate plan, helping protect your legacy and make sure your wishes are honored.

Read our blog for more details:

https://winget-hernandez.com/2024/04/20/simple-will-in-virginia

#estateplanning #simplewill #legacyplanning #willsandtrusts #legaltips

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Simple Will In Virginia - Commonwealth Life and Legacy Counsel

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The world of estate planning can seem overwhelming, especially when you are not used to some of the legal terms involved. While you may be familiar with the term “will,” for instance, if someone talks about a “simple will” you may not understand precisely what it includes and what makes […]

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[Post - FEBRUARY]  Is Your Online Will Enough to Protect Your Family? Don’t Let a Template Decide Your Future | Scheduled 2/17/2025

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[Post - FEBRUARY]  Is Your Online Will Enough to Protect Your Family? Don’t Let a Template Decide Your Future | Scheduled 2/17/2025

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Online wills may be cheaper, but they can’t replace the professional guidance you deserve. 🛑

A generic template might miss crucial details like assets, family dynamics, or charitable wishes. In Virginia, this could mean your intentions are not fully honored. 💔

📝 Contact us to create a personalized and reliable will.

📞Troy, VA: (434) 589-2958

📞Powhatan, VA: (804) 598-1348

https://winget-hernandez.com

#estateplanning #estateplanninglaywer #virginia #virginiawills #onlinewillrisks

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02.04.25 - Commonwealth Life & Legacy Counsel - Is Your Online Will Enough to Protect Your Family Don’t Let a Template Decide Your Future

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[Post - FEBRUARY]  Happy Valentine's Day | Scheduled 02.14.25

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[Post - FEBRUARY]  Happy Valentine's Day | Scheduled 02.14.25

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This Valentine's, show your love with a thoughtful gift that lasts a lifetime, secure your family's future. 💌

Have you updated your estate plan? A well-prepared estate plan guarantees your loved ones are cared for. 💼

📞Troy, VA: (434) 589-2958

📞Powhatan, VA: (804) 598-1348

https://winget-hernandez.com

#estateplanning #estateplanninglaywer #virginia #valentinesday #futureplanning

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02.04.25 - Commonwealth - Valentine's Day

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[Blog Post] Why Should I Consider A Trust Instead Of A Will In Virginia? | Scheduled 2/6/2025

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[Blog Post] Why Should I Consider A Trust Instead Of A Will In Virginia? | Scheduled 2/6/2025

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Choosing the right tools to use for estate planning can be quite a challenge, especially when deciding between a trust and a will.

At Commonwealth Life & Legacy Counsel in Central Virginia, we often review the benefits and potential drawbacks of each option with our clients to help determine the best fit for their unique situations. 💡

Explore our blog to discover why you should consider setting up a revocable living trust instead of a will as the foundation of your estate plan. ⬇️

https://winget-hernandez.com/2024/05/10/why-should-i-consider-a-trust-instead-of-a-will-in-virginia

#estateplanning #trustsvswill #livingtrust #estateplanningtips #willsandtrusts #virginiaestateplanning #financialplanning

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Why Should I Consider A Trust Instead Of A Will In Virginia? - Commonwealth Life and Legacy Counsel

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Choosing the right tools to use for estate planning can be quite a challenge, especially when deciding between a trust and a will. At Commonwealth Life & Legacy Counsel in Central Virginia, we often review the benefits and potential drawbacks of each option with our clients to help determine the […]

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[Post] Comprehensive Estate Planning Tailored to Your Needs | Scheduled 2/3/2025

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[Post] Comprehensive Estate Planning Tailored to Your Needs | Scheduled 2/3/2025

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At Commonwealth Life & Legacy Counsel, we offer personalized estate planning services designed to meet your unique goals. Our services include:

📜 Wills & Trusts: Plan how your assets are distributed and managed.
👩‍⚖️ Powers of attorney: Make sure someone you trust can make decisions if you're unable.
🏥 Medical directives: Plan for unexpected medical emergencies.

Let us guide you through the estate planning process.

📞Troy, VA: (434) 589-2958

📞Powhatan, VA: (804) 598-1348

https://winget-hernandez.com/virginia/estate-planning

#estateplanning #legacyplanning #assetsprotection #estateplanningattorney #trustsandwills #businesslegacy

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01.21.25 - Commonwealth Life & Legacy Counsel - Comprehensive Estate Planning Tailored to Your Needs

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[Post] Avoid Costly Mistakes: The Top Estate Planning Benefits | Scheduled 1/31/2025

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[Post] Avoid Costly Mistakes: The Top Estate Planning Benefits | Scheduled 1/31/2025

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Without an estate plan, the government decides what happens to your estate, which might not align with your wishes.

When you plan ahead, you unlock these key benefits:

✔️ Documented intentions: Your plan is legally binding and clear, so your family knows exactly what you want.
✔️ Tax minimization: Keep more of your wealth in your family’s hands, and less in the government’s.
✔️ Lower legal fees: Avoid high costs associated with settling an estate without proper planning.

At Commonwealth Life & Legacy Counsel, we help you create an estate plan that works for you and your loved ones.

📞Troy, VA: (434) 589-2958

📞Powhatan, VA: (804) 598-1348

https://winget-hernandez.com/virginia/estate-planning

#estateplanning #assetsprotection #estateplanningattorney #estateplanningbenefits #legacyplanning #taxstrategies #financialplanning

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01.21.25 - Commonwealth Life & Legacy Counsel - Avoid Costly Mistakes The Top Estate Planning Benefits

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[Post] Why Every Adult Needs an Estate Plan | Scheduled 1/29/2025

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[Post] Why Every Adult Needs an Estate Plan | Scheduled 1/29/2025

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Did you know? Everyone has an estate, even if you don’t own a home.

Estate planning isn’t just about who gets your belongings. It’s about making important decisions for your health, family, and future.

💡 Make your goals clear and achievable, no matter what life brings.

👉 Contact us today to start planning for your peace of mind

📞Troy, VA: (434) 589-2958

📞Powhatan, VA: (804) 598-1348

https://winget-hernandez.com/virginia/estate-planning

#estateplanning #estateplanninglawyer #futureplanning #familyprotection #financialfreedom

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01.21.25 - Commonwealth Life & Legacy Counsel - Why Every Adult Needs an Estate Plan

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[Post] Why Choose Us? | Scheduled 1/27/2025

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[Post] Why Choose Us? | Scheduled 1/27/2025

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Planning for the future goes beyond documents-it's about ensuring clarity and peace of mind.🕊️

At Commonwealth Life & Legacy Counsel, we’re glad to create an estate plan that doesn't leave anything to chance. We strive for state-of-the-art work product that is priced for value.

Let's make a plan that reduces risk and inconvenience for your loved ones.

Contact us today:

📞Troy, VA: (434) 589-2958

📞Powhatan, VA: (804) 598-1348

https://winget-hernandez.com/farm-transition

#estateplanning #legacyplanning #assetsprotection #estateplanningattorney

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10.25.2024 - Commonwealth - Why Choose Us

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[Blog Post] How Can Trusts Help Protect Your Assets In Marriage?

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[Blog Post] How Can Trusts Help Protect Your Assets In Marriage?

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Marriage is a beautiful journey, but it is crucial to safeguard your financial future along the way.

Our article dives deep into the role trusts play in securing your assets while honoring your commitment to your spouse and loved ones.

https://winget-hernandez.com/2024/03/12/how-can-trusts-help-protect-your-assets-in-marriage/

#Marriage #AssetProtection #EstatePlanning #Trusts #Legacy #ProtectYourFuture #MarriageAdvice

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How Can Trusts Help Protect Your Assets In Marriage? - Commonwealth Life and Legacy Counsel

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Marriage is a beautiful journey, but it’s essential to consider how it might affect your financial and estate plans. As Estate Planning and Elder Law Lawyers, We often witness the importance of protecting assets, especially in marriages. Let’s explore how trusts can play a vital role in safeguarding your assets […]

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[Post - JUNE] Take Control of Your Healthcare Decisions 

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[Post - JUNE] Take Control of Your Healthcare Decisions 

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None of us want to imagine a medical emergency but being prepared brings clarity and comfort when it matters most.

A Living Will allows you to decide in advance what kind of care you want if you can’t speak for yourself.

👨‍⚕️ Helps doctors and loved ones know exactly what you want.
🛡️ Prevents confusion, stress, and potential family conflict.

Take this step not just for yourself, but for the people who love you.

📞Troy, VA: (434) 589-2958

📞Powhatan, VA: (804) 598-1348

https://winget-hernandez.com/virginia/advance-medical-directive-living-will

#livingwill #virginialaw #advancecareplanning #estateplanning