Our firm focuses primarily on the practice areas of family law and estate planning, but often non-lawyers will ask “what is ‘family law’ anyway?” It encompasses a broad spectrum of practice areas from divorce to custody and everything in between. Divorce The most frequent type of family law case is divorce, in which married people …
Estate planning comes in all shapes and sizes. It includes updating beneficiary designations on financial accounts and insurance policies, adding joint owners to accounts, and gifting personal property items during one’s life. Estate planning is about maximizing the financial benefit for your heirs and ensuring smooth and simple transfers of property. Oftentimes avoiding probate means …
In some cases a grandparent may want to petition for full custody of their grandchild where the child’s parent suffers from mental health problems, drug or alcohol addiction, or has been abusive or neglectful of the child in the past. In such cases the court will consider both the continuing relationship between parent and child …
When you die, you want to leave your loved ones in a good financial position and minimize the complications they face regarding accessing the property and assets you have left to them. Taking steps to reduce probate in Virginia can ensure a quicker process of accessing your assets and property for your beneficiaries. Probate can …
In the Commonwealth of Virginia, only interested parties can contest a will. An interested party is an individual that has standing to challenge the estate and is usually someone who is entitled to receive property under the will. It could also be someone who has a legal right to part of the estate, such as …
Often thought of as only for celebrities or the very wealthy, most couples can benefit from use of a marital agreement, meaning either a prenuptial or postnuptial agreement. Many couples don’t know the potential financial ramifications of a future divorce or separation. A prenuptial agreement can outline each party’s future obligations to one another in …
After a divorce or the dissolution of a relationship, there are decisions to make regarding custody and visitation of minor children. Who will be the primary caregiver of the child? Will we share both legal and physical custody? What will the visitation rights be? The courts will have their own questions as well when making …
As the name implies, an irrevocable trust is a trust that cannot be revoked, modified, amended, or terminated by its creator (the grantor) with very limited and specific exceptions. Once the grantor has transferred an asset into the trust, it removes his/her right of ownership and that asset will no longer be considered the property …
There are two primary reasons for having an estate plan: To make sure that your family and loved ones are taken care of to the best extent possible following your death, and To provide clear instructions on what should happen to your estate following your death Without a will or trust, the Virginia courts will …
A special needs trust, also referred to as a supplemental needs trust, provides for a person with a mental or physical disability and allows the beneficiary to receive gifts, lawsuit settlements, or other funds and yet not lose his or her eligibility for certain government programs, including, Medicaid, Supplemental Security Income (SSI), and other state …
Estate planning and asset distribution may involve contested matters and document disputes, requiring extensive litigation and complex circumstances. At Melone Hatley, P.C., our Virginia trusts and estates lawyers are available to provide individualized solutions for your estate issues and assist you throughout the court process, in necessary. Whether your estate disputes relate to one or …
For second marriages, estate planning will bring a new set of challenges that involve blended families and complex financial arrangements. Each spouse may have children from previous relationships, or the new spouses may have children together. One spouse may have a substantial amount of assets in his or her name, and the other spouse may …
While you always have the right to represent yourself in a divorce, you may be unknowingly giving up important rights. In filing for a divorce, the parties need to meet certain requirements for the case to proceed; mistakes can result in a dismissal, meaning wasted time and money. One of the key areas that many …
When your marriage falls apart, children can find themselves caught in the middle. Custody disputes and visitation arrangements can be especially challenging for kids who may already be feeling unsettled. Understanding the details of child visitation laws in Virginia is key to making informed decisions. In this blog, we’ll explore custody and visitation, focusing on …
Today, 25% of households in the United States have a member with special needs. An estimated eight percent of children in the United States under the age of 15 have some type of disability or special need. Caring for a child with special needs often requires thoughtful planning, specialized care, and often, extraordinary expenses. In …
