Estate Planning Attorney in Fairfax, VA

Yes. Without a will, Virginia law (intestate succession) determines who inherits your assets — which may not match your wishes. A will also allows you to name a guardian to manage property on behalf of your minor children, who cannot legally hold property until they reach a certain age. It is important to note, however, that a will cannot determine the custody of your children — custody is always decided by the court based on the best interests of the child. Estate planning is not just for the wealthy; it is for anyone who wants their wishes respected and their family protected.

A will takes effect at death and goes through probate. A living trust holds assets during your lifetime and transfers them without probate, saving time and potentially costs. Whether a trust is right for you depends on your assets and goals.

A financial power of attorney designates someone to manage your finances if you become incapacitated. A healthcare power of attorney designates someone to make medical decisions. Without these, your family may need a court proceeding to be appointed your guardian.

An advance medical directive is a legal document that sets out your wishes regarding medical treatment and healthcare decisions in the event you become unable to communicate or make decisions for yourself.

Every adult should have these documents in place — not just the elderly. Accidents and medical emergencies can happen at any age, and without an advance directive or healthcare power of attorney, even your closest family members may have no legal authority to make healthcare decisions on your behalf.

This is particularly important for parents of college-aged children. Once your child turns 18, they are legally an adult. Even though they are still your child, you have no automatic legal right to access their medical records or make healthcare decisions for them without their written authorization. If your college-going child is in a medical emergency, you could find yourself unable to help without the proper legal documents in place. Ms. Khan strongly recommends that every adult — including young adults heading off to college — have an advance medical directive prepared.

Review after any major life event: marriage, divorce, birth of a child, death of a beneficiary, significant asset change, or relocation. A general review every 3–5 years is good practice.

Yes. This combination is particularly valuable for clients going through divorce who need to update beneficiary designations, remove a spouse from powers of attorney, and revise their estate plan simultaneously.