Walsh & Kutz, P.C., lawyers in Newport News, VA, Virginia

Estate-Tax Valuation -- Other Assets

Life insurance on the decedent that is received by or for the benefit of the estate is taxed in the estate. (Note that many state death taxes do not require inclusion, or provide special partial exclusions for life insurance proceeds.) The amount should be the amount received by the beneficiary, including any dividends and premium refunds paid to the beneficiary.More...

An Overview of Personal Representatives

In most instances, when a person dies owning property of any real value, it is necessary to appoint someone to administer the estate. That person (it could be one or several persons, a bank or trust company, or both) who acts for, or "stands in the shoes of," the deceased is called the personal representative. The duties and responsibilities of the personal representative, and even the title of the personal representative, may change depending on the state laws and circumstances involved, but the need for such a person (or persons) is shared by all.More...

Conservatorship Proceedings

A durable power of attorney for finances is an inexpensive legal document that allows you to name someone to make your financial decisions if you become unable to do so yourself. The main reason to make a durable power of attorney for finances is to avoid court proceedings if you become incapacitated. If you do not have a durable power of attorney, your loved ones will have to ask a court to give them authority over your financial affairs. This procedure is usually called a conservatorship proceeding. Different states have different terms for the person appointed to manage your finances, including conservator, guardian of the estate, committee, and curator.More...

Gift Requirements

This article discusses the legal requirements for an ordinary gift: donor competence, donor intent, donor delivery, donee acceptance, and appropriate documentation, if necessary.More...

Letters of Instruction

Your will should not mention each one of your possessions because their value and nature change as time goes on. Revising your will upon every change would be both inconvenient and costly. Instead, your will should use general language in addressing the disposal of your possessions. However, it is important that you keep an updated record of all your possessions in order to assist your survivors.More...