Top Williamsburg, VA Trusts Lawyers Near You

Visit our free Trusts Resource Center.

What Is a Trust?

A trust is an estate planning tool that allows you to determine which beneficiaries will get your property and assets when you pass away. A valid trust can allow you to avoid probate, which can be costly and slow, so your beneficiaries can receive your real estate, accounts, and personal property more quickly. A trust can also allow you to use and access your property while you are living while still providing for your loved ones after you die. An estate planning attorney can give you more information about trusts and estate planning.

What Are Different Types of Trusts?

There are different kinds of trusts that can be used to accomplish your estate planning goals. Common types of trusts include:

• Living trusts
• Irrevocable trusts
• Charitable trusts
• Special needs trusts

The most common type of trust is a living trust, also known as a revocable trust. A revocable trust provides more flexibility for the person who created the trust to use the property and modify the trust at any time. An irrevocable trust is much more restrictive and cannot be canceled. However, an irrevocable trust can reduce estate taxes and may allow the property to be protected from creditors. Talk to Virginia estate planning lawyers for legal advice about what type of trust is best to give you peace of mind.

How Do I Establish a Trust?

The person who creates the trust is known as the settlor. The settlor names a beneficiary or beneficiaries who will receive the assets under the terms of the trust, usually upon the death of the settlor. The settlor also designates a trustee to manage the assets of the trust for the benefit of the beneficiaries. There may be other requirements for a trust in your state, so contact a Virginia trust lawyer or elder law firm about your legal matters.

How Can I Change a Trust?

A revocable will can be changed anytime during the lifetime of the settlor. You may want to review your trust every few years or anytime there is a significant life change. When there is a major life change, like a marriage, divorce, or death of a loved one, you may want to update your trust to make sure your wishes are still reflected in your estate plans.

How Much Does It Cost to Make a Trust in a Williamsburg?

The cost of a trust will depend on several factors, including the number of assets and properties, trust administration, and the terms of the trust. An average trust can cost about $2,000 to $5,000 or more. However, a trust can save you money by avoiding the costs, delays, and court process of going through probate. A trust can also include special provisions for your loved ones so they can have long-term protection and financial support. To get an estimate for how much it will cost to prepare a trust for your situation, contact a Williamsburg trust attorney for a quote.

What sort of issues can I seek legal help with?

Specialized legal help is available for most legal issues. Each case is unique; seeking legal help is a smart first step toward understanding your legal situation and seeking the best path toward resolution for your case. An experienced lawyer understands the local laws surrounding your case and what your best legal options might be. More importantly, there are certain situations and circumstances – such as being charged with a crime – where you should always seek experienced legal help.

What to Expect from an Initial Consultation

• Seek to determine whether the attorney can represent you. There is no one-size-fits-all legal solution and it may turn out your needs are better served by an attorney in a different specialization.
• It’s important to find a legal ally who is both competent in the law and someone you can trust to protect your interests.
• Discuss how the practice’s billing works and discuss possible additional charges or fees that may arise during or after the resolution of your case.

An attorney consultation should provide you with enough information so that you can make an informed decision on whether to proceed with legal help.

How much does it cost to hire an attorney?

In general, how much an attorney costs will often depend on these four factors: billing method and pricing structure, type of legal work performed, law firm prestige, and attorney experience. Depending on the legal issue you are facing, an attorney may bill you by the hour, settle on a flat fee, or enter into a contingency fee agreement. The type of legal work you need help with will also play a role in cost incurred.

Common legal terms explained

Pro se – This Latin term refers to representing yourself in court instead of hiring professional legal counsel. Pro se representation can occur in either criminal or civil cases.

Statute – Refers to a law created by a legislative body. For example, the laws enacted by Congress are statutes.

Subject matter jurisdiction – Requirement that a particular court have authority to hear the claim based on the specific type of issue brought to the court. For example, the U.S. Bankruptcy Court only has subject matter jurisdiction over bankruptcy filings, therefore it does not have the authority to render binding judgment over other types of cases, such as divorce.