Wakefield Law Blog

Are you or someone you love tying the knot in 2025?  Or, are you not so newlywed, but still have updating your will on the back burner?  Some of our clients have the misunderstanding that estate planning is only for the mega-wealthy or elderly.  We try to educate everyone that estate planning is for everyone – the process includes making sure you have documents drafted that will protect you and your loved ones in the most practical and conflict avoidant way possible.  So, if the question is whether newlyweds, or even long-term partnered couples that have not been married, need estate planning documents?  The short answer is YES – the most important considerations are not always who gets what when someone dies – they are often about making sure a fiancé, partner, or new spouse is solidified as their agent to make financial and medical decisions, instead of family members that would have been the default choice before partnering up. There can be horror stories in blended families or families where there are different surnames where the right person is not permitted to act.  Planning to avoid these situations is really important. 

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2025 is here!  Lots of our clients are looking at 2024 – what went wrong and what went right – one of the most important things to look at is how you did in collecting money from invoiced work.  Going over the books can be very helpful in seeing how the processes are working with your business – it also is hugely important to see what might be trending as a larger problem in the future.  Accounts receivable are a reality for every business.  If you’re lucky, maybe an unpaid debt is a very rare thing, but it comes up for every type of business, regardless of quality or organization. 

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Probate is a term that may be mysterious or sound daunting, and for good reason. It’s a legal process that can significantly impact how your affairs are handled after your passing. At Wakefield Law, we understand the complexities of probate in Virginia and are here to guide you through understanding it, its implications, and how to potentially avoid it. Let’s dive into what probate is, how it works, and why planning ahead can save your loved ones time, distress, and money.

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At Wakefield Law, when our clients come in, they often have preconceived notions about what estate planning is.  People hear the term "estate planning” and they often think of the wealthy or the elderly. However, estate planning is not just for the uber rich or those nearing retirement. It’s an essential process that ensures your wishes are respected, your loved ones are cared for, and potential complications are minimized—no matter your age or asset level. Here, we’ll explore the fundamental components of a comprehensive estate plan and why everyone should have one.

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As an estate planning lawyer, I am asked about probate and how to avoid it every day.  Before we talk about avoiding it, let’s make sure we know what it is.  Probate is the public legal process through which a deceased person’s estate is administered, debts are paid, and assets are distributed according to their will or state law (if they die intestate, meaning without a will). In Virginia, as in most states, the probate process is supervised by the Circuit Court in the county or city where the decedent resided. While probate is intended to ensure that the estate is properly managed and creditors are satisfied, it can be time-consuming, costly, and emotionally draining for loved ones. Many people think that a well-written will can assist in avoiding probate.  However, this is a misconception – a will is your ticket to probate court.  It’s the instruction manual for how probate will be administered.  For a complete probate, the minimum time that must elapse from when the probate is opened to when it’s closed is six months and one day.  However, with court process, conflict, and tax issues it can take much longer. 

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Collection methods for unpaid invoices aren’t what most people think of when they think about all the important parts of starting a new business.  Whether you’re creating a business or have a long-established business, making sure you have a clear process for closing invoices is vital.  When your business provides products or services and invoices clients without receiving payment, it can be a significant strain on your resources.  Every minute spent on trying to get the debt collected lowers the value of the money – if you spend too much time collecting money for work you’ve already performed, you’re not out there getting new business.

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Navigating the complexities of estate planning can be daunting, especially when it comes to addressing the sentimental and valuable personal property you wish to leave to your loved ones. Death and loss can often stir intense emotions and create conflicts among siblings and family members. One effective way to mitigate potential disputes is by clearly specifying which items go to which beneficiaries in your will or trust.

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Estate planning is one of the most important things you can do to protect your loved ones and ensure your legacy is passed on according to your wishes. While it may be tempting to save time and money by using cheap online services that offer cookie-cutter templates for wills, trusts, and other estate planning documents, the risks can far outweigh any perceived benefits.

Each family’s situation is unique, and relying on one-size-fits-all templates can lead to serious consequences down the road, including signing documents that will yield unexpected and unwanted consequences, and even making your estate plan invalid or unenforceable at the very time it is needed most. These documents are complex and the process is extremely nuanced.

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If you're a business owner or creditor, you know that chasing unpaid debts can be time-consuming, frustrating, and often fruitless. Delinquent accounts can eat into your bottom line, disrupt cash flow, and divert valuable resources from more profitable ventures, like actually running and growing your business. One solution that many businesses overlook is turning their debt collection efforts over to an attorney who works on a contingency fee basis.

The prospect of hiring an attorney for an issue that’s already costing you money can be daunting, but contingency fees are special - Here’s why hiring Wakefield Law could be the best choice for your business.

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At Wakefield Law, we work daily with clients on the subject of estate planning.  When handling the subject of estate planning in Virginia, one of the most crucial subjects is mitigation or even complete avoidance of the probate process. While many people think that writing a will is enough to ensure their estate is smoothly distributed, it’s only one part of the equation. We always say a Will, no matter how well written, is your ticket to probate – it’s the instruction manual for probate. 

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2024 is racing along and 2025 is now visible on the horizon!  Our clients are looking at how the first half of the year went and making plans for the second half and beyond.  Some of our clients are seeing that there has been an uptick in clients and customers failing to pay invoices after work has been performed – to make sure an unhealthy pattern isn’t starting, it’s important to look at your books now and see if you have outstanding debt for goods or services that your company provided for which payment has not been received.  Once you have a good idea of what your company has in the way of accounts receivable, it’s time to make the decision – are you going to pursue collection of the accounts?

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Accidents can turn your world upside down in an instant. Whether it’s a car crash, slip and fall, or any other type of accident, the aftermath can be overwhelming. Medical bills pile up, you may be unable to work, and dealing with insurance companies can be a nightmare. During such a stressful time, your focus should be on healing.  Very often, we see that someone who has been in an accident is jeopardizing their rights without even knowing they are putting themselves at risk.  An off-handed conversation with an insurance agent or starting with medical care before having a comprehensive medical examination after an accident are some of many ways someone can put their rights and health at risk following an accident.  Having an experienced attorney by your side can make a significant difference in the outcome of your personal injury case and your peace of mind in a time where your physical and mental health should be the only priority.

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So – you’re jumping into starting a new business – there’s so much to do and so much to think about!  There’s a business plan, finding customers, honing the product, hiring the right employees and supporting professionals (accountants, consultants, etc.).  One point that gets overlooked often is how the business needs to be set up from the start.  At Wakefield Law, we have been representing Virginia businesses for over thirty years. Of the hundreds of businesses we have represented during this time, we have seen every stage of business development. We’ve worked with companies from their fledgling months to those that have been around for generations. If we are lucky, we are offered a glimpse into a business before it has even begun. In these instances, we get to work with entrepreneurs and business-minded people to help them make smart choices for their business. Getting the business structure right from the start is one of the best ways to set your business up for success. 

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When running a business, it's essential to ensure that your contracts are not only thorough but also are tailored to protect your interests. At Wakefield Law, we frequently advise our clients on the critical elements that should be included in every business contract as we work with them.  If a contract is missing vital provisions, you may not have as many options when it comes time for enforcement and you may be leaving yourself open to significant cost that is not necessary.  In this article, we highlight three key provisions that can safeguard your business and streamline the resolution of potential disputes: the attorney's fee provision, the choice of law and venue provision, and the notice provision.  **Speak with your attorney to make sure these, and many other provisions, are right for your contract!

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When we’re discussing estate planning with our clients, we’ve learned that most people think of estate planning as mostly being for the uber wealthy—those with vast assets, multiple properties, and considerable investments. However, the reality is that estate planning is essential for everyone, regardless of the size of your estate.

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Every parent hopes to raise independent children.  Obviously, the goal is to teach them right from wrong, how to build a happy and successful life, and maybe the future generations can make the world a better place for us all.  In estate planning, we talk about all sorts of underdiscussed areas, but this one might be the biggest one.  How do we keep our children safe and ensure we can be a support/decision-maker for our children who have reached the age of eighteen?  Many of our parent clients have questions about how to keep their children safe even when they are leaving home for the first time.  It seems strange to even consider estate planning as a factor to discuss with young men and women that have just turned eighteen, or who are going back to college, but there are a couple of really important considerations for our college-aged children when they are leaving the nest. 

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At Wakefield Law, we have been specializing in the collection of unpaid debts for individuals and businesses since 1995.  In the world of business, so many important topics can demand our attention.  Provision of services, sourcing of materials and supplies, customer service, contract drafting, marketing, and succession planning are just a few topics that our clients deal with every day.  However, one topic also demands a business owner’s attention – collection of invoices.  Setting up a process to collect money owed to your business is a critical component to the success of your business.  Unfortunately, no matter how professional and skilled a business owner is, there will always be issues with accounts receivable.  Keeping the unpaid and overdue accounts in check can be vital to the health of your business.  The last thing a business needs is unpaid invoices accumulating quickly, causing a significant threat to cash flow. While there are several methods to collect these overdue payments, engaging a lawyer to perform debt collection legal services using a contingency arrangement can be a particularly effective and low-risk strategy. Here's why turning your collections over to a lawyer can streamline the process and enhance your chances of recovering what's owed to you.

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