Wakefield Law Blog

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. 

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.

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.

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.

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.

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. 

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?

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.

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. 

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!

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.

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. 

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.

“I don’t need to do estate planning, I don’t have millions of dollars!”  “I’ll get to it when I’m older or if I get ill, I’m healthy and don’t need to think about it now.”  “My family gets along.  If something happens to me, they won’t fight and end up in court.”  These are some examples of things we hear from clients all the time at Wakefield Law.  Unfortunately, since this is one of the areas in which we specialize, we see the other side of things and how families and finances can go sideways after death or incapacity.  Planning for the future responsibly is not tied to having a certain value of assets or impending illness.  Making plans for the “God-Forbids” is the most loving thing you can do for those close to you.  It involves some difficult decisions, particularly when it comes to the well-being of minor children, but it’s one of the only ways you can take unnecessary suffering from your loved ones if you’re not around anymore. With our clients, we always stress that one of the most crucial steps you can take as a parent is to designate guardianship for your children in the event that you are no longer able to care for them. This blog post will explore the importance of both permanent and temporary guardianship and highlight the need for a comprehensive estate plan to ensure your children’s needs are met immediately and efficiently.

It’s wedding season! Once again, we ring in the springtime with wedding bells and a flurry of “I dos.” From the moment you “kiss the bride (or groom),” break the glass, or bind your hands together, your relationship with your partner takes on a new financial and legal meaning. As a newly married couple, you are now entitled to certain benefits that come with marriage, as well as some added responsibilities.  

These responsibilities, including being there for one another “in sickness and in health,” do take some advance planning. However, this doesn’t have to be a painful process, as long as you take care of it well in advance. At Wakefield Law, we recommend taking care of your estate plan as early as possible in your married life. If you don’t yet own a home or have children, now is the perfect time to create a plan that can be easily updated and adapted as your family grows and changes. If you and your spouse are entering into marriage with children from previous relationships, creating a plan becomes essential. Blended families are a beautiful thing, but the default laws of the Commonwealth of Virginia may not reflect how you would like your estate plan structured. You will need to craft a unique plan to protect your unique family.

At Wakefield Law, we run across contracts every day, but so do you!  From clicking yes to terms and conditions online, signing up for a gym membership, filling out paperwork at the doctor’s office, signing a lease, or even exchanging emails to discuss terms with a contractor, we rely on contracts to define terms of deals and to show parties exactly what their responsibilities are in a business environment. But what exactly makes a contract legally enforceable and binding? What are the essential elements that ensure clarity, enforceability, and fairness? Let's delve into the fundamental components that make up a contract.

At our firm, we work with couples every day on their estate planning documents.  Often, our clients are married and have children.  However, very frequently, we work with long or short term committed partners on their estate plans.  For them, estate planning is absolutely critical.  The standard inheritance laws in Virginia are built with married partners with children in mind.  If you don’t have an estate plan, sometimes the law would still mirror how you would want your assets distributed at the time of your passing.  But, just as likely, the law could have a structure that is the exact opposite of what you might want.  Also, we always ask our clients who they would want making financial or medical decisions for them should they not be able to make those decisions for themselves.  It might be a trusted friend, a partner, or a parent.  A well-drafted estate plan, is the only way to be sure that what you want to happen with your assets will happen and the right person is stepping up for you at the most crucial moment.