COMMON QUESTIONS
You Asked, We Answered
Is a Power of Attorney still good after someone dies?
No. When a person dies, their Power of Attorney dies with them. The Power of Attorney can no longer be used by the Agents listed in the document after the principal dies. After death, a Last Will & Testament is then needed.
Can the person named in a Financial Power of Attorney make medical decisions?
The short answer is "No". If you want someone to have the power to make medical decisions, you will need to make a separate Healthcare Power of Attorney. However, if you would like, you can name the same person to act in both your Financial Power of Attorney and Healthcare Power of Attorney. But, each type of Power of Attorney is separate and the powers of each do not cross-over. It highly recommended to make both a Financial Power of Attorney and a Healthcare Power of Attorney. See our Bundle Options Here for the best priced option to make everything you might need.
Can the person named in a Healthcare Power of Attorney make any financial decisions?
The short answer is "No". If you want someone to have the power to manage your financial affairs, you will need to make a separate Financial Power of Attorney. However, if you would like, you can name the same person to act in both your Financial Power of Attorney and Healthcare Power of Attorney. But, each type of Power of Attorney is separate and the powers of each do not cross-over. It highly recommended to make both a Financial Power of Attorney and a Healthcare Power of Attorney. See our Bundle Options Here for the best priced option to make everything you might need.
Does a Last Will & Testament control all of my assets when I die?
The short answer is "No". A Last Will & Testament will only control those assets which will be a part of your probate estate. There are several factors which determine whether an asset will be controlled by your Will. For example, those assets which have been beneficiary designated (such as life insurance) are normally controlled by the beneficiary designation you made for that policy and will not be controlled by your Will. See our Bundle Options Here for the best priced option to make everything you might need.
What are the Laws of Intestacy?
When you die without a Last Will & Testament, the law provides a default plan for the distribution of your assets. This default set of laws is known as "The Laws of Intestacy". In many cases, the Laws of Intestacy cause a distribution plan for your assets that may not be what you wish. The Laws of Intestacy can get quite complicated if you are unmarried, or are in a second or third marriage, or have a child outside of your current marriage, or have no children. By making a Last Will & Testament, the Laws of Intestacy will not apply to you. If you do not have a Last Will & Testament, you can make only a Will or consider a Bundle for a better priced option.
Do I need a Last Will & Testament?
If you want to make sure that upon your death, your wishes are carried out, you should make a Will. If you have minor children, you should make a Will to nominate guardians for your children. If you own property and want to make sure that the right people receive the property, you should make a Will. Many people do not realize that if you die without a Last Will & Testament, the law provides a default plan for the distribution of your assets. This default set of laws is known as "The Laws of Intestacy". In many cases, the Laws of Intestacy cause a distribution plan for your assets that may not be what you wish. The Laws of Intestacy can get quite complicated in many situations. By making a Last Will & Testament, the Laws of Intestacy will not apply to you. If you do not have a Last Will & Testament, you can make only a Will or consider a Bundle for a better priced option.
Can I include gifts to charity in my Last Will & Testament?
Absolutely! Our system offers two ways to include a charity in your Last Will & Testament. The first option allows you to specify a particular dollar amount to any charity you choose. The second option allows you to include a charity, or charities, as part of the overall distribution of your probate estate - that means leaving a percentage of your estate to any charity you choose. If you do not have a Last Will & Testament, consider creating a full estate plan using a Bundle for a better priced option.
I need to contact Virginia Legal Online, what is the best way?
Please email us with any questions or concerns. Our email is info@valegalonline.com.