LEGAL SERVICES

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Barbara Lloyd Kessinger works together with clients of LLOYD LAW, PLLC in Prince William, Fairfax, Fauquier, and Loudoun Counties to establish estate plans that meet their needs.

Estate planning typically involves the preparation of Wills and Powers of Attorney, both financial and medical.  Circumstances also may warrant the additional drafting of one or more Trusts.  In this case, a Will is drafted to pour over into a Trust (hence, the name ‘pour over Will’).  Depending on the needs and desires of an individual, couple or family members, Trusts may be inter vivos (living) or testamentary.  Another component of estate planning is the preparation of Advance Medical Directives, HIPAA Authorizations and Disposition of Remains Authorizations.

The estate planning process usually involves at least three telephone conversations and one or more meetings.  The initial consultation -- when assets, income, debts and other concerns are analyzed and addressed -- lasts from one to two hours.  If the law firm then is engaged

to provide legal services, documents typically are drafted over the next one to two weeks.

A follow-up consultation takes place after clients have reviewed their draft documents.

Once that occurs, documents typically are revised and finalized over the next one to two weeks.  The last meeting -- when all of the legal papers are signed -- includes a notary and  two witnesses.

When estate planning involves the creation of one or more Trusts, further action items for the individual or married couple, as applicable, will be discussed.  Information concerning retitling of assets and beneficiary designation changes will be provided.  Trust funding is important to help avoid the need for formal probate later.  Consultation with accounting, financial and other professionals will be encouraged.  Even when estate planning is Will-based, not Trust-based, further action items will be discussed.

Ms. Kessinger’s well-drafted estate plans integrate multiple documents and reflect the personal desires expressed by clients.

                                                                      SPECIAL NEEDS  TRUSTS

Barbara Lloyd Kessinger prepares Special Needs Trusts (SNTs) for the benefit of individuals with disabilities.  These trusts have provisions that can improve the quality of life for your loved one, generally by supplementing, not replacing, essential public benefits.

Frequently, stand-alone inter vivos (living) SNTs are established.  Many inter vivos SNTs are funded by third parties (hence, the name Third Party SNTs), possibly during their lifetimes but more likely upon their deaths.  Some inter vivos SNTs, however, are  self-settled (hence, the name Self-Settled SNTs), using the disabled beneficiary’s own assets for funding.

Testamentary SNTs also can be included in Wills.

Ms. Kessinger prepares Third Party Special Needs Trusts on a regular basis.  She offers telephonic consultation on this topic for residents in Prince William, Fairfax, Fauquier, and Loudoun Counties. 

Barbara Lloyd Kessinger handles Guardianship and Conservatorship in Prince William, Fairfax, Fauquier, and Loudoun Counties.  Ms. Kessinger represents, as Petitioners, individuals who care for someone who meets Virginia’s statutory definition  of incapacity.

Although these proceedings often are viewed as ‘last resort’ measures, sometimes it does become necessary or advisable for relatives to petition a Circuit Court for Guardianship of their loved one and/or for Conservatorship of his or her estate.

For example, if an incapacitated person has medical or health care challenges and he or she has not signed a Medical Power of Attorney previously, a Guardian may be needed.

A Guardian is a court-appointed fiduciary who oversees the disabled individual’s personal and medical needs.

Further, when an incapacitated person has resources and he or she has not signed a Financial or Property Power of Attorney previously, a Conservator also may be needed.

A Conservator is a court-appointed fiduciary who manages the disabled person’s assets and income.

Usually there are specific circumstances -- such as when a teenaged child with a disability approaches the age of 18 or when an older adult suddenly becomes disabled – that motivate the filing of a Petition for Guardianship and/or Conservatorship.

Ms. Kessinger also serves as a Guardian ad Litem attorney on behalf of incapacitated adults.

She is authorized to receive appointments in the 31st Judicial Circuit Court of Prince William County and the 20th Judicial Circuit Court of Loudoun County.

Barbara Lloyd Kessinger provides legal services to assist with Estate Administration and Probate in Prince William County.  While every situation is different, the following processes take place generally.

When an individual passes away without an estate plan or when a Will is not valid or cannot be located, the deceased person’s estate (unless it is deemed to be a small estate) typically must be administered.  If this is the case, someone will need to qualify before a deputy clerk of the Circuit Court to serve as Administrator.  Within four months after that qualification,

an Inventory will be filed.  Payment of debts and expenses occurs.  Within 16 months after qualification, an Accounting will be filed.  Heirs and their inheritance are determined according to the intestacy laws of the Commonwealth of Virginia.

When an individual passes away leaving a valid Will (without a trust or with a trust that is

not fully funded), the Will typically is recorded and the deceased person’s estate, depending on its size and the assets involved, may need to be formally probated.  If so, one or more designated individuals will qualify before a deputy clerk of the Circuit Court to serve as Executor(s).  An Inventory will be filed, debts and expenses will be paid, and one or more Accountings will be filed.  Beneficiaries and their inheritance are determined according to

the decedent’s personal desires set forth in the Will.

Ms. Kessinger can provide clients with assistance in navigating the processes generally described above.