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Guardianship & Trust Wills in Virginia
Guardianship and Trust Wills in Virginia
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A Guardianship and Trust Will is the type of Last Will and Testament used by the parent(s) of minor age (under 18) children. Like a Simple Will, a Guardianship and Trust Will allows you to specify exactly where or to whom you would like your assets to go and allows you to name an Executor. It also allows you to name potential guardians for your minor age children in the event the death of both parents.
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What happens if I don`t have a Guardianship and Trust?
Your family might fight over custody and in the end the Commonwealth of Virginia will determine who becomes the legal guardians of your children.
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What else do I need?
Having a guardianship and trust is good but it does not help you with avoiding probate. In order to keep your estate and your assets out of probate, you might want to consider a revocable living trust.
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The attorney and counsellors at Northern Virginia Trusts and Estates are experts at providing affordable, but professional legal services to Virginia residents including Vienna, Arlington, Alexandria, Fairfax, McLean, Centreville and Sterling. Our offices are in Vienna, VA but we provide quality estate planning services to all of Northern Virginia. Contact us to schedule a free estate planning consultation.
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Legal Topics: Virginia Guardianship & Trust Revocable Living Trusts Avoiding Probate
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Why a Guardianship and Trust Will Matters in Virginia
A Guardianship and Trust Will gives you control over who will care for your children and how their inheritance will be managed. Without this type of Will, the court decides both issues based on state law, which may not match your wishes. Creating this document gives your family clarity and protects your children’s financial and personal future.
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How Guardianship Decisions Work in Virginia
When parents name a guardian in their Will, Virginia courts generally honor that choice unless there is a significant reason not to. If no guardian is named, the court selects one based on the best interests of the child. This can lead to delays, conflict, and outcomes you may not want.
What Is a Testamentary Trust in a Guardianship and Trust Will?
A testamentary trust is created through your Will and becomes active only after your passing. It allows a trustee you name to manage assets for your children until they reach the age you choose. This helps ensure funds are used for education, health needs, and general support rather than being distributed in full at age 18.
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When Should Parents Create or Update a Guardianship and Trust Will?
Most parents create a Guardianship and Trust Will after having a child, but it’s important to update it when life changes. This includes marriage, divorce, or choosing new guardians or trustees. Keeping it current ensures your instructions remain clear and enforceable.
Frequently Asked Questions
Do both parents need a Guardianship and Trust Will?
Yes. Each parent needs their own Will. You can choose the same guardians and trustees, but the documents must be separate.
Can the guardian and trustee be different people?
Yes. Many parents prefer one person to care for the children and another to manage financial matters.
What age should children receive their inheritance?
Parents can choose any age they feel is right. Some choose 18 since it’s the legal age of adulthood, but many prefer 21, 25, or even later because it gives kids more time to mature.
Can I update my Will later?
Yes. You can revise your Will at any time. Keeping it updated makes sure your wishes stay clear and legally valid.
Does a Guardianship and Trust Will avoid probate?
No. A Will still passes through probate. If avoiding probate is a priority, a Revocable Living Trust may be a better fit.
Schedule Your Free Estate Planning Consultation
Contact Northern Virginia Trusts and Estates today to set up a free consultation. We’ll help you understand your options, answer your questions, and create a plan that protects your children and reflects your wishes.