The bond between grandparents and their grandchildren is a special one. However, in situations involving divorce, illness or death, family strife, or estrangement, a grandparent may be unable to see their grandchild. Depending on the circumstances, grandparents in Virginia may have rights to cust...
If you're considering writing out your last will and testament, congratulations! You're making a sound decision that will help your family in their time of loss. If you are thinking about putting some unconventional requests in your will, you may need to examine the potential pros and cons to ens...
Disinheriting a child from a will means that a parent intentionally excludes the child from receiving an inheritance upon the parent's death. Disinheriting a child is an extreme measure with a ripple effect of consequences. If other siblings remain in the parent's will, significant conflict can a...
Testamentary intent is an important component of a testator's will. Typically, a testator must be “of sound mind” to create a valid will. Many clients want to know if a person with Alzheimer's can change their will. Oftentimes, wills are amended through documents known as codicils. An individual...
A good Fairfax criminal defense lawyer will work tirelessly to understand every detail associated with your case. Skilled criminal defense lawyers know they must absorb the facts of a case to understand how to protect their clients. All criminal cases can be lost or won depending on the facts and...
Domestic violence cases are often contentious, adversarial, and lengthy. It can be frustrating for clients to assess how long it takes to resolve a domestic violence case. You may have been charged with a misdemeanor or a felony, and this can have a significant impact on how long the case remains...
Cell phones contain access to so much of our lives, and it's frightening to realize how they could be used against us if we're stopped by the police. Whether the police can force you to open your phone during a traffic stop or other arrest can get legally confusing. Understanding your rights and ...
Resisting arrest is a complex topic in criminal law. There are rare circumstances when resisting an arrest is justifiable. Only officers granted the power to arrest citizens can make lawful arrests. Therefore, any arrests made by any person who is not a law enforcement officer will likely be an u...
When love and marriage aren't so loving anymore, you may want to protect your assets from going to a spouse in case it's not the right time to divorce. You may wonder if you can disinherit your spouse and what's the process for doing so. However, it isn't easy to cut them out of your will or othe...
Estate taxes can be imposed at both the state and federal levels, but neither Virginia nor North Carolina currently impose an estate tax. The federal estate tax applies to estates that are valued above an exemption amount which is adjusted annually for inflation. For people whose estates may be s...
It's common for a person facing a life-changing situation like divorce to want to share what they are going through with their friends and family online. Yet, social media is not the place to vent or even discuss what is occurring in your divorce proceedings, as it could work against you. Social ...
When parents are no longer together, there may be valid reasons for one parent to want to change the child's name. While it is possible to change a child's name in Virginia, parents do not have free reign to do it and a court has the discretion to approve or deny a name change petition. If both o...
Under Virginia law there are times when Commonwealth Attorneys (prosecutors) can elect to have a child charged with a criminal offense tried “as an adult.” When a minor is in that situation, the stakes are high, not just for their liberty but for their future. Keep reading for more from our trust...
There are many ways for a person to structure their estate plan. Sometimes a Last Will and Testament is sufficient, other times, a Revocable Living Trust is required to ensure that assets are divided pursuant to a person's intent. Regardless of which estate planning vehicle is used in your plan, ...
Written by Ben Brasfield, a native Virginia attorney who focuses on criminal law There's no one specific way to defend against a domestic violence charge. Each case is unique and depends upon the particular facts and circumstances of the relationship. The consequences of a conviction for domestic...
If you're facing a charge for driving under the influence of alcohol or drugs, you have the right to a defense. However, the idea of going to court to fight a DUI charge can be intimidating, and many people wonder if it's worth the time, effort, and money. There's no easy answer here — it depends...
Police can detain you for as long as it takes them to conduct an investigation, but every encounter with police is different and can result in a longer detention period. It's important to know your rights and how long you can be detained by the police. Keep reading to learn how long you can legal...
Like DUIs, many assume there is no defense against a reckless driving charge. Changing your mindset about this is critical because these charges have severe consequences in Virginia, ranging from significant fines to losing your driver's license and potential jail time. When you face a reckless d...
Alimony, also known as spousal support, is a set of court-ordered financial payments made from one spouse to the other during divorce proceedings (called pendente lite spousal support) or after a divorce or both. These payments usually occur on a monthly basis and may be ordered either indefinite...
Bringing up a prenuptial agreement (generally called a premarital agreement in Virginia) to your soon-to-be spouse might feel unromantic, but in a state with the 14th highest divorce rate in the country, it should be a consideration for many couples. A Fairfax family lawyer can help you understan...
Asset division is a major part of any Virginia divorce. From real estate to investments, nearly everything owned by spouses must be divided between them. There are two ways in which asset division may be determined during the divorce process: by a mutual agreement between the spouses, or by allow...
Estate planning is critical in terms of protecting assets and ensuring your wishes are carried out. Although you may be an adult that has a plan in place, do your parents? The older a person is before getting a plan in place, the greater the risk that they will not have the capacity to sign their...
Settling the estate of a loved one after they pass away is complicated and emotional, even when they have a will. For families whose loved one dies without a will, the probate process and allocating their assets becomes even more complex. Dying without a will A will outlines how you want your as...
Virginia permits spouses to hold property in a number of ways, some of which offer additional creditor protections unique to married couples. However, regardless of how the property is titled during the lifetime of the married couple and the additional protections it may afford, how property is h...
You've worked hard to build a secure financial future. Unexpected events can put that security at risk, so it's important to have a plan in place that will help protect your assets and ensure their distribution according to your wishes. One way to do this is with a revocable trust. A revocable tr...
Select Law Partners, PLLC is committed to answering your questions about Family Law, Estate Planning and Criminal Defense law issues throughout Virginia.
We'll gladly discuss your case with you at your convenience. Contact us today to schedule an appointment.