As an Estate Planning and Probate Attorney I handle many cases a year involved in litigation where real estate is involved.  Too often individuals try to prepare a Last Will without an attorney, or fail to prepare a Last Will, resulting in substantally more expense to the ones they love.  Utlimately, this costs the beneficiaries (this is the people they love such as a spouse, children, parents) a lot more then they would have spent for an attorney to draft the Will, and supervise the Will signing.  For example, in Virginia if you do not have a Will the Adminitrator (also referred to as Executor  - this is the person in charge of your property after you die) does not have the authority to sell real estate. 

Imagine the situation where a spouse, and children from different marriages all own real estate which they inherited from the decedent (this is the person who died).  It can be difficult for these individuals to agree to anything.  Although all of these individuals have the right to occupy the real estate, the reality is they will not be willing to live under the same roof.  So basically you may be the owner of a partial interest in real estate which is almost impossible to sell. 

You can go through a partition suit (a suit to force the sale of the real estate), but this is expensive.  Additionally, the Administrator (this is the person in charge of property when there is not a Will) may ask the Virgnia Circuit Court to grant the Administrator the power to sell the real estate.  A motion with the Virginia Circuit Court (this is a request to the court) should be filed by the Administrator asking for the power to sell real estate (this is allowed under Virginia Code 64.1-57 and 64.1-57.1).  In my experience Fairfax County Circuit Court, and been very liberal in granting these requests.  Fairfax County Circuit Court went under major renovation.  The Fairfax County Probate Office is now located 4110 Chainbridge Road, Room 410, Fairfax, VA  22030.  

A well drafted Last Will and Testament would include the power to sell real estate which would avoid the above problems.  If you need assistance in preparing a Will, or knows someone who needs assistance in preparing a Will please call me.  I reside in Haymarket, Virginia.  My contact information is Laura Moldowan, Dominion Wealth Law, PLLC, 14535 John Marshall Hwy, Suite 102, Gainesville, VA  20155.  (703) 753-2305, www.Dominionwealthlaw.com.

I am a Probate and Estate Planning Attorney (and CPA) and assist clients with the Probate process that occurs after a loved one dies (most of the time real estate is involved).  Often the family members are confused and anxious after they have lost a loved one.  Probate is the process (which has court oversight) where all of the assets of the decedent (this is the person who died) are determined, the creditors are paid and the remaining assets are distributed to the beneficiaries (these are the family and friends who receive property).  Usually, a family member is appointed by the court to be "Executor."  This is the person in charge of managing the assets and the Executor files different reports with the Court. 

Often times I find that clients are anxious and upset about the loss of the loved one, nervous about family relationship and roles that will change.  In addition, many clients I meet with are also nervous about going to court and sitting before a judge.  However, most cases never go into the court room before a judge.  My clients are often relieved to learn that to become Executor they meet with someone who is friendly, and sits in an office behind a desk (the Probate Clerk).  The Prince William County courthouse is located at 9311 Lee Avenue, Manassas, Virginia, which is in Old Town Manassas.

The families of the decedent (the one who died) are always anxious to finish with the probate process.  The sooner the probate is finished the family members can heal and move forward in their lives.  One of my goals as a Probate Lawyer is to move the probate process along quickly and relieve the stress of my clients who serve as Executor.  Moving the process along has been complicated by the slow down in the real estate market.  Since it now takes longer to sell a home, it often takes longer to complete the probate process.  Finding a realtor who knows the geographic area, knows short sales, and can negotiate with banks can be a great help to a probate lawyer.   

Having a knowledgable estate planning attorney, realtor, and appraiser eases the burden of the Executor.  If you know someone who needs assistance serving as Executor, please feel free to contact me, as follows:  Laura Moldowan, Dominion Wealth Law, PLLC, 14535 John Marshall Hwy, Suite 102, Gainesville, VA  20155.  (703) 753-2305.  www.dominionwealthlaw.com.

I LOVE LIVING NEAR WHERE I WORK.  Your commute to work definitely has an impact on where you decide to live.  I was born in Washington, DC, and have lived in Northern Virginina, all of my life.  Over the years traffic has become unmanageable.  For 7 years I lived in Centreville, VA and commuted into Washington, DC.  That was a 3 hour round trip commute.  That was about my limit for commuting time.

My husband loved the new construction, and the golf course communities in Haymarket, Virginia.  The homes are lovely but the road construction on 66 made commuting a nightmare.  Working in Washington, DC, was out of the question for me.  I have spoken with a number of people who handle the sometimes 4 hour round trip commute. 

About a year ago I decided to set up my law practice in Gainesville, Virginia which is just 5 minutes from the back gate of my community (I live in Piedmont Community, in Haymarket, VA).  What a lifestyle change.  Going from a 3 hour commute to a 5 minute commute.   

I am Probate and Estate Planning Lawyer.  I find that clients are genuinely please to find an attorney who specializes in Probate and Estate Planning nearby.  Since I have regained so much of my life (now that I am not commuting), I am more than glad to make evening and weekend appointments.  Upon request, I have met some of my clients in the convenience of their home, including clients in Haymarket, Bristow, Gainesville, Manassas, South Riding, and other cities in Prince William County.  

If someone you know needs assistance with Wills, Trusts, Probate (this happens on the death of a loved one) please have them call me.  My contact informaton is Laura Moldowan, Dominion Wealth Law, PLLC, 14535 John Marshall Hwy, Suite 102, Gainesville, VA  20155. (703) 753-2305.   www.Dominionwealthlaw.com

As an Estate Planning and Probate Attorney I handle many cases a year involved in litigation where real estate is involved.  Too often individuals try to prepare a Last Will without an attorney resulting in substantally more expense to the ones they love.  Utlimately, this costs the beneficiaries (this is the people they love such as a spouse, children, parents) a lot more then they would have spent for an attorney to draft the Will, and supervise the Will signing.  For example, in Virginia if you do not have a Will the Adminitrator (also referred to as Executor  - this is the person in charge of your property after you die) does not have the authority to sell real estate. 

Imagine the situation where a spouse, and children from different marriages all own real estate which they inherited from the decedent (this is the person who died).  It can be difficult for these individuals to agree to anything.  Although all of these individuals have the right to occupy the real estate, the reality is they will not be willing to live under the same roof.  So basically you may be the owner of a partial interest in real estate which is almost impossible to sell.  Who is going to buy a partial interest in real esate that they would need to share with people who they are unrelated to, and would not be in control of the sale.  

You can go through a partition suit (a suit to force the sale of the real estate), but this is expensive.  Additionally, the Administrator (this is the person in charge of property when there is not a Will) may ask the Virgnia Circuit Court to grant the Administrator the power to sell the real estate.  A motion with the Virginia Circuit Court (this is a request to the court) should be filed by the Administrator asking for the power to sell real estate (this is allowed under Virginia Code 64.1-57 and 64.1-57.1).  In my experience Fairfax County Circuit Court, and been very liberal in granting these requests. 

A well drafted Last Will and Testament would include the power to sell real estate which would avoid the above problems.  If you need assistance in preparing a Will, or knows someone who needs assistance in preparing a Will please call me.  I reside in Haymarket, Virginia.  My contact information is Laura Moldowan, Dominion Wealth Law, PLLC, 14535 John Marshall Hwy, Suite 102, Gainesville, VA  20155.  (703) 753-2305, www.Dominionwealthlaw.com.

Everyone over the age of 18 should have a Last Will and Testament (or sometimes a Revocable Living Trust) to protect the ones they love, especially if they own real estate.  I have lived in Virginia since I was born, and the events of 911 remind me how vulnerable we can be.  After I heard the tragic news I frantically rushed home from DC to my children in Centreville.  One of the things that stuck me as ironic was how gorgeous the weather was, amidst a great tradegdy.  The day was such an exceptionally clear blue day.  A few nights ago I was watching the news on September 11, 2008, commemorating the individuals lost in the World Trade Center, and the Pentagon. 

Congress established a Victim's Fund to compensate the families of the Victims.  However since approximately only 20% of those who died in the tradgedy had Wills in place, administering the fund to determine who was entitled to compensation was a mess.  Who should get the money?  The first spouse? The second spouse?  The siblings? The mistress?  The same sex partner? 

By establishing a Last Will and Testament this serves as a final expression of your wishes, and lets the world know your intentions.  A Will simply says where your property (real property or personal property) goes if you die, and you decide the person in charge of your property who is called the "Executor."  I live in Haymarket, Virginia, and my law firm Dominion Wealth Law, PLLC, is located in Gainesville, Virginia.  If you live in Prince William, Fairfax, or Loudoun County, and need assistance with a Last Will and Testament I can help you.  My firm also prepares Living Wills, and Durable Powers of Attorney.  I can be reached at 703 753-2305, or www.Dominionwealthlaw.com.  The address is 14535 John Marshall Hwy, Suite 102, Gainesville, VA 20155.