Dedicated Effective Legal Services In Northern Virginia

The Law Office of Maria T. Patente PLLC is dedicated to protecting client rights and promoting prosperity through a variety of legal services, including special needs law, elder law, estate planning, probate, housing law, and consumer protection law. As an attorney, I prioritize creating value for clients such that the benefits of services outweigh the legal costs. Whether you are seeking an attorney to represent you in Virginia Courts or you seek to prevent legal problems from arising or escalating, you will find the advocate you need at the Law Office of Maria T. Patente PLLC.

Many legal issues in elder law, estate plans, and housing can be resolved without a trial. If a trial before a judge, jury, or administrative agency becomes necessary though, I am absolutely prepared to represent clients to the fullest extent of the law. Call today for an initial consultation with an attorney dedicated to protecting your rights and prosperity.

Elder Law & Estate Planning

You can prevent many legal dilemmas that arise due to aging or illness by consulting with an attorney while you are still managing your affairs. A comprehensive estate plan addresses more than the distribution of property after your death. It also provides guidance and legal authority for designated agents to assist you in times of vulnerability or illness.

Estate Planning

Estate planning preserves wealth and peace of mind. It enables one to protect the people and parts of life that one cherishes even after one becomes disabled or dies. Estate planning should involve more than plans for burial and the distribution of wealth. Your plan should involve appropriate strategies to care for family members while also reducing taxes, eliminating probate complications, and planning for your own incapacity, illness, and emergencies. For most people, your estate plan should also include digital asset planning, including cryptocurrencies, domain names, and various other online accounts. Most aging or elderly people also benefit from planning for long-term care, evaluating insurance plans, planning for retirement distributions, public benefit planning, making housing arrangements, and executing essential life planning documents.

Estate Planning- Wills and Trusts

A Last Will and Testament ensures that your wealth will be distributed according to your wishes rather than the default laws of intestacy in Virginia. A will is especially important for certain people. Those who need to designate guardians for a young child should always have a will. A spouse who is planning for a disabled spouse with a Special Needs Trust must create that trust in a will. Also, people with blended families and extended families should always have a will or important people would likely be disinherited. A “pour over will” ensures that nothing passes according to the laws of intestacy. For many people the cost of probate is small compared to the cost of creating, funding, and administering a trust.

Trusts are effective estate planning instruments for managing financial matters during life and after death. There are at least three situations when trusts should be a key part of an estate plan. Firstly, trusts are advantageous for people with real property in more than one state because they eliminate the need for probates in different courts. Secondly, people who desire privacy for their wealth distribution prefer to distribute through trusts because they do not create a public record. Thirdly, people planning for vulnerable people such as minor children, spendthrifts, or people with disabilities can arrange for the trustee to manage the funds and make payments over time.

Trusts provide an enormous amount of flexibility for the grantor, (the person who creates the trust) as long as the trust is drafted well, properly funded, and managed by a capable trustee. This flexibility means that trusts can be used for countless purposes in addition to wealth distribution. Trusts are frequently used for public benefit planning, minimizing taxes, distributing retirement benefits equitably, and sheltering assets from creditors.

Estate Planning- Life Plans

Life plans are as important in estate planning as burial plans and wealth distribution. Two documents that everyone should include in an estate plan are the Durable Power of Attorney and Advanced Medical Directive. These documents usually eliminate any Court involvement if you should become unable to manage your affairs because you already authorized agents to act on your behalf. Even a short hospital stay could create chaos if a person did not execute Durable Power of Attorney and then became unable to pay bills while hospitalized.

Conservatorship and guardianship proceedings are usually necessary if a person becomes incapacitated and did not execute a Durable Power of Attorney. The petitioner should hire an attorney. The court always appoints an attorney as Guardian Ad Litem for the incapacitated person. Sometimes, the court will also require a separate attorney to advocate for the desires of the allegedly incapacitated person.

Guardianship and conservatorship proceedings are ultimately paid for either by the petitioner or from the assets of the incapacitated individual. Unlike agents under a Power of Attorney and Healthcare Power of Attorney , guardians and conservators are subject to oversight and annual filing requirements with the Commissioner of Accounts. Judges usually require conservators to post bonds with surety, which must be renewed annually. Consequently, if a person can identify trustworthy people as agents, they should work with an attorney to customize a Durable Power of Attorney that will meet their needs as they age.

Proactive Elder Law

Consulting with an attorney proactively usually reduces the complications and expenses for other matters that often arise with aging, such as finding suitable senior housing, qualifying for public benefits, tax-favored retirement distributions, and insurance matters. By planning ahead, you can reduce risk and expenses and ultimately manage foreseeable needs of aging consistent with your lifestyle and financial means. Call to learn more about elder law and estate planning services at The Law Office of Maria T. Patente PLLC.

Housing Law

Consulting with an attorney before taking action can greatly benefit landlords and tenants alike. Many residential housing problems can be resolve with counseling or negotiation without the cost of litigation, court costs, and penalties. If you are a landlord or tenant in a residential tenancy, call The Law Office of Maria T. Patente PLLC for knowledgeable and effective legal advice.

You can afford a dedicated attorney to champion your cause. In every case, The Law Office of Maria T. Patente PLLC strives to create value for clients that outweighs the cost of legal services.

Legal Services