Ask the Expert- Get Simple Answers to Your Elder Law Questions
Today's Question was submitted through Avvo.com by a resident of Virginia Beach.
Q: Is a handwritten Will legal in the state of Virginia?
A: Yes,
Virginia is one of the states that allows completely handwritten (called
"holographic") Wills. However, please understand that a Will, whether
handwritten or done by an attorney, puts your estate through the
"nightmare of probate." And it is even a bigger nightmare to have a
holographic Will admitted to probate, because the witnesses to the Will must be
located and must testify to the court that they were familiar with the Will
writer's handwriting and that the holographic Will is in fact the handwriting
of the Will writer (legally called the "Testator").
Furthermore, holographic Wills are a very bad idea
because they lead to numerous mistakes and unintended consequences. Here's an article
about why these types of Wills are such a bad idea.
Lastly, Wills in general, whether holographic or done
by an attorney, are not a good estate planning tool because they put your
estate through the "nightmare of probate," something that most people
would not wish on their worst enemy, much less a loved one. Most people
mistakenly think that a Will avoids probate, but a Will does NOT avoid probate;
a Will causes probate. To avoid probate, which is what almost everyone wants to
do, you need to use a living trust as your primary estate planning tool, and
NOT a Will. There are many types of living trusts, both revocable and
non-revocable, used to accomplish specific purposes. So don't be penny-wise and
pound-foolish by cheaping out and doing a holographic Will. Good Estate
Planning with an experienced attorney, using the proper type of living trust,
is the final and one of the most important gifts that you can give to your
loved ones.
Click
one of the following links for more information about Living Trusts and Why Most People Want
to Avoid Probate.
- Evan H. Farr, CELA
About Evan H. Farr, CELA:
Evan H. Farr, Certified Elder Law Attorney
(Licensed in VA and DC)
In
private practice in Fairfax, Virginia since 1987, Evan Farr is widely
recognized as one of the leading Elder Law attorneys in Virginia and one
of foremost experts in the Country in the field of Medicaid Asset
Protection and related Trusts.Evan has been named by SuperLawyers.com as
one of the top 5% of Elder Law and Estate Planning attorneys in
Virginia every year since 2007, and in the Washington, DC Metro Area
every year since 2008.Evan is a nationally renowned author and frequent educator of attorneys across the U.S. As an expert to the experts, Evan has educated tens of thousands of attorneys across the country through speaking and writing for engagements. Read more about Mr. Farr.
Confused About an Elder Law Topic? Not For Long!
We
invite readers to submit questions, and Evan H. Farr, CELA will answer them as
simply and clearly as possible. We will select questions from those submitted
the prior week.
So
whether you want to know the difference between Guardianship and
Conservatorship, about Medicaid and how much you can gift, or how timeshares
are funded into a Trust, Mr. Farr will provide a simple answer for you. Why not ask a question now? Submit your question.
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Upcoming Events |
All events are at The Law Firm of Evan H. Farr, P.C., 10640 Main Street, Suite 200, Fairfax, VA 22030. RSVP today! We hope to see you there. Find out more details.
Thursday, February 7:
Heart Month Event
RSVP
Saturday, February 16:
Living Trust Plus Seminar: How to Protect Your Assets from the Expenses of Probate and Long Term Care
News Especially for You!- Senior News Corner
Surgeons Implant Brain Stimulators for Alzheimer's Patients
Last month, researchers at Johns Hopkins surgically implanted a stimulator into the brain of a patient in the early stages of Alzheimer's disease. This is the first surgery of its kind for an Alzheimer's patient in the United States. The implanted device is seen as a possible means of boosting memory and reversing cognitive decline, and has already been used in thousands of people with Parkinson's.
Alzheimer's slowly robs its victims of a lifetime of memories and the ability to perform simple daily tasks. Instead of focusing on drug treatments, many of which have failed in clinical trials, the research focuses on the use of the low-voltage electrical charges delivered directly to the brain.
Forty patients are expected to receive the deep brain stimulation implant over the next year or so at Johns Hopkins and four other U.S. institutions. Only patients whose cognitive impairment is mild enough that they can decide on their own to participate will be included in the trial.
The surgery involves drilling holes into the skull to implant wires into the fornix on either side of the brain. The wires are attached to a brain stimulator device, which stimulates the brain with tiny electrical impulses generated 130 times a second. The patients don't feel the current.
While experimental for Alzheimer's patients, more than 80,000 people with the neurodegenerative disorder Parkinson's disease have successfully
undergone the procedure over the past 15 years. These Parkinson's patients have reported fewer tremors and often require lower doses of medication afterward. Other researchers are testing deep brain stimulation to control depression and obsessive-compulsive disorder, both of which are resistant to other therapies.
We here at the Fairfax Elder Law Firm of Evan H. Farr, P.C. are pleased to see all of the advances in treatment options for those who suffer from the brain-destroying disease, Alzheimer's. Evan H. Farr is a Certified Elder Law Attorney with a focus on the financial and legal issues surrounding Alzheimer's disease. If you or a loved one suffers from Alzheimer's Disease, call us at 703-691-1888 to make an appointment for a complimentary consultation.
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Mailing Address |
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10640 Main Street
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Fairfax, VA 22030 |
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