If you’re starting a family, have children, planning for retirement, or own a business, having a comprehensive estate plan isn’t just a good idea—it’s a smart move you cannot afford to skip.

At Smith, Barden, Bradley & Wells, PC, we help you create estate plans that protect your assets, support your loved ones, and give you peace of mind.

Estate Planning in Virginia

Many people put off estate planning, thinking it’s only for the wealthy or that a simple will is enough. But the truth is, estate planning is about making sure your wishes are honored, your loved ones are protected, and your hard-earned assets are transferred smoothly and efficiently.

A well-crafted estate plan doesn’t just cover who gets what—it can also:

• Appoint trusted decision-makers if you become incapacitated
• Avoid unnecessary taxes and probate headaches
• Protect your children and vulnerable loved ones
• Ensure your business can continue operating without costly delays

Here are a few key reasons estate planning is especially important in Virginia:

Blended Families:
In second marriages or blended families, Virginia law often splits your estate in ways you didn’t intend. If you have children from a prior marriage or relationship, those children automatically receive ⅔ of your estate, and your spouse only receives ⅓—unless you have a clear plan in place. Without proper planning, your spouse may not be financially secure, and family tensions can arise.

Business Owners:
If you own a small business, your death can temporarily freeze all your business assets and bank accounts until the court appoints an executor or administrator. Many people don’t realize that having a will alone is not enough—it won’t prevent your business from being shut down or unable to access bank accounts to pay employees. Our first priority with business owners is always to avoid probate and ensure a smooth transition, so your business can continue operating and maintain its value during this difficult time.

Parents of Young Adults:
If you’re a parent, you may not want your kids to receive their entire inheritance at age 18, when they may not be ready to manage it responsibly. Thoughtful planning can delay distributions until they’re mature enough to handle them. Parents also need to appoint guardians, not just for upon your death, but if you are incapacitated or unavailable, and your child needs medical treatment or requires legal documents.

Healthcare and Incapacity Decisions:
Estate planning isn’t just about your assets—it’s about your voice and your wishes. With advance medical directives and powers of attorney, you can designate who will make critical healthcare and financial decisions if you’re unable to do so yourself. Without these documents, your family may face a long and expensive court process to obtain guardianship—which can take six months or more—leaving them unable to access your bank accounts and financial assets in the meantime. A power of attorney ensures your family can act immediately and avoid unnecessary delays and legal battles.

Creating an Estate Plan in Virginia

Our estate planning attorneys assist clients with the following estate planning tools:

• Wills
• Living wills
• Testamentary trusts
• Durable powers of attorney
• Advance medical directives
• Guardianship/conservatorship
• Business succession plans
• Wealth preservation counseling
• Asset protection counseling

Avoiding Probate

Many people are surprised to learn that simply having a will does not avoid probate. In Virginia, probate is the court-supervised process of validating your will and distributing your assets. While it’s designed to protect your heirs, it can also be time-consuming, expensive, and public—often taking years to complete. During probate, assets can be temporarily frozen, leaving your loved ones without immediate access to funds. At Smith, Barden, Bradley & Wells, PC, we create estate plans that minimize or even avoid probate altogether, ensuring your family can access what they need quickly and with minimal stress.

What Sets Us Apart

Estate planning is personal—but it doesn’t have to be complicated. At Smith, Barden, Bradley & Wells, PC, we combine trusted legal guidance with modern convenience to make the process feel clear, comfortable, and completely tailored to your life. Whether you’re planning from your kitchen table or the corner office, we offer secure virtual or in-office meetings, easy scheduling online or by phone, and in-house as well as remote notarization—so you can handle everything on your schedule, without disruption to your daily life.. Our team takes the time to understand your values, your family, and your goals—so your plan works not just on paper, but in real life. We’re here to protect what matters most, with care, clarity, and zero unnecessary stress.

Ready to start planning on your terms? Book your consultation today and take the first step toward peace of mind.

Download Our Free Small Business Owner’s Estate Planning Survival Guide:

Learn:

• How to keep your business running smoothly, no matter what happens
• The key estate planning tools every business owner needs
• How to avoid costly court delays and protect your legacy