- Divorce
- Child Custody and Visitation
- Adoption
- GuardianshipMost parents are aware of the need to appoint a guardian for their children in case of their deaths before the child reaches 18. This is accomplished in a properly executed will. A guardian is responsible for the person of the child: what he/she eats and wears; where the child lives and goes to school. Thought needs to be given to the estate of the child; that is, the inheritance that the child will be receiving. Guardianship does not automatically include control of the child’s financial assets.
- Spousal SupportIn Virginia, as in most states, a marital agreement can be entered into before or after marriage. It can cover a variety of topics but commonly addresses issues pertaining to the disposition of property upon separation, divorce or death of the parties, including spousal support. The agreement and any amendment thereto must be in writing and signed by both parties. Commonly, lawyers will require a list of assets and liabilities of the parties as an attachment to ensure that the agreement has been entered into with full disclosure. Each of the couple should have his/her own lawyer to avoid conflict of interest.
- Wrongful DeathSeasoned in representing each side in trust and estate conflicts, we handle such matters as will contests and challenges, compelling and defending accountings, breach of fiduciary duty, trust reformation, power of attorney, wrongful death claims, guardianship filings, and many more issues that come before the courts.
- Theft
- MisdemeanorsVirtually all household guns, such as hunting rifles, sporting shotguns, revolvers and semi-automatic pistols, are non-NFA weapons. However, regulations still apply and can be traps for the unwary. For example, it is unlawful for certain persons, known collectively as “prohibited persons,” to possess firearms, and it is a felony to transfer a firearm to a person who the transferor knows or “has reasonable cause to believe” is a “prohibited person.” The prohibited person list includes anyone who has ever been convicted of a crime punishable for more than a year; is an unlawful user of or addicted to any controlled substance; has been adjudicated as a mental defective or committed to any mental institution; has ever renounced his/her US citizenship; is subject to a court order restraining the person from harassing, stalking or threatening an intimate partner or child of the intimate partner; or who has been convicted of a misdemeanor crime of domestic violence.
- Corporate LawAn expert in the fields of tax, trust and estate planning, probate, trust and estate litigation, and general business and corporate law, Dan Smith received his law degree from the University of Virginia Law School and his undergraduate degree from Indiana University at Bloomington.
- Business DisputesAttorneys Dan Smith, Frank Pugh, and Jonathan Nelson are available as speakers on the subjects of estate planning, trust administration, probate, and business law. They also address legal issues specific to charitable and nonprofit organizations.
- Employment Contract
- Citizenship and Naturalization
- Auto Accidents
- Estate PlanningWe focus on providing you the information and guidance you need to make informed decisions about deeply personal matters concerning end of life and estate planning, so that your intentions are met and your legacy is fulfilled.
- WillsThe term “Probate” derives from the Latin Probatio meaning “proof.” The term came to be applied specifically to proof of wills. In common practice, when a person dies, the proponent of a will takes it to court (usually a probate clerk) and “proves the will”; that is, the proponent submits the will as the true and authentic last will and testament of the deceased person (the “decedent”). In addition, a death certificate or an obituary notice must be produced and a “list of heirs,” which consists of the names and addresses of the people who would take an estate if the decedent died without a will.
- TrustsWe offer the personal attention, wise counsel, and customized legal services fiduciaries, beneficiaries, and heirs need to address the many complex issues surrounding probate and estate and trust administration.
- Power of AttorneyEach state has statues giving rights to a surviving spouse to elect a portion of the estate of his/her deceased spouse and to override provisions in a will. Such an election can disrupt a well-considered estate plan intended to benefit the children of the decedent. A marital agreement can specify the rights of the surviving spouse in the estate of the deceased spouse in return for a waiver of the statutory right of election. It can also contain provisions concerning who may serve as agent under a power of attorney and medical directive and as executor of the decedent's estate. These can be very divisive issues in blended families.
- ProbatePracticing estate law together for more than 35 years, Daniel D. Smith and W. Franklin Pugh bring invaluable expertise and experience in estate planning, trust and estate administration, probate law, trust and estate litigation, and the formation and preservation of closely held businesses. Jonathan A. Nelson has practiced law in Northern Virginia since 2007 and with Smith Pugh & Nelson, PLC, since 2019. A skilled litigator, strong negotiator, and committed advocate for his clients, he handles estate planning, probate, and trust administration in addition to business, contract, and property matters. Christopher S. Woodruff joined the firm in 2021, and provides professional guidance to clients in the areas of estate planning and estate and trust administration.
- Bankruptcy
- ForeclosureIf husband and wife signed a mortgage as owners of the residence and one of them dies, the survivor continues to be liable for the mortgage debt. The survivor may be able to adjust payments to manage the debt burden, but failure to make the required payments could lead to foreclosure.
- Tax LawSince the concept of portability is now part of the law, not everyone will need the complexity of the A-B trust structure in order to take advantage of his or her estate tax exemption. Portability allows the surviving spouse to use the unused estate tax exemption of the first spouse to die. Be careful, however. While it is seductively simple and inexpensive to leave all assets outright to the surviving spouse and plan on his or her use of portability to avoid estate taxes, trusts offer many more advantages than tax planning. Continuing to use trusts allows you the assurance that your assets will be used and distributed as and to whom you wish and offers other advantages such as asset or creditor protection and generation skipping.