Stages of Life & Estate Planning: 529s and Estates

by Jonathan A. Nelson

Education savings plans authorized by Section 529 of the Internal Revenue Code are a popular investment tool designed to make education more affordable by providing a series of tax benefits, when everything goes right.

Everything does not always go right.

By way of background, a 529 account is established by one or more Contributors (who upon providing the assets has made a completed gift which can thereafter grow tax free) and is held and administered by an Owner who does not have to be the Contributor.  The account has a Designated Beneficiary, and withdrawals from the account by the Owner are tax-free if then expended for qualifying education expenses of the Designated Beneficiary.  If the Designated Beneficiary ages out or does not need the funds, the Owner can change the Designated Beneficiary (usually to another family member to avoid tax consequences); thanks to a recent change in law, the Owner can now instead roll the account over to a Roth IRA for the Designated Beneficiary.  However, the Owner has full control of the account and can intentionally disregard the beneficiary designation if willing to pay the tax penalties for doing so.

One particular contingency is not well covered by law: if the Owner passes away and has not designated a successor Owner of the account, it becomes part of the deceased Owner's probate estate.  The Owner's Executor then has control of the 529 account, and not only can disregard the beneficiary designation, but may be required by state law to do so where creditors have not been paid or residuary beneficiaries have not consented to distribution of the account in a form continuing to benefit the Designated Beneficiary.

I suggest a few actions to help avoid this result:

1. Designate one or more successor Owners for any 529s you control.  This makes the change a non-probate transfer.

2. If you have a trust, consider making the Trustee the Owner or successor Owner.  Besides solving the succession problem, this allows greater continued control over the benefit the accounts provide, and it may be advantageous to have assets which can grow without the trust incurring income tax liability.

3. Include language in your will or trust specifically affirming 529 accounts continuing to be for the benefit of the Designated Beneficiary and giving the Executor or Trustee authority for Owner actions, including designating a new Owner.  (These provisions will be state specific and need to be tailored to how probate in your state needs to be concluded.)

Next in this series: Emptying the Nest

Virginia attorney Jonathan A. Nelson uses his extensive legal knowledge and trial experience to resolve conflicts, negotiate settlements, navigate compliance matters, and vigorously advocate in the courtroom in order to achieve the best possible outcomes for his clients. He practices in estate planning, probate, trust and estate administration, corporate law, and civil litigation related to these fields.

The attorneys of Smith Pugh & Nelson, PLC, offer the experienced counsel, personal attention, and customized legal services needed to address the many complex issues surrounding estate planning, probate, and trust administration. Contact us at (703) 777-6084 to schedule a consultation.

LAW UPDATE: Virginia Court of Appeals Underscores the Importance of Estate Planning ‘Boilerplate’

Fiduciary litigation can get very tangled.  In Kosmann v. Brown, decided July 23, 2024, the Virginia Court of Appeals addressed a case where a principal (“Brown”) signed on the same day a power of attorney and a revocable trust which gave certain authority over the trust to the holder agent under the power of attorney (“Monroe”).  After Brown became incapacitated, Monroe signed an amendment to the trust under the putative authority of the power of attorney cutting out the other beneficiaries in favor of herself, changing the successor trustees, and making the trust irrevocable so the changes would be permanent.

The Loudoun County Circuit Court resolved the matter before trial on purely legal grounds, determining that the action taken was outside the authority granted by the trust to an attorney-in-fact, and the Virginia Court of Appeals has now affirmed this finding.  To reach this conclusion, the Court looked in detail at the exact language of the trust and of the power of attorney and took a deep dive into the definitions built into Virginia’s versions of the Uniform Trust Code, the Uniform Powers of Appointment Act, and the Uniform Power of Attorney Act.  

The Court pointed to a few general things: (1) the trust instrument controls over a power of attorney as to whether the power of attorney can be used to change the trust, (2) an attorney-in-fact is limited to the grant of authority in the power of attorney even if the trust would otherwise allow an action, and (3) a court will look to who the ‘powerholder’ is in determining whether a power of appointment has been exercised.  

The Court also included a veiled warning to the parties - if this matter were to go back for trial, the validity of the trust amendment would still hinge on the factual question of whether the attorney-in-fact acted within the expectations of the principal, in the best interests of the principal, and in good faith.

All of those are important points for fiduciary administration and litigation.  For estate planning, this decision underscores the importance of the administrative ‘boilerplate’ language in your documents.  The Court’s result hinged on the trust’s prohibition on an attorney-in-fact exercising a power of appointment, but the finding could have been very different if the language was broader or more narrow. 

Your estate planning attorney can assess what is important or helpful for your circumstances and draft or make changes to your documents as appropriate. In my practice, I frequently customize documents for a client’s specific situation. It might be to avoid a foreseeable conflict; add extra instructions particular to a complicated asset; or give a fiduciary flexibility for changes in circumstances which may arise far in the future.  You should regularly review the terms of your documents, and whether they make sense with the people in your life, because you know them better than your attorney does. Talking through your questions with an experienced estate planning attorney will help make sure the documents you have in place work out the way you intend.

Virginia attorney Jonathan A. Nelson uses his extensive legal knowledge and trial experience to resolve conflicts, negotiate settlements, navigate compliance matters, and vigorously advocate in the courtroom in order to achieve the best possible outcomes for his clients. He practices in estate planning, probate, trust and estate administration, corporate law, and civil litigation related to these fields.

The attorneys of Smith Pugh & Nelson, PLC, offer the experienced counsel, personal attention, and customized legal services needed to address the many complex issues surrounding estate planning, probate, and trust administration. Contact us at (703) 777-6084 to schedule a consultation.

Stages of Life & Estate Planning: Young Families

by Jonathan A. Nelson

As mentioned in my post on nonmarital relationships, marriage is something for which Virginia law has default rules. These rules are mostly balanced and usually not bad rules, but they may be different from what you want or expect, and can be a bit cautious and therefore inefficient, particularly where potential conflict is involved. Estate planning documents can deal better with most circumstances. 

If you die married with no children and no planning documents, your spouse would get everything and be administrator of the estate (as long as he or she didn't delay qualifying). Even a bare-bones will, however, can reduce the time and expense of administration, avoid third parties’ ability to step in, and provide order in a difficult time.  In addition, the will can provide contingency planning, provide for other people or causes important to you, and avoid losses with assets requiring active management (such as a rental property or business entity) or which are complex or sentimental.

If you have a prenup or a prior marriage, you may need a will (or even a trust) to fulfill your obligations. Powers of attorney and medical directives are useful for spouses to assist one another with ordinary tasks and ensure that your rights apply easily in other states if you travel or move.

A will is necessary to appoint guardians for your minor children, and a will or a trust is useful for setting custodians and conditions for the resources they will need should something happen to you. It can even be helpful to name temporary guardians so the children can be placed with an in-state family you choose during the time between your passing and the court's confirmation of an out-of-state guardianship.  These terms in particular need periodic updates.

Started a college savings account for your kids?  That is great, but there are also a few things you need to make sure are taken care of — which I will address in the next article.

Next in this series: 529s and Estates

Virginia attorney Jonathan A. Nelson uses his extensive legal knowledge and trial experience to resolve conflicts, negotiate settlements, navigate compliance matters, and vigorously advocate in the courtroom in order to achieve the best possible outcomes for his clients. He practices in estate planning, probate, trust and estate administration, corporate law, and civil litigation related to these fields.

The attorneys of Smith Pugh & Nelson, PLC, offer the experienced counsel, personal attention, and customized legal services needed to address the many complex issues surrounding estate planning, probate, and trust administration. Contact us at (703) 777-6084 to schedule a consultation.

Stages of Life & Estate Planning: Non-Marital Relationships

by Jonathan A. Nelson

We last looked at Professional Singles and the changing assets and relationships driving decisions.  What happens, though, when someone special comes along, but the relationship isn't headed to marriage or hasn't yet reached that point?  The partners may have assumptions and wishes, but without the formality of marriage, they have to take affirmative steps to define the relationship if they want legal recognition.

Provision for a partner if something should happen can be done with beneficiary designations and a will, but unlike marriage, if the relationship ends but the will isn't changed, Virginia would not automatically cut out the ex. Similarly, a power of attorney or joint account can allow the partners to share responsibilities and assets, but there are few protections if the relationship ends.  Even the question of who keeps the dog or who is responsible for rent may not have a straightforward means of resolution if not documented beforehand.

One particularly important document is a medical directive.  In the event a person cannot make their own medical decisions and does not have a medical directive, there is a statutory list of people authorized to make decisions (Va. Code § 54.1-2986), which includes spouse, adult children, parents, and so on down the line, but if the Significant Other is recognized at all, their priority is after "any other relative of the patient in descending order of blood relationship."  This document is critical for giving a partner power to make medical decisions, and is important for consistency, since not every state has the same order in the default list. 

 In marriage, the law puts in place a number of default rules and protections; in a less formal relationship, some of these can still be acquired through a non-martial partnership agreement, which is enforceable under the rules for contracts.  Topics for the agreement can include expenses, assets and liabilities acquired together, and even pets. There are limits, and the agreement cannot deal with scope of cohabitation, disability, death, or children.

Next in this series: Young Families

Virginia attorney Jonathan A. Nelson uses his extensive legal knowledge and trial experience to resolve conflicts, negotiate settlements, navigate compliance matters, and vigorously advocate in the courtroom in order to achieve the best possible outcomes for his clients. He practices in estate planning, probate, trust and estate administration, corporate law, and civil litigation related to these fields.

The attorneys of Smith Pugh & Nelson, PLC, offer the experienced counsel, personal attention, and customized legal services needed to address the many complex issues surrounding estate planning, probate, and trust administration. Contact us at (703) 777-6084 to schedule a consultation.

Stages of Life & Estate Planning: Professional Singles

by Jonathan A. Nelson

The last Stages of Life post talked about college students and estate plans. Moving forward in life, professional singles (in varying degrees individually) can have significant debt, growing assets, and changing relationships.

As mom and dad tend to become less a part of daily decision-making (though hopefully no less loved), changing the power of attorney and medical directive to someone trusted who has more knowledge of and proximity to the person may make sense. Depending on the assets and debts, a will can control estate costs, facilitate handling increasing assets, and, by naming an executor, prevent creditors from taking control of the estate.

There may also be personal or tax reasons to direct the estate to different beneficiaries than the legal default: without a will, the estate of a person with no spouse and no descendants goes to his or her parents, but leaving the assets to siblings or a family college fund for nieces or nephews may be more tax efficient than sending the money back to the parents’ generation, only to have it come forward again later.

Estate planning outside these documents is also important at this stage: financial accounts need appropriate beneficiary designations; life insurance is inexpensive at this age but can protect cosigners (parents on education loans!) or co-tenants who may be left holding a lease. Although they are not legal documents, a list of major assets and points of contact, bills set on autopay, and means of electronic access to accounts are extremely helpful in the event there is an emergency and someone is stepping in and figuring out what to do.

Next in this series: Non-Marital Relationships

Virginia attorney Jonathan A. Nelson uses his extensive legal knowledge and trial experience to resolve conflicts, negotiate settlements, navigate compliance matters, and vigorously advocate in the courtroom in order to achieve the best possible outcomes for his clients. He practices in estate planning, probate, trust and estate administration, corporate law, and civil litigation related to these fields.

The attorneys of Smith Pugh & Nelson, PLC, offer the experienced counsel, personal attention, and customized legal services needed to address the many complex issues surrounding estate planning, probate, and trust administration. Contact us at (703) 777-6084 to schedule a consultation.

LAW UPDATE: U.S. Supreme Court Decision Will Impact Estate Planning With Family Businesses

by Jonathan A. Nelson

The U.S. Supreme Court this week, in Connelly v. U.S. (opinion here), added a wrinkle to estate and succession plans for businesses with only a few owners.  

Estate plans often depend on life insurance proceeds to give one's family (or other beneficiaries) a financial benefit from the decedent's having built a business, but without jeopardizing the future of the company by giving full rights of ownership and management to people unable or unwilling to run the company or perhaps a group who can't efficiently get along.  Some such plans pay the insurance proceeds directly to the company and have the company purchase the decedent's ownership interests back in a forced sale, usually for a price equal to the amount of insurance, thereby increasing proportionally all other ownership interests.  That buyback is a contract matter, and there is usually a mechanism for calculating the price.  

Brothers Michael and Thomas Connelly had such an arrangement for the building supply company they owned together - as it happened, Michael died first, so Thomas would keep the company and the company would pay the life insurance proceeds to buy back the stock from Michael's survivors for $3,000,000.  The executor filed a federal estate tax return (Form 706, the tax on a gross estate in excess of $13.61M in 2024, but less when Michael died) reporting a valuation of Michael's share of the company as $3,000,000.  The valuation had excluded the insurance proceeds as offset by the obligation to repurchase the shares, and the IRS disagreed with the offset.  The difference in tax was nearly $900,000.  

There may also be personal or tax reasons to direct the estate to different beneficiaries than the legal default: without a will, the estate of a person with no spouse and no descendants goes to his or her parents, but leaving the assets to siblings or a family college fund for nieces or nephews may be more tax efficient than sending the money back to the parents’ generation, only to have it come forward again later.

The Supreme Court has now ruled that the insurance proceeds must be included in the valuation, reasoning that even if the total value of the company goes down after the funds are used for a repurchase at fair market value, the value per share does not change, and in any event the valuation looks at date of death value (with received or receivable insurance proceeds) not post-redemption value.  Before the present decision, the federal circuit courts of appeal were split on this question.

Stock redemption plans are complex and must be tailored to the outcome needed for that specific company and the overall financial pictures of the owners.  If you have a stock redemption plan, buy-sell agreement, or provisions in a shareholder agreement, operating agreement, or similar document which restrict transfers and direct the disposition of the ownership interests, please check with your counsel on whether a change should be made in light of Connelly.

Virginia attorney Jonathan A. Nelson uses his extensive legal knowledge and trial experience to resolve conflicts, negotiate settlements, navigate compliance matters, and vigorously advocate in the courtroom in order to achieve the best possible outcomes for his clients. He practices in estate planning, probate, trust and estate administration, corporate law, and civil litigation related to these fields.

The attorneys of Smith Pugh & Nelson, PLC, offer the experienced counsel, personal attention, and customized legal services needed to address the many complex issues surrounding estate planning, probate, and trust administration. Contact us at (703) 777-6084 to schedule a consultation.

Stages of Life & Estate Planning: Do College Students Need Estate Planning?

by Jonathan A. Nelson

Dinnertime conversation in a lawyer's house can get interesting. I have had to deal with whether it is accurate to call it "mom’s and dad's house" when it's in a trust, and whether an 8-year-old having a will would protect baseball cards and Legos (it can't - you have to be 18 or emancipated to sign a will; I may address estates of minors in a later post, but legal involvement is unusual). Taking the spirit of those discussions, though, we will look briefly at a few stages in life and the documents that are often helpful as life changes. Every situation is unique, and if we talk we will assess how your particular needs can best be met.

For college students with few assets and usually a lot of debt, often the most useful estate planning documents are a Durable General Power of Attorney and an Advance Medical Directive. For a college student, these are frequently made out to mom or dad. The Power of Attorney is really useful if the student gets into something over their head ("I have a big final tomorrow and my car was just impounded"), needs help moving money around (including for tuition), needs information for financial aid, or wants assistance handling transactions back home. The Medical Directive makes sure that the right person is designated to make emergency medical decisions regardless of what state the school is in, and provides access to medical history information that may be important to making those decisions intelligently.

Some instances where a will is helpful at this age are: adverse relationships with a parent or other family situations, assets requiring special or timely administration, inherited or contingent assets, or debts where the creditor needs to be prevented from controlling the estate. But generally, with few assets and parents being the heirs-at-law (and likely co-signers on debts), a will won’t usually change a lot compared to the default laws during this stage of life.

Next in this series: Professional Singles

Virginia attorney Jonathan A. Nelson uses his extensive legal knowledge and trial experience to resolve conflicts, negotiate settlements, navigate compliance matters, and vigorously advocate in the courtroom in order to achieve the best possible outcomes for his clients. He practices in estate planning, probate, trust and estate administration, corporate law, and civil litigation related to these fields.

The attorneys of Smith Pugh & Nelson, PLC, offer the experienced counsel, personal attention, and customized legal services needed to address the many complex issues surrounding estate planning, probate, and trust administration. Contact us at (703) 777-6084 to schedule a consultation.

Amy & Dan Smith's Planning for Life: Gift and Estate Tax: Where Are We Now?

Changes in the tax law have created some confusion regarding the current state of taxes associated with the transfer of assets both at death (estate tax) or during lifetime (gift tax). A brief summary of the current tax law may be helpful to some of our readers.

Estate Tax: The taxation of estates can apply on two levels: federal and state.

With regard to federal estate tax, the exemption is now $11,400,000 per person. The exemption amount is to be increased annually by C.P.I. adjustment. Furthermore, the law contains a provision for “portability.” This means that, as between a married couple, the unused portion of the exemption of the first spouse to die can be preserved and utilized at the death of the second spouse by filing a simplified estate tax return. This (increased by C.P.I. adjustment of the second spouse’s exemption) at his/her death. The law creating this increased exemption is due to expire at the end of 2025, unless it is then extended. If allowed to expire, the exemption will revert to the amount existing before the change in the tax law increased by C.P.I. adjustment, estimated at $5,600,000 per person. The provision allowing portability is not set to expire.

Virginia does not have a state estate tax. However, both Maryland and D.C. have estate taxes which apply in addition to the federal estate tax.

There is one other type of “death tax” which can affect a beneficiary of an estate: the inheritance tax. Whereas an estate tax is a tax on the totality of a decedent’s assets which pass at his/her death, the inheritance tax applies to the share of the estate which a beneficiary receives. It applies even if an estate tax is also to be paid on the same share. Fortunately, very few states have an inheritance tax. In our area only Maryland has an inheritance tax. Thus, the estate of a Maryland decedent could be subjected to both federal and state estate taxes, and the beneficiary could be subjected to an inheritance tax on his/her share of the estate. (Some advice: “Don’t be caught dead in Maryland.”)

Gift Tax: The current amount which may be given annually without any gift tax consequences is $15,000 (“the annual exclusion”). This amount is subject to annual C.P.I. increases. For example, a husband and wife may each give $15,000 per year to their son or grandchild or friend. So long as the gift is within the annual exclusion amount, no gift tax return is required to be filed.

If a gift from a donor to a person exceeds the annual exclusion amount, the donor is required to file a gift tax return. The purpose of this return is to show the IRS what part of the donor’s exemption is being utilized by this gift. The gift tax exemption is the same amount as the estate tax exemption and is also to be increased by C.P.I. adjustments. Thus, if Mother gives a gift of $115,000 to Daughter, Mother would use $100,000 of her exemption that year. As with the estate tax exemption, the amount of the gift tax exemption is to revert to its level prior to the tax law changes at the end of 2015 unless the law is extended.

One note on gifts during lifetime: they carry the same basis to the donee which they had in the hands of the donor. This does not apply to gifts of cash, but should be a consideration with other gifts. For example, assume Father paid $5 for a share of GE stock. If Father gives that to Junior at a time when the stock is selling for $10 and Junior sells at that price, Junior has a capital gain of $5 which he must report on his income tax return. (Note: there is no tax to Junior for receiving the gift.) However, if Junior inherits the stock from Father at his death, Junior takes a “stepped up” basis; that is, the value of the stock at the time of Father’s death. In this way, significant capital gains can be avoided.

From "Amy & Dan Smith's Planning for Life" column appearing monthly in the Blue Ridge Leader, Loudoun County, VA.

Investment advisory services are offered through Amy V. Smith Wealth Management, LLC. Amy V. Smith Wealth Management, LLC, is not a registered broker/dealer and is independent of Raymond James Financial Services. Raymond James and its advisors do not offer tax or legal advice. You should discuss tax or legal matters with the appropriate professional. Dan Smith is not affiliated with Raymond James or Amy V. Smith Wealth Management, LLC. Amy V. Smith Wealth Management is located at 161 Fort Evans Road, NE Suite 345, Leesburg, VA 20176. Telephone 703 669-5022.

Amy & Dan Smith's Planning for Life: Applying for Medicaid Benefits

How do you apply for Medicaid?

Because Medicaid is administered by the states, each state has its own eligibility requirements and available benefits. Considerable variation can exist.

To apply for Medicaid, you or your representative must use a written application on a form prescribed by your state and signed under the pains and penalties of perjury. Give the application to your state Medicaid office.

What information must you disclose?

The Medicaid application process will require the disclosure of certain personal information, including:

• Proof of age, marital status, residence, and citizenship (or lawful alien status).

• Social Security number.

• Verification of receipt of other government benefits, such as Social Security, SSI, AFDC, and veterans’ benefits.

• Verification of all sources of income and assets for you and spouse. (Regarding assets, an indication as to how title is held (jointly, etc.) should be required.)

• A description of any interest you or your spouse has in an annuity (or similar financial instrument) regardless of whether the annuity is irrevocable or is treated as an asset.

• Lists of all transfers of income and assets within the applicable look-back period. This should include dates of transfer, name of transferee, consideration (if any) for transfer, and purpose of transfer.

For transfers made on or after February 8, 2006 (the date of enactment of the Deficit Reduction Act of 2005), the look-back period is 60 months for all transfers. The waiting period begins on: (1) the first day of the month during or after which assets have been transferred, or (2) the date of first possible eligibility for Medicaid (but for the penalty period), whichever is later.

Federal law generally requires state agencies to determine an applicant’s eligibility for Medicaid within 90 days for those who apply on the basis of disability and within 45 days for all other applicants. State agencies must send each applicant a written notice of its decision. If the application is approved, the applicant will be notified of the effective date of his or her Medicaid eligibility (which can cover a retroactive period of up to 90 days from the date of the application), as well as a calculation of the applicant’s “patient paid amount” or the amount of the monthly medical expenses that the applicant will be responsible for paying from his or her own income. If eligibility is denied, the reasons for the denial must be outlined, the relevant regulation cited, and an explanation of appeal rights outlined.

What are your appeal rights?

Federal law requires states to provide an opportunity for a fair hearing before the state Medicaid agency to any individual whose claim for medical assistance is denied or not acted upon with reasonable promptness or to any recipient who believes the agency has acted erroneously. To appeal, you must sign the request for a fair hearing within the time stated on the notice of denial. The time frame is generally anywhere from 30 to 90 days.

Hearings are handled by administrative officers, with review authority in state courts of appeal, federal circuit courts of appeal and, ultimately, the U.S. Supreme Court.

If the hearing decision is favorable to the applicant, the state Medicaid agency must make corrective Medicaid payments retroactive to the date an incorrect action was taken.

From "Amy & Dan Smith's Planning for Life" column appearing monthly in the Blue Ridge Leader, Loudoun County, VA.

The foregoing article contains general legal information only and is not intended to convey legal advice.  For legal advice regarding estate planning, the reader should contact his/her lawyer.

Daniel D. Smith is a partner in the law firm of Smith & Pugh, PLC, 161 Fort Evans Road, NE, Suite 345, Leesburg, VA 20176. (Tel: 703-777-6084, www.smithpugh.com). He has practiced law in Loudoun County since 1980.

Amy & Dan Smith's Planning for Life: 12 Financial Resolutions

Review and revamp your financial plan all year long

Instead of hauling out those familiar New Year’s resolutions about eating less and exercising more, how about focusing on something that’s also very good for you in the long run-and even sooner? We’re talking about your financial plan-your fiscal health, if you will. The approach of a new year – or any time, for that matter – is a great time to review your plan and make whatever revisions might be indicated. With that in mind, here are 12 suggested resolutions that, if followed, could help you go a long way toward attaining your financial goals.

Get your balance sheet in order – using December 31 as the effective date, update your personal balance sheet (assets versus liabilities, broadly speaking.)

Review your budget and spending habits – how close did you come to what you had planned to spend last year? Where did you go off-track and what can you do about that?

Review the titling of your accounts – account titling is more than just using the right form – it can also be a tool for estate planning. Review your account titling and determine if that’s still the arrangement you want.

Designate and update your beneficiaries – if you don’t correctly document and update your beneficiary designations, who gets what may be determined not according to your wishes but by federal or state law.

Evaluate your cash holdings – everyone should have a certain amount of their assets set aside in cash.

Revisit your portfolio’s asset allocation – are you comfortable with the current amount of risk in your portfolio?

Evaluate your sources of retirement income – every individual picture is different. Think about how secure each source is.

Review your Social Security statement – use the SSA’s online calculator to compute your benefits at various retirement ages

Review the tax efficiency of your charitable giving – give, but do so with an eye toward reducing your tax liability.

Check to see if your retirement plan is on track – retirement has a lot of moving parts that must be monitored and managed on an ongoing basis.

Make the indicated changes – go after any problem areas – or opportunities-systematically and promptly.

Set up a regular review schedule with your advisor – establish a regular schedule for getting together and reviewing your portfolio, your financial and retirement plans, and what’s happening in your life.

Since we all know that resolutions tend not to survive very long, add one more to make this a baker’s dozen. Resolve to really follow through on these – and give yourself permission to spend a day lazing around watching movies and eating ice cream when you’re done! Just one day though.

From "Amy & Dan Smith's Planning for Life" column appearing monthly in the Blue Ridge Leader, Loudoun County, VA.

The foregoing article contains general legal information only and is not intended to convey legal advice.  For legal advice regarding estate planning, the reader should contact his/her lawyer.

Daniel D. Smith is a partner in the law firm of Smith & Pugh, PLC, 161 Fort Evans Road, NE, Suite 345, Leesburg, VA 20176. (Tel: 703-777-6084, www.smithpugh.com). He has practiced law in Loudoun County since 1980.