Turner Lumpkins & Blackwell, PLC

Richmond Virginia Estate Trust and Real Estate Lawyers

Practice Area

Estate Planning

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Having a current and proper estate plan in place is step one in making sure that your loved ones will not have the distraction and additional heartbreak that can follow when death occurs without a plan in place. Effective estate planning is, however, as much about lifetime planning as it is about taking care of your estate after death. For example, planning for incapacity and higher income tax rates are two areas of consideration. We represent and help families with “simple” estates and those with planning needs involving federal estate taxes, special needs, gift planning, or IRA distributions.

Planning steps with Turner Lumpkins & Blackwell

The planning process typically involves two meetings. At the first meeting we will discuss your estate planning objectives. We will review with you the operation of common estate planning documents, including wills, trusts, financial powers of attorneys and advance medical directives. In addition, we will discuss the options for selecting executors, trustees and other agents who are appointed by the various documents.  Where appropriate, we will also discuss estate and gift tax planning opportunities.  You will receive comprehensive estate planning recommendations, tailored to your specific goals and circumstances. At the conclusion of this initial meeting, your attorney will quote a fee for completing the recommended estate planning documents.

The second meeting is where you will sign your estate plan documents. Prior to that meeting we will prepare draft estate planning documents and email those to you for your review. After you review the documents, we will answer any questions you have and make appropriate changes, which can typically be accomplished via email or telephone. We can schedule a second meeting to discuss the documents in detail, if you feel that is needed. However, we find that most clients are prepared to execute the documents without an additional meeting. Once the documents are in final form, we will schedule a time for you to come in and execute the documents. We will provide a notary and the necessary witnesses needed to ensure all legal formalities are met. We will also guide you regarding any subsequent documentation you may need to fully implement your plan, including any recommended changes of asset ownership or of beneficiary designations.

Complete Planning

When you work with our law firm in your estate planning, we will typically engage, as needed, with your financial adviser, insurance agent, and your CPA in crafting their plan. A “complete plan” for our clients brings together the: 1) estate planning for property transfers at death, 2) income tax planning, 3) disability planning, 4) asset protection, and, where needed, 5) business succession planning.

“Future Proof” Your Planning

When you work with Turner Lumpkins & Blackwell for your estate planning, you will have a plan that is designed for varied possible, future events. Even though our representation of you ends when your plan is completed and delivered to you, it is important that you to stay in touch after the estate plan is completed. Particularly if you experience a significant life event (e.g., birth/adoption of additional children, death or divorce of a spouse, inheritance, serious health issues of a spouse or child, creditor issues of a spouse or child, etc.), we encourage you to contact us to see how such events may impact their estate plans. To that end, we extend an invitation to all prior estate planning clients to contact us when such events occur. As much as we would like it to be, estate planning is not a static process. We are prepared to help you keep your plan aligned with your circumstances and wishes.

Residential Real Estate Closings

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Our clients and friends rely on our affiliated title and settlement agency, RVA Real Estate Settlements LLC for all residential settlement needs. Opened in Spring 2018, RVA RES is a Virginia-licensed and fully-insured residential settlement agency. RVARES is an agent of Old Republic National Title Insurance Company, and is staffed by persons experienced in real estate settlements.

If you are ready for a smooth and pleasant closing experience, visit RVARES’ website or call (804) 256-3173 and speak to Michael Lumpkins or Kendra Lumpkins.

RVA Real Estate Settlements is not a law firm. If you need legal advice about a real estate matter, John L Lumpkins Jr. has years of experience handling smooth real estate closings and other title insurance matters.

Business Law and Counsel

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From business startup through growth to sale.

As small business owners ourselves, we know first-hand how numerous and varied the demands can be. When you have us evaluate a business challenge, we take the time to understand your business and focus our efforts in promptly and effectively addressing the legal need, so you are not pulled from fully focusing on running your business.

All business owners, whether operating a startup or managing a well-established operation, will periodically need help navigating through today’s complex laws and rules. Our law firm helps guide business clients who are starting out with entity selection, drafting of operating agreements, partnership agreements, contracts, State Corporation Commission filings, license applications, and the myriad of other tasks involved in forming and starting a business in Virginia. We also regularly represent owners in the sale of their business.

Working with you CPA and other advisers, we can help you make the most of the benefits available under Virginia and federal law. Our firm can help whether you’re a sole proprietor looking to add protection for your personal assets from business liabilities, or you are in a group of individuals building a new enterprise. If you need to form a limited liability company, a partnership, corporation, we can help you on your way with reasonably priced corporate legal services.

Registered Agent Services

Attorney John Lumpkins also serves as the Virginia registered agent for many of our business clients.

Fee Schedule for Virginia Registered Agent Services

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When legal issues arise during business operations – from contract reviews to a collection matter – we are here to help. John Lumpkins has years of experience as in house corporate counsel; he can spot issues and guide clients in a range of matters from basic employment issues to intellectual property questions. For these specialty areas, when appropriate we will identify and manage other counsel whose practice focuses on these areas, such as trademark or employment law.

The current political and economic environment suggest there will continue to be pressure on leaders in Washington and in statehouses to find revenue sources. Business owners should be prepared for economic and financial challenges and opportunities in the years ahead. Our law firm works in concert with our clients’ CPAs and financial advisers to help address your business challenges and needs.

Probate Administration

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Are you concerned about the estate of a loved one or a friend? Would you like guidance on estate or trust administration from an experienced team of lawyers? Do you have questions about the probate process in Virginia? The lawyers at Turner Lumpkins & Blackwell, PLC have years of experience representing Virginia executors, beneficiaries, and creditors of estates. We have an experienced legal assistant on staff who helps clients with the preparation of the inventory, accounts and other filings that must be made with the Commissioner of Accounts.

Virginia Estate Administration Process

Being an Executor in Virginia—Items to Consider Before Serving

The estate administration (probate) process is the process of transferring property from a decedent to his or her heirs and beneficiaries. In Virginia, the laws and the system in place make the process straightforward in most cases. The personnel in the Circuit Court Clerk’s offices in Virginia’s cities and towns are knowledgeable and helpful in the qualification process. The Clerks, however, do not give legal advice, and details can be easily overlooked in the nature of the assets that the decedent owned.

When a family member or friend dies, either testate (with a will) or intestate (without a will), a lawyer with our law firm counsels the fiduciary (whether an administrator, executor, curator, or even a trustee) through the entire qualification and probate process. We also represent beneficiaries and creditors who want to understand their rights and options during the probate process.

The Fiduciary Role

The word “fiduciary” is from the Latin, fiducia, meaning “trust”. In the law a fiduciary is a person or business in a role where the law recognizes them as having a heightened duty of good faith and fidelity to another. An agent under a power of attorney, an executor, an administrator, a curator, and a trustee are all fiduciaries under Virginia law.

We regularly help executors and administrators navigate the Virginia probate process. Key details can sometimes be overlooked by the inexperienced executor. For instance, if an estate is insolvent Virginia and federal law have priorities as to what of the decedent’s debts are paid and in what order. Failure to follow the priority can result in personal liability for the executor or administrator. We have seen estates where executors failed to determine whether a jointly owned account was owned as tenants in common or with rights of survivorship. Administrators also must recognize the significant income tax ramifications of the 401(k) or retirement plan that did not have a beneficiary designated. The lawyers at Turner Lumpkins & Blackwell can help you avoid costly missteps.

Remember, if you are an executor or administrator, you have a fiduciary duty to the beneficiaries of the estate. You must act in their interests. But you also have obligation to the creditors of the estate. Virginia law, Va. Code § 64.2-5280, sets forth priorities of what an executor may pay in the case of an insolvent estate. Federal law, 31 U.S.C. § 3713, dictates that claims of the U.S. government must be paid first when an estate is insolvent – and it establishes personal liability for the executor if other claims are paid instead.

We also provide counsel to trustees and work closely with CPAs and financial advisers in making certain that the trustee understands and follows Virginia’s Uniform Trust Code and the applicable standards of investment in the trust agreement or Virginia’s Prudent Investor Rule. For clients involved in a more complex estate my involvement will be consistent with the needs of the estate or trust. Most estate and trust documents anticipate more work being done by the professional advisers to the fiduciary, and certainly the courts and the Commissioner of Accounts expect and welcome the good counsel.

Hire an Experienced Law Firm

Our lawyers’ experiences and services include many years representing clients in common estate administration situations, and also in situations when an heir or beneficiary has been wronged by a fiduciary; when an administrator needs to petition a court for the power to sell real estate; or when a will – perhaps holographic (handwritten by the testator) – is unclear and requires a court to provide the executor aid and guidance in construing its terms. We counsel trust beneficiaries and trustees in administration of revocable living and testamentary trusts.

If the Circuit Court’s intervention is necessary in the administration of an estate, the lawyers at Turner Lumpkins & Blackwell help our clients seek redress for a wrong, secure the power to sell real estate, petition a court to interpret an unclear will or to terminate a trust (called a suit for aid and guidance), or any of the other of myriad issues that clients may face in the administration of an estate or trust.

Virginia Small Estate Act

For the genuinely “simple estate” we will offer a flat fee arrangement, typically under $1000, to do such things as evaluate the estate, answer questions, explain to the executor the probate process, and determine whether the estate is eligible for streamlined administration via Virginia’s Small Estate Act. As part of a flat fee agreement, we can be “on-call” to answer questions during the process and assist as appropriate in helping the executor settle the estate.

Other Resources:

Real Estate Law

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Since 1989, Turner Lumpkins and Blackwell partner John Lumpkins has helped thousands of individuals with their real estate and title insurance needs. From acquisition of small commercial properties to the partition of a parcel with over seventy owners, our firm is prepared to help our clients in some very unique situations.

The firm frequently represents individuals and businesses in the sale of real estate – including short sales, the sale or acquisition of commercial real estate, commercial and residential leases, partition suits, boundary line disputes, access/easement issues, sale or management of real estate by executors, trustees and other fiduciaries, and the sale of real estate of incapacitated adult persons.

Recent challenging projects include bringing a partition suit for an individual who received from a trust a partial interest in a large parcel of land. Our firm represents landlords in collection and eviction (unlawful detainer) actions and commercial tenants in disputes with landlords. We also work with our clients and small business lenders in helping our clients acquire their own buildings.

For residential purchase closings we can refer you to an affiliated, licensed settlement and title agency that operates out of our satellite office on Monument Avenue, near Willow Lawn. That company is RVA Real Estate Settlements, LLC.