New Kent Family Law

New Kent Family Law Daniel J. Contact me today to schedule an appointment or phone call. Smith in Charlottesville, Virginia and GraberRoberts, LLC in Stamford, Connecticut.

Roberts is a sole practitioner estate planning and family law attorney in Quinton, Virginia, with 25 years' experience serving the community in both Virginia and his native Connecticut. Roberts is a sole practitioner family law attorney in Quinton, Virginia and serves "Of Counsel" to both the Law Office of Christopher J. He was previously a partner in the firm of Lax & Truax, LLC, where he began h

is career in 2000. Dan received his undergraduate degree (magna cm laude) in Sociology from the University of Connecticut in 1996 and his Juris Doctor from Quinnipiac University School of Law in 2000. Dan is licensed in both Virginia and Connecticut. Our office strives to help families navigate the complexities of estate planning and family law with confidence and care.

01/22/2026

How Life Insurance Fits Into an Estate Plan in Virginia

Life insurance can be one of the most powerful (and misunderstood) tools in an estate plan, especially here in Virginia. Here’s how it typically works:

✅ Does life insurance go through probate in Virginia?
Usually no. If you name a living beneficiary (such as a spouse, child, or trust), the life insurance proceeds are paid directly to that beneficiary and do not become part of the probate estate. Probate court is not involved in that payout.

⚠️ When would life insurance go through probate?
Life insurance can become a probate asset if:
• The estate is named as beneficiary
• No beneficiary is named (or all beneficiaries have passed away)
• A beneficiary designation is invalid
In those cases, the payout is made to the estate and is handled through probate.

⏱️ How quickly does a life insurance payout happen?
When there is a properly named beneficiary, many insurers pay within a few weeks after receiving a death certificate and claim form - sometimes even faster. Probate delays generally do not apply when a beneficiary is named.

💰 Can creditors take life insurance money in Virginia?
It depends on who receives the payout:
✔️ If paid directly to a named beneficiary:
Creditors of the deceased generally cannot take those proceeds to pay debts.
❌ If paid to the estate:
Life insurance proceeds that become part of the probate estate are available to creditors and may be used to pay valid debts before heirs receive anything.

📌 Bottom line:
Life insurance is often designed to provide fast, protected funds for loved ones—but only if beneficiary designations are done correctly. Regularly reviewing beneficiaries and coordinating life insurance with your overall estate plan is key.

01/19/2026

💍 Thinking About a Postnuptial Agreement in Virginia?
Here's What You Should Know!
Already married but want to clarify financial matters with your spouse?
A postnuptial agreement might be the right step for you.

📜 In Virginia, postnuptial agreements are legally binding contracts made after marriage. They can help couples:

Protect business interests 🏢
Safeguard inheritances 💼
Clarify property division 🏠
Address spousal support 💰
Strengthen financial transparency 💬

✅ To be valid in Virginia, your postnuptial agreement must:
Be in writing
Be entered into voluntarily
Include full financial disclosure
Be fair and equitable
Be notarized
Include mutual consideration

Whether you're navigating a career change, have received an inheritance, or simply want peace of mind, a postnuptial agreement can offer clarity and protection for your future.

📞 Thinking about drafting one? Consult a Virginia family law attorney to ensure your agreement meets all legal requirements.

01/19/2026

What is an “augmented estate” in Virginia?
In Virginia, an augmented estate is a legal concept used when a surviving spouse claims an elective share of a deceased spouse’s estate. Instead of looking only at probate assets, the law adds together certain probate and non‑probate assets to determine what the surviving spouse is legally entitled to receive.
The goal is to prevent a spouse from being disinherited by moving assets outside of a will.
✅ Included in the augmented estate may be:

Probate assets
Jointly owned property with survivorship
Payable‑on‑death (POD) and transfer‑on‑death (TOD) accounts
Revocable trusts
Retirement accounts and life insurance (other than Social Security)
Certain gifts or transfers made during marriage where the decedent kept control or benefit

What assets are excluded from the augmented estate?
🚫 Generally excluded are:

Assets sold or transferred for full fair‑market value
Irrevocable transfers made during life where the decedent kept no control or benefit
Tangible personal property given as true gifts (like jewelry, furniture, vehicles)
Social Security benefits
Transfers made before the marriage
Property covered by a valid prenuptial or postnuptial agreement
Assets properly disclaimed by the surviving spouse

Bottom line:
Virginia’s augmented estate rules protect surviving spouses, but they do not undo legitimate lifetime planning or fair transactions.

01/16/2026

📢 Spousal Support in Virginia: What You Need to Know

Going through a divorce or separation in Virginia? It's important to understand how spousal support (also known as alimony) is determined.

Here's a quick breakdown of the statutory criteria and the pendente lite (temporary) support formula:

🔹 Statutory Criteria for Spousal Support (Long-Term) Under Virginia law, courts consider several factors when determining whether to award spousal support and how much to award. These include:

*The obligations, needs, and financial resources of both parties.
*The standard of living established during the marriage.
*The duration of the marriage.
*The age and physical/mental condition of both parties.
*The contributions (monetary and non-monetary) of each party to the well-being of the family.
*The property interests of each party.
*The earning capacity and education of each party.
*The opportunity for either party to acquire education or training to enhance earning ability.
*The decisions made during the marriage regarding employment, education, parenting, etc.
*Any other factors the court deems necessary to consider equity.

🔹 Pendente Lite Spousal Support Formula (Temporary Support During Proceedings) Virginia Courts use a formula to calculate temporary support while divorce proceedings are ongoing:

With minor children in common: 26% of the payor's gross monthly income - 58% of the payee's gross monthly income

Without minor children in common: 27% of the payor's gross monthly income -50% of the payee's gross monthly income

📌 This formula applies only if the combined gross monthly income of both parties is $10,000 or less.

Courts may deviate from this formula for good cause, such as unusual financial circumstances

💬 If you're navigating a divorce or separation, understanding your rights and obligations is crucial. Always consult with a qualified family law attorney for personalized advice.

01/14/2026

📄 Need a Virginia Power of Attorney (POA)?
A Power of Attorney is a legal document that lets you appoint someone you trust (called an agent) to make decisions or take actions on your behalf. This can include financial, medical, or legal matters, depending on the type of POA you create.
🛡️ Why Is It Important?
If you become ill, injured, or incapacitated, a POA ensures someone you trust can:

Pay your bills
Manage your property
Make healthcare decisions
Handle legal or business matters
👥 Who Should Have One?
✅ Every adult—not just seniors—should consider having a POA in place. Life is unpredictable, and having a POA can:

Prevent court delays
Avoid family disputes
Ensure your wishes are followed
📝 Virginia POA Requirements:

Must be signed by the principal (you)
Notarization is strongly recommended
Can be durable (remains valid if you become incapacitated)
You can appoint any competent adult as your agent

Reach out today to make sure you have this essential document as part of your estate plan

01/12/2026

📝 Estate Planning in Virginia: What Happens If You Don’t Fund Your Revocable Trust?
Thinking about setting up a revocable living trust in Virginia? It’s a great tool for avoiding probate, maintaining privacy, and managing assets during incapacity. But here’s a key point many overlook:

👉 If you don’t fund your trust while you're alive, it won’t help you avoid probate.

In Virginia, a revocable trust only controls the assets that are actually titled in the name of the trust. If you create the trust but never transfer your assets into it, those assets will still go through probate, just like they would if you only had a will.

✅ What can you do?

Use a “pour-over will” to direct any unfunded assets into the trust at death.

Consider transfer-on-death (TOD) or payable-on-death (POD) designations to move assets directly into the trust without probate.

Work with an estate planning attorney to ensure your trust is properly funded and aligned with your goals and your specific family situation.

💡 Bottom line: A trust is only as good as the assets it holds.

01/05/2026

💍 Getting Married? Here's What You Should Know about a Prenuptial Agreement in Virginia ⚖️

A prenuptial agreement is a smart planning tool for many couples.

In Virginia, a prenuptial agreement is a legal contract signed before marriage that outlines how assets and responsibilities will be handled if the marriage ends.

🧠 Who Should Consider a Prenup?
You might want to consider a prenup if:
💼 One or both of you own a business
💰 One partner is significantly wealthier or poorer
🏠 You're bringing property or assets into the marriage or wish to protect a future inheritance
💳 One or both of you have significant debt
👨‍👩‍👧 You have children from a previous relationship
🔐 You want to avoid lengthy court battles in case of divorce
📜 What Can a Prenup Cover in Virginia?

A Virginia prenup can address:
Division of property (real estate, investments, personal items)
Management of assets during the marriage
Responsibility for debts
Alimony/spousal support
Rights to life insurance benefits
Estate planning provisions (like wills or trusts)
Which state’s law will apply in case of a dispute

🖋️ Important: The agreement must be signed before the wedding and should be fair and voluntary. It’s best to consult a family law attorney to ensure it’s legally sound.

💡 A well-crafted prenup protects both partners and can provide peace of mind as you start your life together.

If you are considering a prenuptial agreement, reach out today.

01/04/2026

📄 How Do I Get an Uncontested Divorce in Virginia?
Thinking about filing for an uncontested divorce in Virginia? Here's a quick breakdown of what you need to know:

✅ What is an Uncontested Divorce?
Both spouses agree on all major issues including property, debts, support, and custody (if applicable).

🕒 Separation Timeframes:
With minor children: 1 year of living separate and apart.
Without minor children: 6 months if you have a signed Property Settlement Agreement (PSA).

📑 Documents You’ll Need:
Complaint for Divorce – Starts the process.
Property Settlement Agreement (PSA) – Details how everything is divided.
VS-4 Form – A state-required statistical form.
Final Decree of Divorce – The court’s official order.
Proof of Residency – At least one spouse must have lived in VA for 6+ months.
Marriage Certificate – Certified copy.
Service Documents – To notify the other spouse legally.
Income/Property Documentation – If support or asset division is involved.
Name Change Request (optional).

📝 Steps to File:
Prepare and sign the PSA.
File the Complaint and other forms with the Circuit Court.
Serve your spouse.
Submit the Final Decree for the judge’s signature.

💵 Filing Fees: New Kent ($84) Charles City ($82) Henrico ($86), there may be an additional fee for service of process as well.

12/23/2025

✅ Why Life Insurance Is a Key Part of Estate Planning ✅
When planning your estate, most people think of a Last Will, trusts, and other legal documents. While these are essential, there’s one tool that often gets overlooked: Life Insurance.
Here’s why life insurance should be part of your estate plan:
🔹 Immediate Cash for Your Family
Unlike assets that go through probate (which can take months), life insurance proceeds are paid directly to your beneficiaries—fast and without court delays. This means your loved ones have access to funds for funeral costs, bills, and living expenses right away.
🔹 Avoid Probate Hassles
Probate can be time-consuming and expensive. Life insurance bypasses probate entirely, ensuring your family gets the money quickly and without legal complications.
🔹 Complements Your Will & Trusts
Your Will distributes property, but it doesn’t guarantee liquidity. Life insurance provides the cash your family needs while other assets are being settled.

💡 How to Cash In a Life Insurance Policy
If you’re the beneficiary, here’s what you need to do:

Locate the Policy – Find the policy documents or contact the insurance company.
Submit a Claim – Complete the claim form provided by the insurer.
Provide Documentation – Usually, you’ll need a death certificate and proof of identity.
Receive Payment – Once approved, the insurer will issue the payout directly to you.

Estate planning isn’t just about passing on assets, it’s about making sure your family is financially secure when they need it most. Life insurance is one of the simplest and most effective ways to do that.
👉 Have questions about estate planning or life insurance? Send me a message!

12/18/2025

📢 Spousal Support in Virginia: A Primer

Going through a divorce or separation in Virginia? It's important to understand how spousal support (also known as alimony) is determined.

Here's a quick breakdown of the statutory criteria and the pendente lite (temporary) support formula:

🔹 Statutory Criteria for Spousal Support (Long-Term) Under Virginia law, courts consider several factors when determining whether to award spousal support and how much to award. These include:

*The obligations, needs, and financial resources of both parties.
*The standard of living established during the marriage.
*The duration of the marriage.
*The age and physical/mental condition of both parties.
*The contributions (monetary and non-monetary) of each party to the well-being of the family.
*The property interests of each party.
*The earning capacity and education of each party.
*The opportunity for either party to acquire education or training to enhance earning ability.
*The decisions made during the marriage regarding employment, education, parenting, etc.
*Any other factors the court deems necessary to consider equity.

🔹 Pendente Lite Spousal Support Formula (Temporary Support During Proceedings) Virginia Courts use a formula to calculate temporary support while divorce proceedings are ongoing:

With minor children in common: 26% of the payor's gross monthly income - 58% of the payee's gross monthly income

Without minor children in common: 27% of the payor's gross monthly income -50% of the payee's gross monthly income

📌 This formula applies only if the combined gross monthly income of both parties is $10,000 or less.

Courts may deviate from this formula for good cause, such as unusual financial circumstances

💬 If you're navigating a divorce or separation, understanding your rights and obligations is crucial. Always consult with a qualified family law attorney for personalized advice.

12/15/2025

👨‍👩‍👧‍👦 Understanding Custody in Virginia: “Best Interest of the Child” ⚖️

When Virginia courts decide custody or visitation, they don’t just look at who wants what, but hey focus on what’s best for the child.

📌 Under Virginia Code § 20-124.3, judges consider several key factors to determine the child’s best interests:

🧒 The child’s age, physical & mental health
👨‍👩‍👧 Each parent’s health and relationship with the child
❤️ The child’s emotional, developmental, and physical needs
👫 The role each parent has played, and will play, in the child’s life
🤝 Willingness of each parent to support the child’s relationship with the other parent
🗣️ The child’s preference (if mature enough)
🚫 Any history of abuse or violence
🧠 Each parent’s ability to cooperate and resolve disputes

Virginia courts aim to create arrangements that support the child’s well-being, stability, and growth, not just split time evenly.

12/15/2025

🗂️ When Should You Review Your Estate Planning Documents? A Year-End Reminder

Your Last Will, Power of Attorney, Advance Healthcare Directive, and other estate planning documents are essential tools, but they’re not “one and done.” Life changes, and your documents should reflect those changes.

🔁 Review your estate plan every 3–5 years, or immediately after any of these major life events:
📌 Marriage, divorce, or remarriage
📌 Birth or adoption of a child or grandchild
📌 Death or incapacity of a loved one, executor, or agent
📌 Significant changes in your health or finances
📌 Moving to a different state or country
📌 Changes in tax laws or estate planning regulations
📌 Retirement or sale of a business
📌 A shift in your personal wishes or family dynamics

Keeping your documents current ensures your wishes are honored and your loved ones are protected when it matters most. 💙

📅 When was the last time you reviewed your estate plan?

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