PRACTICE AREAS
Estate Planning Attorneys in Northern Virginia & the Shenandoah Valley
Wills, Trusts, and powers of attorney — built around the people you love.
We help families in Winchester, Ashburn, Leesburg, and across the Shenandoah Valley create estate plans that protect what matters most. Wills, living Trusts, powers of attorney, and advance medical directives are all built under Virginia and West Virginia law, all crafted with the care your family deserves.
OUR PHILOSOPHY
Relational Estate Planning: a different kind of approach.
Most estate planning conversations focus primarily on assets. We believe that’s only part of the picture.
At Relational Estate & Elder Law, we encourage clients to approach planning through the lens of their most important relationships. Money and property matter, but they are tools in service of the people you love, not the other way around. We call this estate planning philosophy Relational Estate Planning and have seen it:
Bring confidence and peace of mind
Our clients leave with clarity about what comes next.
Strengthen and encourage loved ones
Your plan becomes a gift to the people who matter most.
Leave a legacy that reflects what you value most
A real sense of accomplishment about what you are leaving behind.
OUR SERVICES
The right legal tools, built around your life.
Every family is different. That’s why we take the time to understand yours before recommending anything. We help Virginia and West Virginia residents with a full range of estate planning services, each one carefully chosen to reflect your goals and protect the people you love.
Wills and Trusts
Including special needs Trusts, minor's Trusts, and charitable Trusts, tailored to your family's unique situation. Built under Virginia Code § 64.2-403 (Wills) and the Virginia Uniform Trust Code (Va. Code § 64.2-700 et seq.).
Powers of Attorney
Ensuring trusted people can act on your behalf if you're ever unable to. Governed by the Uniform Power of Attorney Act (Va. Code § 64.2-1600 et seq.).
Advance Medical Directives
Documenting your healthcare wishes so your family isn't left guessing. Under the Virginia Health Care Decisions Act (Va. Code § 54.1-2981 et seq.).
Probate Avoidance Strategies
Helping your loved ones avoid a costly, time-consuming court process.
Tax Planning
Identifying strategies to reduce the tax burden on your estate and your heirs. (Especially relevant for families approaching the $15 million federal estate tax exemption — $30 million per couple — for 2026.)
THE BASICS
What is estate planning?
Estate planning is the body of legal work governed in Virginia by Title 64.2 of the Code of Virginia (Wills, Trusts, and Fiduciaries) and the parallel provisions of West Virginia Code Chapter 41. It is the process of deciding what happens to your assets, who cares for your dependents, and how your healthcare wishes will be carried out when you can no longer make those decisions yourself.
A complete Virginia estate plan generally includes these documents: a last Will and testament, a living Trust (where appropriate), a durable financial power of attorney, and an advance medical directive. Each document serves a distinct purpose.
Without an estate plan, Virginia’s intestacy laws (Va. Code §§ 64.2-200 to 64.2-206) determine where your assets go and how your minor children are cared for. Those default rules rarely match what you may have wanted.
Ultimately, estate planning is about making sure the people and causes you care about are taken care of, on your terms.
OUR PROCESS
What working with us looks like.
Our process is designed to feel personal, not overwhelming. Here’s what to expect at each step. Here is how we will get you the plan you need.
We Listen and Learn
We start by getting to know you. We spend time asking you questions about your relationships, your assets, and your goals. This helps us make the right recommendation about which legal tools will work best for you as you create your Relational Estate Plan. We ask thoughtful questions, give you space to ask yours, and make sure we fully understand your situation before recommending anything.
We Recommend a Plan to Accomplish Your Goals
Based on what we learn, we present you with a plan that accomplishes your specific goals. We list each of the legal and non-legal tools we believe will help you and explain how they function. We then tweak the plan as needed until you are comfortable with it, so you can make decisions with confidence.
We Craft Your Estate Plan
Our team prepares thorough, carefully tailored estate planning documents that reflect your wishes. Every detail is reviewed with you before anything is finalized. We make as many changes as you want, and we exchange the documents with you as many times as necessary until you are confident that they are what you need to accomplish your goals.
We Walk You Through Implementation
After you have approved the legal documents, we schedule a time for you to come into our office to sign them. But signing them is just the beginning. We help you understand how to organize, maintain, and use your plan — and we remain available as your life and needs evolve.
MEET OUR ATTORNEYS
The attorneys you’ll work with.
Three attorneys, one philosophy: estate planning built around the people you love.
Joshua E. Hummer, Esq.
FOUNDER & ATTORNEY · LICENSED IN VA & WV
Josh founded Relational Estate & Elder Law and leads the firm as both attorney and visionary. His passion is going beyond drafting documents to helping clients envision their futures — because high-quality legal work means real peace of mind for the families he serves.
B. Scott Livengood, Esq.
ESTATE PLANNING TEAM LEAD · ATTORNEY · LICENSED IN VA & NC
Scott leads our estate planning team. He believes a well-crafted estate plan is a true gift to family and loved ones, and he’s devoted to helping clients create plans that reflect their values and secure their family’s future.
Heather C. Martin, Esq.
ESTATE PLANNING ATTORNEY · LICENSED IN VA, AZ & DC
Heather is an estate planning attorney at the firm. She’s energized by meeting new people and loves to problem-solve — her favorite moments are when a client’s worry visibly lifts from their shoulders as their plan takes shape.
Plus a dedicated estate planning team: Meryl (Senior EP Paralegal), Caroline, and Teresa (EP Paralegals).
AWARDS & RECOGNITION
Trusted recognition from clients and peers.
WHAT OUR CLIENTS SAY
Trusted by 380+ families across Virginia & West Virginia.
Families across Northern Virginia and the Shenandoah Valley trust us with what matters most because we combine legal expertise with genuine care and long-term support.
LIVING TRUSTS
Wondering if a living trust is right for your family?
A living Trust is the right tool more often than people realize. It’s particularly worth considering if you own real estate, want to keep your affairs private, have minor children or beneficiaries with special needs, own property in more than one state, or want to spare your family the time and cost of probate.
We’ve built a complete guide to living Trusts in Virginia covering when a Trust is appropriate, how a living Trust works under Virginia law, how it differs from a Will, and what’s involved in setting one up.
FREE DOWNLOAD
Fearless: face the future confidently with Relational Estate Planning.
This 160-page book is filled with practical advice and tools designed to walk you through your estate planning journey. Share your email address to gain immediate access to this important resource and be added to our mailing list.
Inside, you’ll find:
Plain-language explanations of Wills, Trusts, and powers of attorney
Guidance on how to think about your relationships and legacy
Practical tools to help you organize your plan
FREQUENTLY ASKED QUESTIONS
Estate planning FAQs.
What is estate planning?
Estate planning is the process by which you create a plan which will guide management of your estate when you die.
This process may also involve important personal decisions, such as indicating who you would want to be guardian of any children under the age of 18 and authorizing someone to make financial and medical decisions on your behalf if you were to become incapacitated.
Estate planning can involve several fields of law including property, Wills, Trusts, future interests, insurance, employee benefits, healthcare, and taxation.
What is an estate?
“Estate” is the legal term referring to some or all your belongings. It extends to nearly anything that you have ownership of: your house and any other real estate, your car and all smaller personal possessions, the contents of your bank accounts, your share of joint accounts, investments, life insurance, and so on.
When should I write a Will?
It’s important to not procrastinate on creating a Will or any other estate planning document. Dying without some kind of estate plan means that your property will be divided according to your state’s intestacy laws, risking the distribution of your assets in a manner that may contradict your wishes.
What happens if I die without a Will?
Each state has a predetermined process for the division of your assets upon your death if you happen to die without indicating your desires in some form of estate planning. These state laws are called “intestate” laws and differ by state.
In Virginia, your estate generally goes to your spouse if all your children are also your spouse’s children. If you have children from a previous relationship, they will receive two-thirds of your estate, and your spouse the remaining third. If you have no surviving spouse, the estate will go to your children, then parents, then siblings, per Virginia’s intestacy laws (Va. Code §§ 64.2-200 to 64.2-206).
What is a Will?
A Will is a legal document that sets forth your last wishes, regarding the distribution of your property and the care of your children. In a Will, you typically name your direct beneficiaries, alternate beneficiaries, and residuary beneficiaries.
After the author of the will passes away, the will goes through probate, the legal process of being proved in court to be legitimate, before it is then implemented by the executor named in the Will.
What is a Trust?
A Trust is the entity created by a legal document that is similar to, but more flexible than, a Will. A Trust can be designed for the administration of the author’s last wishes, but it also allows the author to specify a trustee to manage money or assets before or after they pass. Unlike a Will, a Trust does not go through the probate process.
What is the difference between a Will and a Trust?
A Will is a legal document, enforced by a court through the process of probate when someone dies. A Trust is also a legal document that can function like a Will, but it can be used before death and avoids the probate process.
What is probate?
Probate is the process by which a Will is proved legitimate in court, at which point the court will appoint a personal representative of the estate to gather the assets and distribute them under the supervision of the court.
How do I avoid probate?
You can avoid probate by transferring all of your assets into a Trust before you pass, and/or if you meet certain other requirements. For smaller estates — those with personal probate assets of $75,000 or less under Va. Code § 64.2-601 — the Virginia Small Estate Affidavit can bypass most of the formal process.
Note: this threshold was raised from $50,000 to $75,000 by 2025 Acts of Assembly, c. 148.
How much does writing a Will typically cost?
The cost of writing a Will can vary widely based on how complicated the estate’s assets are. Simple estates are much easier to put together than complicated estates and, as a result, cost less to create. To the extent that an estate plan includes Trusts, businesses, etc., the cost can increase. Our plans start at $1,600 — see our pricing page for details.
What is a financial Power of Attorney?
The financial power of attorney (Va. Code § 64.2-1600 et seq.) is the legal document which allows someone to make financial decisions for you if you were to become incapacitated, incompetent, or otherwise unable to communicate. This can be helpful if you have ongoing bills or other financial matters that will need to be managed by someone in the event of your incapacitation.
What are the taxes on my estate?
There are several forms of taxes on any estate. In Virginia, probate taxes are applied to any estate — $0.10 per $100 of the estate (0.1%), and localities may also impose a probate tax equal to one-third of the state probate tax.
The federal estate tax applies at 40% to estates above the federal exemption, which is $15 million per individual ($30 million per couple) for 2026, made permanent by the One Big Beautiful Bill Act signed July 4, 2025.
Beneficiaries of an estate may also be responsible for income taxes on any amounts from an IRA, 401(k), or other retirement plan owned by the decedent.
What is an executor / administrator / personal representative?
A personal representative (also known as an executor) is an individual or individuals appointed as part of the probate process. Their duties include collecting the decedent’s estate, reporting to the court, and then distributing the estate in accordance with the decedent’s Will, or — if they die without a Will — according to Virginia’s intestacy laws.
How do I appoint a guardian for my children?
In Virginia, you can appoint a guardian in your will who will gain custody of your children after both biological parents have passed. While a court can overrule a guardian selected in a Will, courts are required to give great weight to the preferences of the parents regarding their choice of guardian.
What is an advance medical directive or living Will?
An advance medical directive, or living Will, is the legal document (governed by the Virginia Health Care Decisions Act, Va. Code § 54.1-2981 et seq.) that both allows you to specify what type of medical treatment you want if you are unable to communicate and allows you to appoint someone else to make medical decisions for you.
What is the process if I use you for my estate plan?
If you would like to retain us in preparing your estate plan, please contact us. We will set up a time for a consultation to discuss your wishes and the estate planning documents that you need.
We will then prepare the documents and give them to you for review. Once acceptable, we will schedule a time for you to come in to execute them in the legally required fashion.
FREE WORKSHEET
Estate Guide and Inventory Worksheet.
An Estate Guide and Inventory is a vital tool in your Relational Estate Plan. It should contain an up-to-date inventory of your assets, important instructions for your agents and personal representatives, and a list of important contacts.
While this is not required for the legal documents in your Relational Estate Plan to be effective, it will make things much easier on your financial and medical agents, your personal representatives, and loved ones.
FROM THE BLOG
Estate planning insights.
Back-to-School Estate Planning: Important Reminders for Parents
Back-to-school season is a natural time to revisit your estate planning and make sure your wishes still reflect your family and what matters most.
Planning a Trip? Why Estate Planning Matters Before You Travel
There’s something about summer travel that brings out a different kind of excitement. The kind where you count down the days, double-check your reservations, and look forward to every experience ahead. It’s a common conversation in our office: “We’re leaving for a big...
Advance Medical Directives: A Thoughtful Step Toward Clarity and Care
Each year on April 16, communities across the country observe National Healthcare Decisions Day (NHDD)—a day dedicated to encouraging thoughtful conversations about future medical care. It serves as a reminder that while no one likes to imagine medical emergencies,...
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Related practice areas & resources
YOUR FAMILY’S FUTURE
Let’s create a plan that gives your family clarity and peace of mind.
Whether you’re creating your first estate plan or updating an existing one, we’re here to help you take the next step with confidence.
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A Complete Estate Plan
- Wills & Revocable Trusts
- Powers of Attorney
- Healthcare Directives
- Legacy & Asset Protection