The Questions I Hear Most Often

By JUSTINE SENOTT, Senior Attorney, Estate Planning Department Lead, PJI Law

If you’ve ever met with an estate planning attorney, you’ve probably noticed something: We have a funny way of turning ordinary family conversations into questions about wills, trusts and what happens “if something happens to me.”

I know the subject isn’t exactly dinner-table conversation. Nobody wants to spend a beautiful Saturday afternoon contemplating their own incapacity or death. Yet as an estate planning attorney serving Northern Virginia families, I’ve learned that putting off the conversation rarely makes it easier—and it can make things much harder for the people you love.

In fact, procrastination is one of the biggest reasons people give for not having an estate plan. According to Caring.com’s 2025 Wills & Estate Planning Study, 43% of Americans without a will said they simply “haven’t gotten around to it.”

So let me answer some of the questions I hear most often.

“My estate isn’t very big. Do I really need an estate plan?”

Yes. And this may be the biggest misconception I encounter.

Estate planning isn’t just about who gets your money when you die. It’s also about what happens if you’re alive but unable to make decisions for yourself.

Who can access your finances? Who can pay your bills? Who can make healthcare decisions? Who can manage your property?

You might assume your spouse or an adult child can simply step in. But without the appropriate legal documents, that assumption can create significant problems. If you haven’t made your wishes known, a Virginia court may ultimately have to make decisions for you.

“Can’t I just download the documents online?”

You can. The internet has made it incredibly easy to find do-it-yourself legal documents.

But “easy” and “effective” aren’t always the same thing.

Estate planning is personal. Your family circumstances, assets, business interests and goals are different from everyone else’s. Virginia law also has specific requirements that need to be followed.

My job isn’t simply to hand you a stack of forms. It’s to help you think through the issues you may not have considered, and then create documents designed around your circumstances.

“Do I need a will, a trust or an advance directive?”

My answer is usually: It depends.

I sometimes describe an estate plan as a house. A will might be one room. An advance medical directive might be another. A trust could be another. Not every house needs the same number of rooms.

A will can specify who receives your assets and address guardianship for minor children. An advance medical directive names someone to make medical decisions if you cannot.

A trust can include specific terms regarding how and when beneficiaries receive your assets and, depending on the circumstances, help with issues such as probate and taxes.

The important thing is making sure the pieces work together.

“When should I update everything?”

Please don’t put your estate plan in a drawer and forget about it.

I generally recommend reviewing it every three to five years. More importantly, review it whenever life changes in a significant way: marriage, divorce, a new child or grandchild, a death in the family, a move, a major change in your assets, a change in tax law or a change involving the people you’ve named as your executor, guardian or trustee.

And if you own a business, don’t overlook succession planning. What happens to the business if you retire, become incapacitated or die? Those decisions are much easier to make when you’re sitting around a conference table with your family than when everyone is trying to figure them out during a crisis.

Ultimately, I tell my clients that estate planning isn’t really about preparing for death.

It’s about preparing for life’s uncertainties.

None of us knows what tomorrow will bring. But we can decide, today, who we trust to carry out our wishes if we can’t do it ourselves. That’s a gift to your family—and, in my experience, one that brings considerable peace of mind.

If you’ve been putting off estate planning, or simply aren’t sure whether a trust makes sense for your family—we’d be happy to help you sort through your options. At PJI Law, we take the time to understand your family, your assets, and your goals before recommending a plan. Call (703) 865- 6100 or visit www.pjilaw.com to schedule a complimentary, confidential estate planning consultation.

Call (703) 865-6100 or visit www.pjilaw.com