By Adam L. Engel, Esq. | Estate & Probate Attorney | Shin Law Office

5 Critical Mistakes Northern Virginia Families Must Avoid in Wills and Trusts

As an estate planning attorney here in Loudoun County, I’ve seen families across Northern Virginia, whether in Fairfax, Arlington, Prince William, or right here in Loudoun, face unnecessary stress because of avoidable mistakes in their wills and trusts.

The good news is that with proper planning, you can protect your loved ones, avoid court delays, and ensure your wishes are honored.

Here are the five most common mistakes I help clients avoid.

Mistake 1: Using DIY Forms Without Legal Guidance

Online templates and one-size-fits-all forms might look appealing, but they rarely comply with Virginia’s specific laws.

I’ve worked with families in Fairfax and Loudoun who believed they had a “valid” will—only for it to be rejected in probate court.

A carefully drafted, Virginia-compliant document is the only way to ensure your estate plan works when it matters most.

Mistake 2: Failing to Update Your Will or Trust

Life changes—marriages, divorces, new children, relocations, or even acquiring property in Arlington or Prince William County.

If your will or trust isn’t updated to reflect those changes, your estate plan may create disputes or exclude the very people you intended to protect.

I always recommend reviewing and updating your documents every few years or after major life events.

Mistake 3: Ignoring Guardianship Provisions for Minor Children

Too many parents in Northern Virginia overlook the importance of naming guardians for their children.

Without clear guardianship instructions, a Loudoun or Fairfax court will decide who cares for your children, not you.

Including detailed guardianship designations in your will is one of the most important steps you can take as a parent.

Mistake 4: Not Properly Funding a Trust

Creating a trust is only the first step—you must also “fund” it by transferring assets into the trust’s name.

I’ve seen families in Arlington and Prince William lose the privacy and efficiency of a trust because accounts and property were never retitled.

A trust without funding is an empty shell, and I work closely with clients to make sure this critical step is completed.

Mistake 5: Overlooking Tax and Probate Implications

Northern Virginia families with substantial assets must account for both federal estate taxes and Virginia’s probate process.

A poorly drafted plan can cost families in Fairfax or Loudoun thousands in avoidable taxes and fees.

By addressing tax strategies and probate avoidance upfront, I help protect more of your legacy for your heirs.

Protecting Your Legacy Across Northern Virginia

Every family in Loudoun, Fairfax, Arlington, and Prince William County deserves an estate plan that works when it matters most.

By avoiding these five common mistakes, you can protect your family’s future and ensure your legacy passes on smoothly.

Together, we’ll safeguard your wishes and give your loved ones peace of mind.

Call Shin Law Office today at 571-445-6565 or use our online contact form to schedule a consultation with me.

— Adam L. Engel, Esq.


Attorney | Shin Law Office
Call 571-445-6565 or book a consultation online today.