Helena S. Mock
Top rated Estate Planning & Probate attorney in Williamsburg, Virginia
The Peninsula Center for Estate and Lifelong Planning
Practice areas: Estate Planning & Probate, Tax; view more
Licensed in Virginia since: 2000
Education: William & Mary Law School
Selected to Super Lawyers: 2013 - 2026 
Selected to Rising Stars: 2007 - 2008 Call today:
757-969-1900
The Peninsula Center for Estate and Lifelong Planning
461 McLaws CircleSuite 2
Williamsburg, VA 23185 Visit website
Details 
Founder of The Peninsula Center for Estate and Lifelong Planning, Helena S. Mock represents clients throughout the Commonwealth of Virginia and State of North Carolina who need legal services related to estate, tax, and business planning. An Accredited and Certified Estate Planner with an Avvo rating of “Superb”, Ms. Mock is also accredited by the Department of Veterans Affairs to aid U.S. military veterans with obtaining benefits.
Within the legal focus of estate planning, Ms. Mock handles the following types of cases: drafting wills, powers of attorney, and revocable and irrevocable trusts; probate and trust administration matters; business planning; charitable planning; estate and gift tax planning; and retirement asset planning. She also handles legal issues for local nonprofit organizations; fiduciary accounting matters; trust reformation or modification; instituting guardianships and conservatorships; and business exit planning.
Admitted to practice by the Virginia Supreme Court, the U.S. District Court for the Eastern District of Virginia, the U.S. Court of Appeals for the 4th Circuit, and the North Carolina Supreme Court, Ms. Mock also served as an adjunct Professor of Law at the William & Mary Law School for more than 15 years and received the St. George Tucker Adjunct Professor of Law award in 2014. In addition, she holds the designations of Accredited Estate Planner® and Certified Estate Planning Law Specialist® from the National Association of Estate Planners & Councils.
After earning a Bachelor of Arts degree from the University of Maryland, Ms. Mock went on to Old Dominion University and received two Master of Arts degrees. She then earned her Juris Doctor from the College of William & Mary Law School. She is a member of the Virginia State Bar and its Trusts and Estates Section; the North Carolina State Bar and its Estate Planning and Fiduciary Law Section; the Virginia Bar Association; the Williamsburg Bar Association; and the Virginia Peninsula Estate Planning Council where she served as its president in 2018.
Practice areas
Estate Planning & Probate, Tax: ConsumerFocus areas
Estate Planning, Guardianships & Conservatorships, Probate & Estate Administration, Tax Law
- 70% Estate Planning & Probate
- 30% Tax: Consumer
First Admitted: 2000, Virginia
Professional Webpage: https://www.tpcestate.com/attorney/helena-s-mock/
Bar / Professional Activity
- Admitted to Practice in North Carolina; Member of the North Carolina State Bar and its Estate Planning and Fiduciary Law Section., 2021
- Member, Life Care Planning Law Firms Association, 2016-2019
- U.S. Court of Appeals 4th Circuit, 2002
- Virginia Peninsula Estate Planning Council, Member since 2001
- President, Virginia Peninsula Estate Planning Council, 2017 - 2018
- Member, Virginia State Bar, 2000
- Secretary, Virginia Peninsula Estate Planning Council, 2013-2014
- 2nd Vice President, Peninsula Estate Planning Council, 2015-2016
- U.S. District Court Eastern District of Virginia., 2002
- Member, National Academy of Elder Law Attorneys
- Member, Williamsburg Bar Association
- Treasurer, Newport News Bar Association, 2002-2007
- 1st Vice President, Virginia Peninsula Estate Planning Council 2016-2017
- Virginia Supreme Court, 2000
- Member, Virginia State Bar Trust & Estates Section., 2001
- Member, Virginia Bar Association
- Treasurer, Virginia Peninsula Estate Planning Council, 2014-2015
Special Licenses / Certifications
- Certified Estate Planning Law Specialist, National Association of Estate Planners and Councils, 2021
- Accredited Estate Planner, National Association of Estate Planners & Councils, 2016
- Department of Veterans Affairs Accredited Attorney, 2011
Pro bono / Community Service
- Advisory Board Member, Dream Catchers at the Cori Sickich Therapeutic Riding Center, 2012-2022
- Treasurer, Newport News Bar Association 2002-2007
- Board Member and Secretary, Avalon - A Center for Women and Children, 2002-2003
- Secretary and Board Member, Williamsburg House of Mercy, 2016 - Present
- Director, William & Mary Law School Elder & Disability Law Clinic, 2012-2019
- Secretary and Board Member, Mary Immaculate Hospital, 2012-2016
Educational Background
- Old Dominion University, M.A., 1996
- University of Maryland, B.A., 1992
White Papers
- This article explains how grantor trusts are taxed relative to individuals, trusts, and estates., Tax Benefits of a Grantor Trust, Estate Planning, Tax, 2022
- The SECURE Act was signed into law on December 20, 2019 with the underlying premises of enhancing individual retirement savings and simplifying the administration of our retirement system. The article explains some of the features most important from an estate planning perspective, specifically the elimination of the "stretch IRA.", Changes to Retirement Savings After the SECURE Act of 2019, Estate Planning, Tax, 2022
- The Spousal Lifetime Access Trust is an estate planning technique for married clients with significant wealth or those concerned with liability protection, but who are leery of giving up assets to an irrevocable trust. A SLAT is an irrrevocable trust for the benefit of the spouse, and can be structured so the donor spouse is "technically" not giving up access to or control over the assets. , Introduction to the Spousal Lifetime Access Trust (SLAT), Estate Planning, Tax, 2020
- The Corporate Transperancy Act was enacted as an effort to further combat money laundering, terrorist financing, and tax fraud accomplished through illegitimate shell corporations. The CTA requires certain foreign and domestic entities to disclose personal information about their owners to the Department of Treasury's Financial Crimes Enforcement Network (FinCen). The article explains the proposed regulations implementing the CTA and gives business owners an overview of what they will need to do in the future to comply with the CTA's reporting requirements., New Federal Reporting Requirements for Small Business Owners, Estate Planning, Tax, Corporate, 2023
- In December 2022, SECURE 2.0 was signed into law. The new law contains 92 provisions that build on and expand the rules created under the SECURE Act of 2019. The article provides just a brief overview of some of the more interesting changes relevant to estate planning., SECURE 2.0 - What Is It and How Does It Apply to Me, Estate Planning, Tax, 2023
- The Asset Protection Trust is a self-settled irrevocable trust that is created to hold certain assets and, as a result, you are no longer deemed to own those assets. Virginia law does allow a settlor to create a self-settled spendthrift trust which is shielded from the reach of the settlor's creditors. In order for the assets to be protected, the trust must be a “qualified self-settled spendthrift trust” as defined under Virginia law., Asset Protection: What You Really Need to Know, 2015
- Virginia defines a digital asset as an electronic record in which an individual has a right or interest. Article 3.1 of the Virginia Code is the Uniform Fiduciary Access to Digital Assets Act, which describes how to protect your digital accounts after you pass away. This Article provides that your trustee, personal representative, or agent under a power of attorney is allowed to manage your digital assets and can restrict the fiduciary from accessing your electronic communications, including emails and texts, unless otherwise specified in your estate planning documents. , What Happens to Your Digital Assets After You Pass Away, 2020
- Special Needs Planning involves setting aside assets which will benefit the disabled person but will not disqualify her for government benefits. The main purpose of a Special Needs Trust is to enhance the quality of life for the disabled person by providing funds that will supplement what the individual otherwise receives from the government., Planning for Your Special Needs Beneficiary, 2019
- Every married person should be aware of the statutory claims available for a surviving spouse under Virginia law which provide, essentially, that you cannot disinherit your spouse without your spouse’s consent., What You Need to Know About Automatic Spousal Entitlements Under Virginia Law, 2020
- Under the new 2019 SECURE Act, a new maximum “stretch” period for non-spousal beneficiaries of qualified retirement plan assets was limited to ten (10) years. Rather than having the non-spousal beneficiary withdraw the entire amount of the funds within 10 years, a charitable remainder trust (CRT) could be established to stretch those distributions over the life of the beneficiary with the balance passing to charity at the individual's death., Using Qualified Retirement Plan Assets to Fund a Charitable Remainder Trust After the SECURE Act of 2019, 2020
Scholarly Lectures / Writings
- This presentation was made to Elder Law and Estate Planning Attorneys who assist clients in planning for the possibility of future incapacity and discussed how life care planning can help clients 1) be able to make legal, financial, and health care decisions without government or court intervention; 2) find, obtain, and pay for good long-term care; 3) prolong a senior's stay at home or in independent/assisted living instead of skilled nursing care; 4) protect the senior's quality of life; and 5) preserve assets and ensure they pass as desired when no longer needed., Speaker, Life Care Planning - A Holistic Approach to Aging, The Virginia Association of Elder Law Attorneys, Elder Law, 2020
- This presentation discussed sweeping changes proposed by the Build Back Better Bill and, although not successful, provided a look at the changes we could soon be facing which would impact not only taxes but also the ways in which estate planners plan., Speaker, Tax Planning Strategies - Using Trusts to Save Taxes, The Virginia Association of Elder Law Attorneys, Estate Planning, Tax, Elder Law, 2022
- Featured Speaker on the following topics: Using Special Needs Trusts; Trust-Based Medicaid Planning; Applying for Medicaid; Pre-Need Asset Planning., Speaker, Protecting Assets While Qualifying for Medicaid, National Business Institute, Inc., 2019
- , Featured Speaker, Legal Tools for Caregivers, Virginia Caregiver Coalition, Elder Care, 2018
- , Speaker, Designing Your Life Plan: Long-Term Financial Planning and Legacy Building, College of William & Mary, 2019
- , Speaker, Protecting Assets While Qualifying for Medicaid, National Business Institute, Elder Law Attorneys, 2019
- Speaker, Determining if the Spouse's Elective Share is a Reasonable Option, National Business Institute - The Probate Process from Start to Finish, 2013
- Speaker, Maintaining an Ethical Balance in Probate Practice, National Business Institute - The Probate Process from Start to Finish, 2013
- Speaker, Trust Administration / Ethical Issues, Virginia CLE - Trust Administration 2012
- Speaker, Estate Planning in the Digital Age, Community Action Plan on Aging, 2012
- Speaker, Trust Planning, National Business Institute - Trusts 101, 2010
- Speaker, Estate Planning, National Business Institute - Top Estate Planning Techniques, 2009
- Speaker, Estate Administration Issues, National Business Institute - The Probate Process from Start to Finish, 2008
- Speaker, Elder Law Issues, National Business Institute - Elder Care in Virginia Legal & Financial Issues, 2005
- Speaker, Estate Taxes, National Business Institute - How to Protect Assets During Live & Avoid Tax at Death in Virginia, 2004
- Speaker, Estate Administration, National Business Institute - The Probate Process for Virginia Paralegals, 2003
- Speaker, Medicaid Planning, National Business Institute, 2016
- Adjunct Professor of Law, College of William and Mary School of Law, 2004 - Present
- Speaker, Elder Law Issues for Family Caregivers, Virginia Caregiver Coalition, 2014
- Speaker, Special Family and Lifestyle Tax Issues, 61st Annual William & Mary Tax Conference, 2015
- St. George Tucker Adjunct Professor of Law, College of William & Mary Law School, 2015
- Speaker, Top Post-Mortem Planning Techniques, National Business Institute - Top Estate Planning Techniques, 2014
- Speaker, Special Needs Trusts, National Business Institute - Top Estate Planning Techniques, 2014
Honors
- Attorney of the Year, Top 100 Lawyers, 2022
- Top Law Firm, America's Best Advocates, 2023
- Top 50 Women Attorneys, Super Lawyers, 2022
- Attorney of the Year, Top 100 Lawyers, 2021
- Attorney of the Year, Top 100 Registry, 2020
- Top Attorneys In Virginia, Richmond Magazine, 2020
- Client Champion - Silver, Martindale Hubbell, 2020
- Top Lawyer, Coastal Virginia Magazine, 2020
- America's Most Honored Lawyers, The American Registry, 2020
- Top Lawyers of Coastal Virginia, Top Lawyer, Coastal Virginia Magazine, 2019
- Legal Elite, Virginia Business Magazine, 2015
- Top Lawyers of Coastal Virginia, Top Lawyer, Coastal Virginia Magazine, 2018
- Client Distinction Award, Martindale-Hubbell, 2013
- Client Distinction Award, Martindale-Hubbell, 2015
- Recognized for excellence in teaching, St. George Tucker Adjunct Professor of Law, William & Mary Law School, 2014
- 10 Best Estate Planning Attorney - Virginia - Exceptional and Outstanding Client Service, 10 Best Attorneys, American Institute of Legal Counsel, 2018
- ..., AVVO Client's Choice Award, AVVO, 2016
- Top Lawyer, Worldwide Registry, 2014
- Demonstrating excellent client care, Client Satisfaction Award, American Institute of Legal Counsel - Elder Law Division, 2016
- Recognized as SuperLawyer, Global Strategy Group, 2013-2019, Virginia Super Lawyer, 2019
- ..., Virginia Exceptional Lawyer, Richmond Magazine, 2017
Industry Groups
- Estate And Gift Taxation
- Exempt Organizations
- Government Benefits
Office location for Helena S. Mock
461 McLaws Circle
Suite 2
Williamsburg, VA 23185
Phone: 757-969-1900
Selections
14 Years Super Lawyers
2 Years Rising Stars
- Super Lawyers: 2013 - 2026
- Rising Stars: 2007 - 2008
