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Alexandria

Alexandria, VA, Estate Planning Attorney

At J. S. Burton, P.L.C., we believe your legal planning should be as distinct as the life you’ve built here. We don’t view estate planning as a one-time transaction or a stack of documents to be filed away and forgotten. Instead, it is a proactive strategy, a living framework that captures your intentions and provides your family with a clear roadmap for whatever the future holds.

Our approach is grounded in the reality of your daily life. We provide the steady, knowledgeable counsel needed to navigate the intersection of family dynamics, business succession, and long-term wealth preservation. Whether you are scaling a company or looking toward a peaceful retirement, we help you align your legal protections with your personal values.

Learn more about estate planning. You can reach out our team today by calling (888) 885-9001. Take the first step toward clarity.

How We Help You Protect What Matters

We have spent over 20 years navigating the nuances of Virginia law. Our approach is holistic, meaning we look at the big picture of your life, from your physical assets to your family’s long-term well-being.

Foundations: Wills & Trusts

  • Strategic Will drafting. Essential for naming guardians for minor children and directing personal property.
  • Revocable living trusts. The preferred tool for those looking to avoid the administrative hurdles of the probate system.
  • Inheritance planning. We help you decide not just who receives assets, but the structure and timing of those distributions to support long-term stability for your heirs.

Wealth Preservation & Asset Protection

Property values and local professional success bring specific risks. We implement legal structures designed to shield your hard-earned resources from unforeseen liabilities.

  • Deferring capital gains. Vital for clients with substantial real estate or business holdings.
  • Offshore estate planning. For those with international assets, we provide a global perspective to maintain a robust plan across borders.

Family Care: Elder Law & Special Needs

Planning is about being taken care of during your life, not just after.

  • Advance medical directives and power of attorney. Choosing the people you trust to make decisions if you are unable to do so.
  • Special needs trusts. Protecting a loved one’s quality of life without jeopardizing their eligibility for essential government support.
  • Guardianships. Providing a legal safety net for those who can no longer manage their own affairs.

Guidance for Your Most Pressing Questions

Most people start this process with a few specific concerns that keep them up at night. Clearing these up first helps make the rest of the planning feel much more manageable.

Why do I need more than just a Will?

In Virginia, a Will must go through probate. This is a public, court-managed process that can be slow, costly, and open to scrutiny. Many residents prefer revocable living trusts because they allow for a private, efficient transfer of assets. This keeps your family’s financial affairs off the public record and away from the administrative hurdles of the courthouse.

How often should my plan be reviewed?

Life in Northern Virginia moves fast. We recommend a review every three to five years as a rule of thumb. However, major milestones, such as buying a property, starting a business, or the birth of a child, should trigger an immediate update. Your plan should always reflect your current wishes, not who you were a decade ago.

Can you help with my business and my estate at the same time?

Absolutely. For many of our clients, their business is their most significant asset. We integrate business succession planning with your personal estate plan to support your professional legacy and your family’s financial security. We don't believe these two worlds should ever be treated as separate silos.

Navigating the Probate Process

When a loved one passes away, the legal requirements can feel like a heavy weight. Whether you are an executor or a trustee, we provide the steady hand you need.

  • Probate administration. We guide you through the filings required by the Commissioner of Accounts.
  • Fiduciary services. We assist executors and trustees in fulfilling their duties accurately and transparently.
  • Trust litigation. Should a conflict arise, we advocate for the original intent of the plan to seek a fair resolution.

Bridging Business & Legacy

Many in Alexandria are entrepreneurs or local leaders. We believe your business plan and your estate plan should speak the same language.

  1. Succession planning. Deciding how your company transitions when you are ready to step back.
  2. Buy-sell agreements. Protecting both your business partners and your family.
  3. Charitable entity formation. Helping you support causes you care about through formal giving structures.

The J. S. Burton, P.L.C. Difference

We are a boutique firm by design. This allows us to focus on relationships rather than volume. When you work with us, you aren't just getting documents; you are gaining a long-term partner who understands your history and your hopes for the future.

  • Every strategy is custom-built for your specific family dynamics.
  • We speak plainly and listen more than we talk.
  • Our attorneys bring deep experience in blending estate, business, and elder law.

Take the First Step Toward Clarity

One of the most common things we hear from clients is the sense of relief they feel once they finally have a plan in place. You don't need to have all the details figured out before we meet. Our job is to help you ask the right questions and build a framework that gives you confidence.

Contact us today at (888) 885-9001 to schedule your free consultation and start building an estate plan that reflects your life.

Opinions That Matter Most

Read What Our Former Clients Have to Say
    "Prompt, Professional, Courteous, Concerned and Caring"
    - Bill O.
    "If you're looking for trustworthy and skilled professionals for your estate planning, look no further!"
    I recently had the pleasure of working with Fallon Whidden from the JSBurton Law Firm for my estate planning needs, and I cannot recommend them highly enough!
    - Tamara C.
    "I give them a 5* plus! Honest, Reliable, and Caring!"
    John Burton is the best and most honest that I have found. You can rely on him for all your needs. Once you have spoken to him, you won't be going anywhere else.
    - Richard K.
    "We highly recommend them"
    We recently had our Living Trust prepared by Fallon at JS Burton, PLC and they did an excellent job. Everything was explained in great detail and Fallon was awesome to work with! We highly recommend them for estate planning services.
    - Paul H.
    "An excellent estate planning attorney"
    Mr. Burton, Esq. is an excellent estate planning attorney and I recommend him with a 5 star rating. He is patient and answers all questions. His organization of the plan that he provided was in a binder and very complete.
    - Jeffrey S.
    "Very professional, friendly, thoughtful, and highly knowledgeable, Fallon expedited preparation and delivery of my documents. Overall, this was an awesome experience"

    I just had a great experience with this firm in preparing my estate planning documents. I needed to update some wishes and also ensure everything is in line for the state of Virginia, as I moved here from Pennsylvania. I worked with Fallon Francesca Whi

    - Wendy V.
    "I would highly recommend him."
    I have met with Mr Burton several times and always found him to be professional and personable
    - Bonnie T.
    "Highly recommended for estate planning"
    We were heard and guided to do the best for our families needs
    - Fred S.

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FAQs

  • What estate planning documents should I have?
    A comprehensive estate plan should include the following documents, prepared by an attorney based on in-depth counseling which takes into account your particular family and financial situation:

    A Living Trust can be used to hold legal title to and provide a mechanism to manage your property. You (and your spouse) are the Trustee(s) and beneficiaries of your trust during your lifetime. You also designate successor Trustees to carry out your instructions in case of death or incapacity. Unlike a will, a trust usually becomes effective immediately after incapacity or death. Your Living Trust is "revocable" which allows you to make changes and even to terminate it. One of the great benefits of a properly funded Living Trust is the fact that it will avoid or minimize the expense, delays, and publicity associated with probate.

    If you have a Living Trust-based estate plan, you also need a pour-over will. For those with minor children, the nomination of a guardian must be set forth in a will. The other major function of a pour-over will is that it allows the executor to transfer any assets owned by the decedent into the decedent's trust so that they are distributed according to its terms.

    A Will, also referred to as a Last Will and Testament, is primarily designed to transfer your assets according to your wishes. A Will also typically names someone to be your Executor, who is the person you designate to carry out your instructions. If you have minor children, you should also name a Guardian as well as alternate Guardians in case your first choice is unable or unwilling to serve. A Will only becomes effective upon your death, and after it is admitted by a probate court.

    A Durable Power of Attorney for Property allows your agent to carry on your financial affairs in the event that you become disabled. Unless you have a properly drafted power of attorney, it may be necessary to apply to a court to have a guardian or conservator appointed to make decisions for you during a period of incapacitation. This guardianship process is time-consuming, expensive, emotionally draining and often costs thousands of dollars.

    There are generally two types of durable powers of attorney: a present durable power of attorney in which the power is immediately transferred to your agent (also known as your attorney in fact); and a springing or future durable power of attorney that only comes into effect upon your subsequent disability as determined by your doctor. Anyone can be designated, most commonly your spouse or domestic partner, a trusted family member, or friend. Appointing an agent assures that your wishes are carried out exactly as you want them, allows you to decide who will make decisions for you, and is effective immediately upon subsequent disability.

    The law allows you to appoint someone you trust to decide about medical treatment options if you lose the ability to decide for yourself. You can do this by using a Durable Power of Attorney for Health Care or Health Care Proxy where you designate the person or persons to make such decisions on your behalf. You can allow your health care agent to decide about all health care or only about certain treatments. You may also give your agent instructions that he or she has to follow. Your agent can then ensure that health care professionals follow your wishes. Hospitals, doctors and other health care providers must follow your agent's decisions as if they were your own.

    A Living Will informs others of your preferred medical treatment should you become permanently unconscious, terminally ill, or otherwise unable to make or communicate decisions regarding treatment. In conjunction with other estate planning tools, it can bring peace of mind and security while avoiding unnecessary expense and delay in the event of future incapacity.

    Some medical providers have refused to release information, even to spouses and adult children authorized by durable medical powers of attorney, on the grounds that the 1996 Health Insurance Portability and Accountability Act, or HIPAA, prohibits such releases. In addition to the above documents, you should also sign a HIPAA authorization form that allows the release of medical information to your agents, your successor trustees, your family and other people whom you designate.
  • How do I name a guardian for my children?
    If you have children under the age of eighteen, you should designate a person or persons to be appointed guardian(s) over their person and property. Of course, if a surviving parent lives with the minor children (and has custody over them), he or she automatically continues to remain their sole guardian. This is true despite the fact that others may be named as the guardian in your estate planning documents. You should name at least one alternate guardian in case the primary guardian cannot serve or is not appointed by the court.
  • What does my estate include?

    Your estate is simply everything that you own, anywhere in the world, including:

    • Your home or any other real estate that you own
    • Your business
    • Your share of any joint accounts
    • The full value of your retirement accounts
    • Any life insurance policies that you own
    • Any property owned by a trust, over which you have a significant control
  • Why is it important to establish an estate plan?

    Sadly, many individuals don’t engage in formal estate planning because they don’t think that they have “a lot of assets” or mistakenly believe that their assets will be automatically shared among their children upon their passing. If you don’t make proper legal arrangements for the management of your assets and affairs after your passing, the state’s intestacy laws will take over upon your death. This often results in the wrong people getting your assets as well as higher estate taxes.

    If you pass away without establishing an estate plan, your estate would undergo probate, a public, court-supervised proceeding. Probate can be expensive and tie up the assets of the deceased for a prolonged period before beneficiaries can receive them. Even worse, your failure to outline your intentions through proper estate planning can tear apart your family as each person maneuvers to be appointed with the authority to manage your affairs. Further, it is not unusual for bitter family feuds to ensue over modest sums of money or a family heirloom.