Skip to Content
J. S. Burton, P.L.C. J. S. Burton, P.L.C.
Free Consultation 888-885-9001
Top
Arlington

Arlington, VA, Estate Planning Attorney 

Most of our clients in Arlington have one thing in common: they are used to being the ones in charge. You’ve spent years making the decisions that built your career, grew your business, and provided for your family. 

But have you ever stopped to wonder what happens when you aren't the one making the calls?

Estate planning often feels like a task for "later" because, in a place as driven as Northern Virginia, "now" is usually occupied by more immediate demands. However, we believe that a solid plan isn't actually about the end, it’s about the here and now. 

At J. S. Burton, P.L.C., we provide a proactive framework that fits the reality of your life, whether you are navigating high-value real estate, protecting a professional practice, or preparing your family for whatever comes next. We are proud to serve as a steady legal resource for individuals and families throughout the Arlington community.

Start your planning today. Call (888) 885-9001 or send us a message through our online form.

Direct Answers to What Our Clients Ask Most

We find that most people we work with come to us with a few specific "what if" scenarios. Addressing these early helps you see how a tailored plan provides immediate clarity.

Is a trust better than a will in Virginia?

For many families, the answer is often yes. While a will is foundational, it must go through probate, a public and sometimes lengthy court process. In a high-value real estate market like ours, a trust allows you to transfer property privately and efficiently, keeping your family’s financial business off the public record.

How often should I update my plan?

We recommend a review every three to five years. However, life often moves faster than that. If you’ve recently had a child, sold a business, or moved a parent into a care facility, your plan needs an immediate tune-up so it still reflects your current reality.

Can you handle my business and my personal estate together?

Yes, and we believe they should never be separated. Your business is likely your largest asset. We integrate your business succession plan with your personal estate strategy so that your professional legacy and your family’s security are locked in together.

Why People Always Choose to Partner with Us

Arlington is characterized by high property values and a highly motivated community. We have spent over 20 years helping neighbors navigate the transition of wealth and the complexities of local estate law.

  • A holistic strategy. We don’t just look at your bank account; we look at family dynamics, charitable goals, and your long-term vision.
  • Multigenerational focus. We aim to be a stable point of contact for your children and grandchildren when the time comes to manage a trust or settle an estate.
  • Practical, plain language. We skip the legalese to help you understand exactly how your plan works and why each piece is there.

Foundations: Tailored Wills & Trusts

Many assume estate planning starts and ends with a will. While important, a complete strategy often involves several tools working together to protect you during your life and your heirs later on.

  • Revocable living trusts. These allow you to maintain control over your assets while simplifying the process for your heirs. They are a favorite for local homeowners who value privacy.
  • Last will and testament. This serves as the cornerstone for your wishes, especially for young families who need to name guardians for minor children.
  • Irrevocable trusts. For those looking to address specific tax concerns or provide long-term asset protection, these offer a more permanent solution to shield wealth from liabilities.

Asset Protection & Wealth Preservation

You have worked hard to build your success. Protecting those achievements from unforeseen circumstances is a core part of our practice. We implement legal structures that help shield your hard-earned resources from creditors or litigation.

This includes specialized strategies like deferring capital gains, which is a high priority for our clients with significant real estate holdings or business interests. For those with international ties or property abroad, our experience in offshore estate planning helps your plan stay robust regardless of where your assets are located.

Caring for Family: Special Needs & Elder Law

Planning for the most vulnerable requires both technical skill and genuine empathy. Families caring for a loved one with disabilities need planning that protects long-term financial stability without compromising access to government benefits like SSI or Medicaid.

As you move closer to retirement, we help you navigate elder law concerns:

  • Powers of attorney. Designating a trusted individual to handle your affairs if you cannot.
  • Advance medical directives. Clearly outlining your wishes for medical care.
  • Long-term care readiness. Discussing asset preservation to help you stay in the driver's seat of your future healthcare and financial decisions.

Navigating Probate & Estate Administration

Losing a loved one is difficult enough without trying to navigate probate court alone. Virginia probate procedures can become time-consuming, especially when an estate includes business interests or property in multiple states.

Our team walks alongside executors and trustees to manage the probate administration process. We help you stay on track with the Commissioner of Accounts, from notifying creditors to the final distribution. If disagreements arise, our background in trust litigation allows us to represent your interests and seek a resolution that respects the original intent of the estate creator.

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

Estate planning is personal. It involves family dynamics and health issues that people do not discuss lightly. Clients come to us because they want more than generic forms or rushed meetings.

We pride ourselves on being approachable. You do not need to have every detail figured out before speaking with us. Often, the first step is simply discussing what matters most to you. We help you revisit and adjust your planning as life changes, so your legacy is always protected.

Start the Conversation Today

Your legacy is about much more than just a list of assets. It is about the stories you leave behind and the security you provide for the people who matter most. Let’s work together to create a plan that reflects your life and protects your future.

J. S. Burton, P.L.C. is ready to listen, advise, and help you take the next step with confidence. Contact us today at (888) 885-9001 to schedule your consultation.

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.

    Schedule a Free Consultation

    Learn About Your Legal Options

    • Please enter your first name.
    • Please enter your last name.
    • Please enter your phone number.
      This isn't a valid phone number.
    • Please enter your email address.
      This isn't a valid email address.
    • Please make a selection.
    • Please enter a message.
    • By submitting, you agree to receive text messages from J. S. Burton, P.L.C. at the number provided, including those related to your inquiry, follow-ups, and review requests, via automated technology. Consent is not a condition of purchase. Msg & data rates may apply. Msg frequency may vary. Reply STOP to cancel or HELP for assistance. Acceptable Use Policy

    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.