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J. S. Burton, P.L.C. J. S. Burton, P.L.C.
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Fairfax

Fairfax, VA, Estate Planning Attorney

When you think about estate planning, what is the first thing that comes to mind? For many of us, it is a sense of "I’ll get to it when things slow down." But we know as well as you do that life in Northern Virginia rarely slows down. You might be at a stage where you’ve worked hard to build a career, raise a family, or grow a business, and now you’re looking around and wondering: What happens if I’m not the one at the helm anymore?

Maybe you’re thinking about your kids and who would step in to care for them. Perhaps you’re looking at your home and your investments, wanting to keep them within the family rather than tied up in a public court process. Or maybe you’re caring for an aging parent and realizing you want a clearer plan for what comes next. Whatever brought you here, we believe an estate plan is not just about paperwork. It is about clarity, autonomy, and looking out for the people you love.

At J. S. Burton, P.L.C., we provide the steady, knowledgeable counsel needed to turn those "what ifs" into a solid strategy.

If you have been thinking about creating or updating an estate plan, this is a good time to start the conversation. Call (888) 885-9001 today for a free consultation.

Why Estate Planning Matters More Than People Realize

We hear it all the time: "It feels too overwhelming," or "I'm not sure I have enough assets to need a complex plan."

The truth is, without a clear plan, the state of Virginia has a "default" one waiting for you, and you likely won't like the results. Without your own documents in place, vital decisions about your finances, your health, and even who would care for your children could end up in the hands of a court.

This kind of planning gives you the opportunity to:

  • Decide who handles financial and medical decisions if you cannot
  • Outline how and when assets should be distributed to your heirs
  • Reduce potential confusion or conflict among family members
  • Protect minor children or dependents with specific guardianship choices
  • Simplify the probate and estate administration process for your loved ones

Addressing the Realities of Modern Families

Family dynamics are rarely simple, and your legal plan should acknowledge that reality. We frequently help residents navigate the nuances of blended families and second marriages.

Without a clear strategy in place, it is easy for misunderstandings to pop up when it comes to property or protecting children from a previous marriage. We help you navigate that "balancing act", creating a path where a surviving spouse is well provided for while still preserving a meaningful inheritance for your children. Our goal is to bring structure to these conversations, so every branch of your family feels respected and your wishes are followed exactly as you intended.

Plan for Incapacity Before a Crisis Happens

One of the most overlooked parts of planning has nothing to do with what happens after death. It involves what happens if you are still here but temporarily or permanently unable to make decisions for yourself.

We often speak with families trying to help a loved one during a medical emergency only to realize no legal authority was ever put in place. Even close family members may face delays and legal obstacles when trying to assist with financial or healthcare decisions during a crisis. We focus on getting the necessary designations in order so you are protected while you are still here, keeping the decision-making power in the hands of those you trust.

Ways We Help Clients Plan for the Future 

At J. S. Burton, P.L.C., we help clients with a wide range of legal planning services. Some clients come to us looking for a basic foundation. Others need more advanced strategies tied to businesses, investments, or long-term care concerns.

Our services commonly include:

  • Wills and revocable trusts
  • Asset protection
  • Offshore estate planning
  • Deferring capital gains strategies
  • Elder law and long-term care
  • Special needs planning
  • Guardianships and conservatorships
  • Fiduciary, executor, and trustee services
  • Trust litigation
  • Probate and estate administration

A Steady Hand Through the Probate Process

Losing someone is heavy enough without the added weight of the courthouse. If you have been named an executor or a trustee, you might feel like you have been handed a second full-time job.

Our role is to walk you through it. We manage the technical complexities of probate administration, working with the Fairfax County Commissioner of Accounts to keep the process moving. We help you manage assets and keep communication clear with beneficiaries to prevent misunderstandings before they turn into conflicts. If a dispute does arise, our background in litigation allows us to represent the original intent of the plan and seek a fair resolution.

Integrating Your Professional World

Have you planned for the day you want to step back? Fairfax has a strong entrepreneurial community. Whether you are a consultant, a contractor, or a practice owner, your business is likely your most significant asset.

We bridge the gap between business law and estate planning by assisting with succession strategies. We help you decide how your company transitions when you are ready to retire or if you encounter a health crisis, protecting both your business partners and your family’s financial interest.

What Makes J. S. Burton, P.L.C. Different

We are a boutique law firm, which allows us to spend more time understanding the people behind the documents. Many of our clients stay with us for years. Why? Because life doesn't stay the same. You might welcome a grandchild, sell a company, or move into a new stage of retirement. We aim to be the steady resource you turn to whenever your priorities shift, with a plan that is always a true reflection of your current life.

Take the First Step Toward Clarity

You don’t need to have all the answers before you call us. In fact, most people don’t. Our job is to listen, ask the right questions, and build a framework that gives you a genuine sense of relief.

J. S. Burton, P.L.C. is here to provide the knowledgeable counsel you and your family deserve. Whether you are starting from scratch or updating an old plan that no longer fits, we are ready to help you find the path forward.

Contact J. S. Burton, P.L.C. today at (888) 885-9001 to schedule your free consultation and start building an estate plan that reflects the life you have built.

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.