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Business Formation

Business Formation Attorney in Washington, DC

Build A Business That Protects Your Future

The decisions you make when you form a company will affect your liability, taxes, and family for years to come. Choosing an entity type, structuring ownership, and signing governing documents are not just formalities; they are the foundation of your business and your personal planning. Working with a business formation attorney can give you clarity and confidence at a moment when the stakes are high.

At J. S. Burton, P.L.C., we help entrepreneurs and owners treat business formation as part of a larger plan for their families and their financial lives. Our team has spent more than 20 years guiding individuals, families, and closely held companies through decisions that touch both their businesses and their estates. We take time to understand what you are building, who you want to protect, and how your business fits into the rest of your planning.

Because we are a boutique firm, you work directly with our business law attorneys, not through layers of staff. We strive to provide accurate, confidential, and timely legal counsel so that you can move forward with your company knowing there is a thoughtful structure behind it. The sections below explain how we approach business formation for clients who live or work in the District and the surrounding area.

For trusted legal guidance, reach out to a knowledgeable business formation lawyer. Call (888) 885-9001 or contact us immediately to schedule your consultation.

Forming A Business With A Long Term Plan In Mind

Many people come to us when they are on the verge of an important step. They might be leaving a salary-based role to launch a new venture, formalizing a side business, bringing on a partner, or updating an older entity that no longer fits their goals. Others already own a company but realize their operating agreement, shareholder agreement, or family planning does not match how they actually want decisions and ownership to work.

In each of these situations, it can be tempting to view formation as a quick task. Online forms and filing services make it seem simple to select an entity and submit paperwork. What those tools do not usually address is how that choice affects your personal exposure to creditors, future tax treatment, or the smooth transfer of ownership if you retire, become disabled, or pass away. A structure that looks fine on paper can create problems later when life does not go as expected.

We approach business formation differently. We look at your company in the context of your existing or planned estate documents, your retirement plans, your charitable goals, and your broader asset protection strategies. We talk about who should control the business now and who you hope will take that role in the future. By connecting these pieces, we work to design an entity and governing documents that support your long-term vision rather than only your immediate launch.

Why Work With Our Business Formation Lawyer In Washington, DC

You will work with a boutique team that values personal relationships and long-term planning. Our attorneys have guided clients through combinations of business ownership, family dynamics, aging parents, and succession questions for more than two decades, and we bring that experience to each new engagement.

Because our practice includes estate planning, probate, trust administration, elder law, asset protection, business law, and charitable entity formation, we can view your business in a wider frame. That means we can help you think through how an LLC membership interest might pass into a trust, how a buy-sell agreement should coordinate with your will, or how charitable giving goals might interact with a family business. Instead of working with one professional for business and another for personal planning, you have one team that understands how each decision affects the others.

Clients often tell us they value the access and continuity they experience with our firm. We strive to be responsive, to explain your options in clear language, and to keep your information strictly confidential. Our goal is to build a relationship that lasts as your company grows, your family changes, and new planning opportunities appear, rather than to handle a single filing and move on.

Our Business Formation Process

Uncertainty about the process is one of the main reasons people delay forming or restructuring a business. We work to remove that uncertainty by giving you a clear understanding of what will happen from the first conversation through completion of the formation work and beyond. While each situation is unique, many of our engagements follow a similar path.

Initial Consultation and Goal Setting

We begin with an initial consultation where we talk in depth about your goals and concerns. This includes your business model, anticipated owners, whether family members will be involved, your risk tolerance, and any existing estate planning or asset protection structures. We ask questions designed to uncover not only what you want today, but also what you can imagine for the business five, ten, or twenty years from now. This conversation helps us understand which issues are most important to you, such as control, flexibility, or preparing for a future transition.

Evaluating Entity Options

After we understand your objectives, we help you evaluate potential entity options. That may include limited liability companies, corporations, partnerships, or professional entities, depending on the nature of your work and the laws that apply to it. We discuss how each option typically affects personal liability, management structure, and tax classification. When appropriate, we coordinate with your tax advisors so that the legal structure and tax strategy support each other.

Drafting and Reviewing Governing Documents

Once an entity type and ownership structure are chosen, we prepare and review the necessary documents with you. These often include formation filings, operating agreements, shareholder agreements, or partnership agreements. We discuss how provisions about voting, management authority, profit distributions, capital contributions, and buyouts work in practice. The goal is for you to sign documents that you understand and that match the way you expect to run your company and resolve disputes.

Coordinating With Estate Planning

Finally, we look at how the new business fits into your overall planning. That may mean updating your will or trust to address your ownership interest, revisiting powers of attorney, or adding asset protection measures. We also talk about what kinds of future changes might prompt a review, such as adding a partner, expanding into new lines of business, or significant changes in your personal life. Throughout the process, we aim to provide timely communication so you know where things stand and what comes next.

Key Decisions When You Form A Company Here

Forming a business is more than picking a name and filing articles with a District agency. Several key decisions will shape how your company operates and how it affects your personal finances and family. Understanding these decisions and working through them with guidance can prevent difficult conflicts later.

Choosing An Entity Type

One central choice involves the type of entity you form. A limited liability company, corporation, or partnership will each handle liability shielding, control, and possible tax treatment in different ways. For example, some clients place a high value on flexible internal arrangements that an LLC can provide, while others prioritize structures that may be more familiar to outside investors. We help you think about how each option aligns with your tolerance for risk, the complexity of your ownership group, and your long-term plans for the business.

Structuring Ownership and Control

Another important area involves how ownership is divided among founders, spouses, family members, and any investors. Questions about voting power, profit shares, and what happens if someone wants to exit can be sensitive. Clear provisions in operating agreements or shareholder agreements can reduce misunderstandings and provide a roadmap if owners do not see eye to eye in the future. We work with you to identify likely points of tension so that the documents address those scenarios directly.

Planning For Change and Transition

Planning for change is also a critical part of formation. A well-designed agreement not only describes how the business functions on a good day. It also explains what happens if an owner becomes disabled, retires, divorces, or dies. It might include buy-sell arrangements, rights of first refusal, or valuation mechanisms that apply during a transition. We pay careful attention to how these provisions intersect with your estate planning documents, so that your loved ones are not left trying to reconcile conflicting instructions at a difficult time.

Local Considerations For Business Formation In The District

Forming a company in the District involves working within a specific regulatory environment. Business entities in the District are typically created and maintained through systems overseen by the District of Columbia Department of Licensing and Consumer Protection. The type of entity you choose, and the activities your business will conduct, can affect which registrations and licenses are required and how often you must file reports or renewals.

These local rules do not change what you want from your business, but they do influence timing and ongoing responsibilities. For example, some owners prefer structures that keep compliance as streamlined as possible, while others are comfortable with additional reporting when it supports their strategic goals. We help you understand how formation and maintenance obligations fit into your day-to-day operations so that filings are less likely to be overlooked once the initial excitement of launch has passed.

Many of our clients have ties to both the District and Virginia. They may live in one location and operate in the other, hold real estate on one side of the river while their company is organized on the other, or expect that their heirs will be spread across both jurisdictions. In those situations, entity choice and planning can benefit from considering the interaction between District corporate rules and Virginia property or probate laws. We are well-positioned to have that regional conversation so that your company and your personal planning work together instead of in separate silos.

Local knowledge also matters when a business dispute or estate issue touches your company. Courts and agencies in the area may apply similar principles differently in practice, and understanding that landscape can help you plan for smoother transitions. While no attorney can control how a court will rule in a particular case, thoughtful formation and documentation can often reduce the likelihood of confusion or conflict if your business ever becomes part of a court proceeding.

Aligning Your Business With Estate Planning and Asset Protection

For many owners, a business is one of their most significant assets. Treating that interest as separate from your estate planning and asset protection strategy can leave gaps that only become apparent later. Because our practice includes estate planning, trust administration, elder law, and asset protection in addition to business law, we focus on aligning your company with your broader plan.

One part of that alignment involves how ownership interests are held. An LLC membership interest or shares in a closely held corporation can be titled in your individual name, in a revocable trust, or in other planning structures, each of which has different implications for privacy, probate, and control during incapacity. We talk through these options so you can decide how you want your business interests to be managed during your lifetime and how you would like them to pass after you are gone.

We also look at how to manage business interests during periods of disability or aging. Powers of attorney, successor trustee provisions, and carefully drafted operating or shareholder agreements can give trusted individuals the authority they may need to keep operations running if you become unable to act. For clients who expect to rely on their companies in retirement or who are concerned about future long-term care costs, we consider how business and personal assets fit into potential asset protection planning.

For owners of family businesses, succession is often at the heart of the conversation. You may want to keep the business in the family, transition control to one child while treating others fairly through different assets, or prepare key employees to buy in over time. These goals touch both business and personal planning. We work to coordinate documents such as buy-sell agreements, trusts, and wills so that they all express the same intention and provide a clear path forward for the next generation.

Don't hesitate—reach o/ut to an experienced business formation lawyer in Washington, DC now. Complete an online form to take the next step.

Frequently Asked Questions

What should I prepare before meeting with your team about my new business?

Before we meet, it is helpful to gather information about your current plans and any existing documents. You do not need to have everything decided, but having a basic overview of your business model, anticipated owners, and expected revenue can give us a solid starting point. If you already have an entity in place, bring any formation documents and agreements you have signed. Estate planning documents, such as wills or trust,s are also useful, since they may already mention your business or potential successors. During our conversation, we will ask questions to fill in any gaps, so you should not worry if some details are still taking shape.

How do I know which business entity is right for my situation?

The right entity for you depends on several factors, including liability concerns, tax goals, the number of owners, and how you want decisions to be made. We start by listening to what you want from your business, both now and in the future. Then we explain how options such as limited liability companies, corporations, or partnerships typically handle issues like personal asset protection, management authority, and potential tax classifications. In many cases, we coordinate with your tax advisors so that legal and tax planning point in the same direction. Our role is to give you clear information and tailored guidance so that you can choose a structure that fits your particular situation.

Can you coordinate my business formation with my existing estate plan?

Yes, coordinating business formation with your current estate plan is one of the key benefits of working with our firm. When you already have wills, trusts, or other planning documents, we review them to see how they address, or fail to address, your business interests. We then consider whether ownership of the new entity should remain in your name or be held in a trust or other structure. If your existing plan does not reflect your current business goals, we can discuss updates so that the two work together. Our aim is to help you avoid conflicting instructions and to create a unified plan for your business, your family, and your other assets.

What if my business partners or family members disagree about terms?

Differences among partners or family members are common, especially when people have different risk tolerances, timelines, or expectations. Our goal is to help you surface those differences early and address them directly in your governing documents. During the planning process, we can discuss potential points of conflict, such as who has final say on key decisions, how profits are shared, or what happens if someone wants to sell a stake. Clear, well-drafted operating agreements or shareholder agreements can provide procedures for handling disagreements and exits, which can reduce the emotional and financial strain of future disputes. While no document can eliminate all conflict, thoughtful planning often makes difficult situations more manageable.

How often should we revisit our business structure and planning?

There is no single schedule that fits every company, but certain events are strong signals that it is time to review your structure and planning. These events can include adding or removing owners, significant changes in revenue or risk profile, acquiring major assets, or expanding into new lines of business. Personal milestones such as marriage, divorce, the birth of a child, or approaching retirement are also good times to revisit how your business fits into your estate and asset protection plans. As part of our long term relationships with clients, we encourage periodic check-ins to see whether changes in your life or in the law suggest adjustments to your documents.

Can you help if I already formed an LLC online but am not sure it fits my goals?

We frequently work with clients who have already formed an LLC or corporation and later realize they are not confident in the structure or documents they used. In those situations, we typically begin by reviewing your existing filings and agreements to understand what is in place. We then talk with you about your current operations and long-term goals to identify any gaps or inconsistencies. Depending on what we find, next steps might include updating your operating agreement, clarifying ownership and management provisions, or considering whether a different structure would better serve your objectives. Our focus is on strengthening what you have and integrating it with your broader planning.

Do you work with business owners who live in Virginia but operate in the District?

Yes, many of our clients have lives and businesses that cross the Potomac. Some live in Virginia and operate companies in the District, others own real estate on one side and run a business on the other, and many have family members or future heirs in both places. When we work with clients in this situation, we look at how District business rules interact with Virginia property and estate considerations. That might include questions about where entities are formed, where they are qualified to do business, and how business interests will pass under each state’s laws. Our offices in Virginia and our work with clients who do business in the District position us to address these regional issues in a coordinated way.

Talk With Our Team About Your Business Formation Plans

Forming or restructuring a business is an opportunity to protect what you are building and to support the people who depend on you. Working with J. S. Burton, P.L.C. gives you access to a team that connects business formation with estate planning, trust administration, elder law, and asset protection so that your company fits into a thoughtful long term strategy. Whether you are just starting to explore an idea or are ready to formalize a growing venture, we are ready to talk through your goals and help you understand your options.

We handle conversations about your business and family with care and confidentiality, and we focus on practical, clear advice rather than legal jargon. Our goal is to build a relationship that supports you as your company evolves and as your life changes. When you are ready to discuss your plans with a business formation attorney in Washington, DC, whom entrepreneurs and owners can contact directly.

To schedule a consultation about your business formation plans, call (888) 885-9001.

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.