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Estate and Trust Administration

Virginia Estate & Trust Administration Attorneys 

If a loved one named you their executor, personal representative, or trustee, then you’re responsible for administering and protecting their assets following their death. This may require you to interpret wills, trusts, or other documents, as well as make financial or legal decisions on behalf of the estate. 

These fiduciary responsibilities can be complex, time-consuming, and expensive. Depending on the situation, you may need familiarity with finance, business, and real estate, as well as the various laws that govern estates, trusts, and probate. 

Few people can handle all of this. Thankfully, you’re not expected to go at it alone. Our estate and trust administration attorneys in Virginia can help you fulfill your obligations in accordance with local rules and regulations. Even seasoned representatives frequently rely on experienced lawyers to help them navigate state laws and make difficult decisions.   

To schedule a free consultation with the Virginia estate and trust administration lawyers at J.S. Burton, call (888) 885-9001 or send us your availability using our contact form. 

Managing Estates & Trusts in Virginia Beach, Williamsburg, & McLean

As a trustee or executor, you have a fiduciary responsibility to act on behalf of the person who entrusted you to manage their assets and carry out their final wishes. 

Your duties may include: 

  • Contacting beneficiaries and creditors
  • Executing the estate plan
  • Filing documents with the court 
  • Keeping a record of relevant transactions
  • Keeping up with payments and filing tax returns
  • Litigating any disputes (if necessary)
  • Managing estate and/or trust accounts
  • Managing investments
  • Requesting appraisals
  • Transferring and/or selling property

In addition, executors must also represent the estate in court during probate, which is the legal process that ensures assets are transferred according to the provisions outlined in the decedent’s will. This process can be particularly intimidating, especially if it’s your first time acting in this capacity.    

Opinions That Matter Most

Read What Our Former Clients Have to Say
    "ll of John's staff are friendly and personable. I certainly endorse J.S.Burton for anyone needing assistance with their estate planning."

    John has assisted me with my estate planning. All aspects of my trust are clearly defined in a folder which were explained by John and are very clear and easy to understand. John reached out to my financi

    - Elizabeth M.
    "Thorough, responsive, and knowledgeable. I highly recommend this firm!"
    Thorough, responsive, and knowledgeable. I highly recommend this firm!
    - Krystin R.
    "I highly recommend his services to anyone in need"
    We consider ourselves very fortunate to have had his guidance for over two decades
    - Ryan D.
    "We are so happy with Mr. Burton's services and would give him the highest recommendation possible."
    We are so happy with Mr. Burton's services and would give him the highest recommendation possible.
    - Kathy R.
    "Excellent service"
    The service was excellent!
    - Susan B.
    "Competent, professional service"
    Competent, professional service.
    - Fred S.
    "Above-and-beyond attitude"
    My family and I are in your debt and look forward to working with you in the future!
    - William P.
    "Outstanding estate planning services"
    Fallon Whidden Esq. provided outstanding Estate Planning services for myself and my family.
    - William P.

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    FAQs

    • What is estate planning?

      When someone passes away, his or her property must somehow pass to another person. In the United States, any competent adult has the right to choose the manner in which his or her assets are distributed after his or her passing. (The main exception to this general rule involves what is called a spousal right of election which disallows the complete disinheritance of a spouse in most states.) A proper estate plan also involves strategies to minimize potential estate taxes and settlement costs as well as to coordinate what would happen with your home, your investments, your business, your life insurance, your employee benefits (such as a 401K plan), and other property in the event of death or disability. On the personal side, a good estate plan should include directions to carry out your wishes regarding health care matters, so that if you ever are unable to give the directions yourself, someone you know and trust can do that for you.

    • 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.

    • 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
    • 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.