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Fiduciary, Executor, & Trustee Services

Fiduciary, Executor, & Trustee Service Attorneys in Virginia 

Also Serving Washington, D.C.

Do you need help selecting a fiduciary? A fiduciary is someone who acts on your behalf and is obligated to put your interests ahead of their own. In the context of estate and trust planning, a fiduciary is a person responsible for managing your estate or trust — usually a trustee or executor. 

J.S. Burton can help you evaluate whether a family member, professional, or corporate fiduciary may best facilitate your estate during your lifetime and after you’ve passed away. We also provide legal counsel to executors and trustees regarding estate and trust administration. 

Schedule an appointment with our Virginia fiduciary attorneys by calling (888) 885-9001 or use our contact form to send us your questions. 

Fiduciary Counsel in Virginia Beach, Williamsburg, McLean, & Surrounding Areas

A trustee is an individual with fiduciary responsibilities for a trust. An executor is responsible for overseeing and facilitating an estate plan. In Virginia’s legal statutes, an executor of an estate is sometimes referred to as a person’s “personal representative.” Often, these individuals are personally selected and named in a will or trust, but they can also be appointed by a court. 

In general, a fiduciary’s responsibilities may include: 

  • Administering trusts and/or the estate
  • Allocating and distributing assets 
  • Ensuring relevant tax returns are filed
  • Interpreting the will and/or trust
  • Making investment decisions 
  • Maintaining records of estate and trust transactions

Most importantly, fiduciaries must act in accordance with the stipulations outlined in the estate plan. 

Fiduciary Duties of Executors

Executors represent an estate and administer it according to the provisions outlined in a last will and testament. They are held to strict legal standards and must be approved by a judge to carry out their duties and represent the estate in court. 

The fiduciary responsibilities of an executor may include: 

  • Keeping record of estate transactions 
  • Keeping an inventory of estate assets
  • Litigating and overseeing probate
  • Managing estate accounts and investments
  • Preparing taxes
  • Representing the estate in probate
  • Transferring assets

Selecting an Executor or Trustee

Selecting a fiduciary is an important decision with long-term consequences. At J.S. Burton, our fiduciary, executor, and trustee service attorneys in Virginia will meet with you to discuss your situation, financial interests, and personal priorities, and we’ll help you select appropriate fiduciaries for your will, estate, and trusts.

Contact us today by calling (888) 885-9001 or message us to discuss your options. We have offices in Virginia Beach, Williamsburg, and McLean.

Opinions That Matter Most

Read What Our Former Clients Have to Say
    "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.
    "Friendly and personable service."
    J S Burton, PLC has helped with my estate planning. All aspects of my trust are clearly defined in an easy-to-understand folder. They coordinated with my financial planner seamlessly. The staff is friendly and personable. I highly endorse J S Burton.
    - Elizabeth M.
    "Thorough, responsive, and knowledgeable. I highly recommend this firm!"
    Thorough, responsive, and knowledgeable. I highly recommend this firm!
    - Krystin R.
    "Truly impressive and caring."
    J S Burton, PLC has been our family's trusted estate planner for over 20 years. Their professionalism, knowledge, and dedication are unmatched. They guide us through complex decisions with ease and clarity, always with a personal approach.
    - Ryan D.
    "Highly skilled and compassionate."
    J S Burton, PLC is an excellent estate planning firm—highly skilled, knowledgeable, and experienced. They listened with great kindness, compassion, and courtesy. All questions were answered, and a perfect estate plan was created. Very happy!
    - Kathy R.

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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.