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J. S. Burton, P.L.C. J. S. Burton, P.L.C.
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Estate Litigation

Estate Litigation Lawyers in Virginia

The advantages and benefits of thorough estate planning are minimizing the chances of a dispute arising out of the distribution of assets and the role and the responsibilities of who is in charge of your estate when you are gone. Despite your best-laid plans, avoiding a will contest or other legal disputes is sometimes impossible.

When a contest arises regarding a will, trust or any other estate planning vehicle, or an accusation is made that an executor or fiduciary is failing to live up to his or her duties, the team at J.S. Burton, P.L.C. can offer experienced legal guidance.

Estate Litigation Matters We Handle in Virginia 

Our attorneys handle a wide range of trust and estate litigation, including matters such as:

  • Disputes regarding the appointment of a conservator over a large estate
  • Disagreements arising out of the distribution of personal effects
  • Undue influence claims (defend or pursue)
  • Questions regarding the capacity of the deceased at the time a will or other estate planning document was signed
  • Will contests and trust controversies'
  • Representation before county commissioners of accounts in a broad range of estate and probate matters

We represent heirs and beneficiaries seeking an accurate accounting from executors and personal representatives and other fiduciaries accused of wrongdoing. Regardless of the nature of a will contest or other estate disputes, our broad-based experience and thorough understanding of the law and process allow us to represent our clients’ interests efficiently and aggressively.

Call us today or contact us online!

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 a HIPAA Authorization?
      Some medical providers have refused to release information, even to spouses and adult children authorized by the Healthcare Power of Attorney on the grounds that the 1996 Health Insurance Portability and Accountability Act, or HIPAA, prohibits such releases.  Therefore, as part of your incapacity planning, you should sign a HIPAA authorization form that allows the release of medical information to your agents, successor trustees, family or any other individuals you wish to designate.
    • What is a living will or advance medical directive?
      A living will or advance medical directive 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.
    • What is a Durable Power of Attorney for Health Care?
      The law allows you to appoint someone 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 make sure that health care professionals follow your wishes and can decide how your wishes apply as your medical condition changes. Hospitals, doctors and other health care providers must follow your agent's decisions as if they were your own.
    • Who may act as an agent under a Power of Attorney?
      In general, an agent, or attorney in fact, may be anyone who is legally competent and over the age of majority.  Most individuals select a close family member such as a spouse, sibling, or adult child, but any person such as a friend or a professional with an outstanding reputation for honesty would be ideal.  You may appoint multiple agents to serve either simultaneously or separately.  Appointing more than one agent to serve simultaneously can be problematic because if any one of the agents is unavailable to sign, action may be delayed.  Confusion and disagreement between simultaneous agents can also lead to inaction.  Therefore, it is usually more prudent to appoint one individual as the primary agent and nominate additional individuals to serve as alternate agents if your first choice is unwilling or unable to serve.