Estate Planning Lawyers

At Schleifman Law, PLC, a trusted estate planning law firm in Arlington, Virginia, we understand that no two clients are the same. That is why we provide comprehensive estate planning services designed to meet your unique goals. Our experienced attorney listens closely to your concerns and guides you through the estate planning process to protect your assets, ensure your wishes are honored, and provide peace of mind to you and your family.

Visit our experienced estate planning lawyer in Arlington, VA, to discuss the management of your health and your assets during your lifetime through the use of trusts, prenuptial and postnuptial agreements, advance directives for health care and durable financial powers of attorney. Let us help you craft a plan for the disposition of your property upon your death in your last will and testament and revocable living trust.  We can also work with you to implement tax-saving strategies and provide direction for your family, friends, and charities through sophisticated gift planning and the creation of irrevocable trusts. Consult with us about the modification of any older Wills or Trusts to ensure that your estate plan fully and accurately sets out your intentions.

Regardless of whether you are single or married, and have substantial or minimal assets, you should have a written plan that addresses the disposition of your assets upon your death. 

Small Estate Plans May Only Necessitate:

• Will
• Durable Powers of Attorney – A power of attorney (POA) is a legal document that gives someone the ability to act in your place (the “agent” or “attorney-in-fact”). There are mainly two kinds of POAs:
  • Financial Power of Attorney: If you cannot manage your finances, this instrument allows the agent to handle them, including paying bills, managing investments, and making financial choices.
  • Medical POA: A medical power of attorney (also known as a healthcare proxy) appoints a representative to make healthcare decisions on your behalf if you cannot do so. It can also include choices in medical care, operations, and end-of-life care.
• Advanced Healthcare Directive – An Advanced Healthcare Directive is a legal writing that instructs physicians and other medical providers how you want to be treated if you cannot make decisions about emergency treatment.

Larger Estates

A larger spectrum of estate planning solutions is available for larger estates that include Wills, Powers of Attorney, Advance Directives and a variety of Trust instruments.  Unlike a Will, which must go through a probate process, a Trust may be used to administer assets outside of formal court proceedings. While provisions in your Will only go into effect upon your death, Trusts are used to manage property during your lifetime, address how your assets are to be used if you become incapacitated or disabled, and detail how your assets are to be disposed of when you are deceased.  Our DMV attorneys, including Fairfax County, Arlington County, Loudoun County, Alexandria and the City of Falls Church in Virginia, Montgomery County and Prince George’s County in Maryland and the District of Columbia attorneys can help you understand the advantages and disadvantages of different types of Trusts used in Estate Planning.

Generally, Trusts used in Estate Planning are either Revocable or Irrevocable Trusts.  Revocable Trusts (also known as Inter Vivos Grantor Trusts) are, as the name implies, fully revocable. You are free, during your lifetime (so long as you are not incapacitated), to revoke the Trust, amend, the Trust, and move assets in and out of the Trust. The trustee, in this case, can be you, giving you control over your assets until your death or incapacity. Irrevocable trusts are more rigid than revocable trusts. Generally speaking, once an Irrevocable trust has been created, it can only be altered or revoked with the beneficiaries’ approval. Irrevocable trusts have some clear benefits, like improved asset protection and potential tax advantages, but they must also be carefully considered.

Some Types of Irrevocable Trusts Used in Estate Planning Are:

• Irrevocable Trusts Life Insurance Trusts – These types of Trusts cannot be modified once in effect and are mostly used to minimize tax obligations
• Irrevocable life insurance trusts – A form of trust that can be used to minimize estate taxes on life insurance policies
• Special-needs Trusts – Preserves assets for those with special needs

Following Are Some Situations Where Selecting an Irrevocable Trust May Be Advantageous:

• Asset Protection: Because the assets are no longer regarded as yours after being put into the trust, irrevocable trusts offer a higher level of asset protection. This can protect them from debtors and court rulings.
• Tax Efficiency: Some irrevocable trust types, such as charitable remainder trusts (CRTs) and irrevocable life insurance trusts (ILITs), can provide considerable tax advantages, including lowering estate taxes and providing income for beneficiaries.
• Medicaid Planning: By withdrawing assets from your estate, irrevocable trusts can help you prepare for long-term care and Medicaid eligibility.
• Legacy Planning: Irrevocable trusts can be set up to achieve your philanthropic objectives if you wish to leave a lasting legacy or support a particular cause.

Deciding between a revocable and an irrevocable trust depends on your unique situation and objectives. Irrevocable trusts provide increased asset protection and potential tax benefits, but offer less flexibility, while revocable trusts give you power and flexibility during your lifetime. The sort of trust that best satisfies your estate planning goals can be determined by speaking with an estate planning lawyer at Schleifman Law. Call us today to schedule a consultation and let our experienced estate planning attorney in Arlington, VA help you navigate your estate planning options, and ensure your future is secure.

Estate Planning FAQs

What is estate planning, and why do I need it?

Estate planning involves preparing legal documents such as wills, trusts, and powers of attorney to manage and protect your assets during your lifetime and ensure their proper distribution after death. Without a plan, your estate may be subject to court intervention and unnecessary taxes or disputes.

When should I start an estate plan?

It’s never too early to begin estate planning. Adults of any age should have at least basic documents in place, such as a will, a durable power of attorney, and an advance medical directive. Starting early allows you to make thoughtful decisions and revise your plan over time as your circumstances change. Schleifman Law supports clients at every stage of life, from young professionals to retirees.

What documents should be included in a comprehensive estate plan?

A well-constructed estate plan generally includes a last will and testament, one or more trusts, a durable power of attorney for financial decisions, an advance medical directive or healthcare power of attorney, and appropriate HIPAA authorizations to allow access to medical information. At Schleifman Law, we personalize every estate plan to match your financial and personal needs.

How often should I update my estate plan?

You should review your estate plan every few years or whenever you experience a significant life change. These changes may include marriage, divorce, the birth of a child or grandchild, the death of a family member, a substantial change in your financial situation, or any shift in federal or state estate laws. Schleifman Law works with clients to ensure their plans remain current and reflect their evolving goals.

What happens if I die without a will in Virginia, Maryland, or D.C.?

If you die intestate (without a will), your assets will be distributed according to your state’s intestacy laws. This may not reflect your wishes and can cause unnecessary delays and family conflict. Schleifman Law ensures your estate plan is legally valid and tailored to your jurisdiction.

How can I protect my estate from taxes and creditors?

There are several estate planning strategies designed to minimize taxes and provide protection against creditors. These may include the use of irrevocable trusts, structured lifetime gifting, charitable donations, or specific business entities designed for asset preservation. Schleifman Law provides customized advice based on the size and structure of your estate to help you retain as much value as possible for your beneficiaries.

What is the difference between wills and trusts?

A will outlines how your assets should be distributed after your death and requires probate—a court-supervised process. In contrast, a trust becomes effective as soon as it is created and can manage assets during your lifetime and after death, often without going through probate. Trusts also offer greater flexibility and privacy. Many individuals use both a will and a trust to ensure comprehensive protection and control over their estate.

Why do I need an experienced estate planning attorney?

An estate plan must comply with state and federal laws to be effective. Mistakes or omissions can render documents invalid or cause unintended tax consequences. An experienced attorney ensures your estate plan reflects your wishes, minimizes legal risks, and considers the financial needs of your family or beneficiaries. With over 30 years of experience, our estate planning lawyer in Arlington, VA, provides the legal guidance and personalized attention necessary for a sound and enforceable plan.