Estate Planning Attorney in DC
As a trusted estate planning attorney in DC, I help individuals and families create trust-based plans that protect their assets, honor their wishes, and bring peace of mind. Whether you’re preparing a revocable living trust, coordinating a pour-over will, or naming agents for medical or financial decisions, my goal is to provide personalized guidance that fits your life situation.
Many people are familiar with a will—a legal document that takes effect after death and directs where your assets go. But a will alone often leads to probate, a public and time-consuming court process. A trust-based estate plan by an estate planning attorney in DC offers greater flexibility and control during your lifetime and at death. It allows someone you choose to manage your assets if you become incapacitated, and it ensures a smoother transfer of assets after you pass away.
Why a Revocable Living Trust in DC Is the Heart of Your Estate Plan
A revocable living trust in DC allows you to:
- Avoid probate and keep your affairs private
- Plan for incapacity, giving a successor trustee the authority to manage your assets without court intervention
- Coordinate your estate and disability planning in one document
- Provide clear rules for distributing your assets
Although your trust will govern the vast majority of your estate, we still prepare a pour-over will as part of every estate plan. This serves as a safety net—it directs any assets not titled in your trust at the time of your death to “pour over” into the trust so they can be distributed according to your wishes.
Two Models of Estate Planning: The Real Choice
There are two models of estate planning. The first is the traditional will-based plan that some attorneys offer at a lower upfront cost. On the surface, this may seem like a deal—but in reality, it’s often a setup for more expensive and difficult outcomes down the road. These plans typically guarantee the attorney future income through probate, leaving your loved ones stuck in court and facing delays, expenses, and unnecessary stress. This is why working with an experienced estate planning attorney in DC makes a meaningful difference.
The second model is good estate planning: a trust-based approach that may cost more upfront, but is an investment in doing it right. This model keeps you out of court if you become incapacitated and keeps your loved ones out of court after your death. It eliminates the need for guardianship proceedings, provides continuity of care and control, and avoids the painful, public process of probate.
Trust-based estate planning is about taking care of your future self and your loved ones. It’s about choosing a plan that works when you need it most.
Supporting Documents Every DC Estate Plan Needs
While your trust handles most of your assets, several other legal documents play a critical role in a complete estate plan that a good estate planning attorney in DC will provide:
- Pour-Over Will: This will works hand-in-hand with your trust. It acts as a safety net to “catch” any assets that weren’t titled in your trust during your lifetime. At your death, it directs those assets to “pour over” into your trust so they can be distributed according to its terms. Even in a trust-based plan, a pour-over will is essential.
- Durable Power of Attorney: Allows a trusted agent to manage non-trust assets or make financial decisions if you become incapacitated. This is especially important for bank accounts, tax matters, or real estate that hasn’t been moved to your trust.
- Medicaid Planning Powers: In some cases, we include specific language in your Power of Attorney to allow future long-term care planning and Medicaid eligibility strategies.
- Healthcare Power of Attorney (Advance Directive): Appoints someone to make healthcare decisions on your behalf if you cannot communicate your wishes.
- Living Will: Provides guidance on end-of-life treatment, such as whether you wish to receive life-sustaining interventions if you are terminally ill or permanently unconscious.
- HIPAA Authorization: Allows your medical providers to share information with the people you trust, ensuring that your health agents and family are informed when making care decisions.
Trust Funding with a DC Estate Planning Lawyer
Creating a trust with the help of an estate planning attorney in DC is only part of the equation. Funding your trust—transferring ownership of assets into it—is what gives it life. We can work closely with you to:
- Retitle real estate into the name of the trust
- Coordinate with financial institutions to move bank and investment accounts
- Update beneficiary designations for retirement accounts and life insurance
- Ensure business interests are correctly assigned
An unfunded trust offers no protection. A good estate planning attorney will ensure you get it done. That’s why our estate planning process includes a detailed funding checklist and ongoing guidance to help you organize your financial life around your plan.
Medicaid Planning in Washington DC
For many clients, the risk of needing long-term care is a serious concern. We help you plan in advance or respond to an urgent care situation by using strategies such as:
- Spousal protection through asset transfers and annuities
- Creating irrevocable trusts to preserve assets for heirs
- Gifting strategies within Medicaid’s lookback limits
- Coordinating with care managers or elder care professionals
We integrate Medicaid planning into your estate plan to ensure your wealth is protected and your care needs are met without burdening loved ones.
Why Work with a Local Estate Planning Lawyer in DC?
Laws vary by jurisdiction, and DC has unique estate and probate rules. Working with a local estate planning lawyer by a skilled DC estate planning attorney ensures your documents are valid and optimized under current law. I help clients:
- Avoid probate in DC courts
- Plan for incapacity with a successor trustee and agent appointments
- Reduce or eliminate estate taxes
- Coordinate trusts, wills, and beneficiary designations
- Plan for long-term care and Medicaid eligibility
Estate Planning for Diverse Families and Individuals in DC
Estate planning isn’t one-size-fits-all. I work with a diverse range of clients, each with their own priorities and family structures. Learn more about the specific planning considerations for:
- People with Children: From naming guardians to managing inheritances through trusts, planning ahead is key.
- Childless People: Direct your assets to friends, charities, or distant relatives without interference.
- LGBT People: Ensure your wishes are recognized with carefully drafted documents.
- Special Needs Individuals: Protect benefit eligibility with special needs trusts.
- Remarried Couples: Balance priorities between current spouses and children from previous relationships.
- Young Families: Start strong with guardianship designations, life insurance planning, and basic trusts.
- Animal Lovers: Include pet trusts or instructions to ensure lifelong care for your companion animals.
Advanced Estate Planning in DC for High-Value Estates
Some clients benefit from advanced estate planning strategies. These are especially helpful for clients with significant assets, business interests, or philanthropic goals. Options include:
- Irrevocable Trusts for asset protection and Medicaid planning
- Charitable Trusts to support causes you care about
- Life Insurance Trusts (ILITs) to provide for heirs while keeping proceeds out of your estate
- Family Limited Partnerships (FLPs) to manage and protect family wealth
As an asset protection attorney in DC, I help design plans that go beyond basic wills and trusts.
What Happens Without a Will or Trust
Without an estate plan – your estate will be governed by DC intestacy law:
- The court decides who gets your assets
- A judge may appoint someone you don’t know to manage your affairs
- Taxes and probate fees may eat into your estate
- Disputes among loved ones are more likely
Taking control now avoids confusion and conflict later.
A DC Estate Planning Case Study
One couple looking for an estate planning attorney in DC came to us unsure whether they needed a trust. They were in their early 60s, owned a home in DC, and had retirement savings, a second property in Maryland, and a beloved cat. After a thorough conversation, we recommended a revocable living trust with a pour-over will, pet trust provisions, and clear powers of attorney. Just two years later, one spouse experienced a sudden health event. Their plan allowed the other spouse to act immediately without going to court—and the trust made it seamless to manage and eventually transfer the second home to their children. We want this
Frequently Asked Questions (FAQs)
What is the difference between a will and a trust?
A will goes through probate and only takes effect after death. A trust is effective during life and can help avoid probate, plan for incapacity, and keep your affairs private.
Do I still need a will if I have a trust?
Yes. A pour-over will ensures any assets not placed in your trust are transferred to it at death.
How often should I update my estate plan?
We recommend reviewing your estate plan every 3–5 years or after major life events like marriage, divorce, births, deaths, or moving to a new state.
Can I name someone to make decisions for me if I’m incapacitated?
Yes. That’s what your power of attorney and healthcare directive are for. You should name trusted individuals who can act on your behalf.
How does estate planning help avoid probate?
By titling assets in the name of your trust and using beneficiary designations appropriately, you can keep most of your estate out of court.
Why Clients Choose Our DC Estate Planning Law Firm
At Right Size Law, we are led by David Jonathan Taylor, a trusted estate planning attorney in DC, with experience in Maryland and Virginia as well. Right Size Law offers:
- Flat fees with no surprise costs
- Experience with probate and estate planning in DC, Maryland, and Virginia
- Warm, judgment-free guidance through tough decisions
- A focus on organizing wealth, not just transferring it
- Support in trust funding and ongoing administration
We help you create a plan that fits your life and evolves with it. Your peace of mind matters. With the right guidance, estate planning can be empowering rather than overwhelming.