Estate Planning Attorney
Wills, trusts and powers of attorney written for Virginia law and explained in plain English, so your family has clear instructions and people you trust in charge.
A plan for the next stage of your family
You may be expecting a child, helping a parent who needs more care, or bringing two families together in a second marriage. Or you may have a will in the desk drawer that you signed twenty years ago and that no longer fits anyone. Each of these is a good reason to plan.
You tell us who you want to protect and what you want for them. We turn that into documents written under Virginia law, explain each one in plain English, and check that your accounts and property match the plan, because a plan controls only the assets titled to match it.
What your estate plan includes
Every plan starts with your family and what you own. Most plans combine some of these:
Will or revocable trust: which is right for you?
Both a will and a trust say who receives your property. They differ in what your family has to do afterward.
A trust usually makes sense if you own real estate outside Virginia or want to keep your affairs private. It also helps families with young children, a blended family or someone who needs help managing money. Many families need only a will with carefully chosen beneficiaries. James recommends the simplest plan that does what you need, and explains why.
A will works through probate. Your executor qualifies at the circuit court and reports to the Commissioner of Accounts until the estate closes, and the will and inventory become public record.
A funded revocable trust skips that process for the assets in it. Your successor trustee settles the trust privately and reports to your beneficiaries instead of the court. A trust also helps if you become unable to manage your affairs, because banks will usually work with a successor trustee.
| Consideration | Will | Revocable trust |
|---|---|---|
| Probate needed at death | Yes, for probate assets | No, for assets in the trust |
| Public record | Will and inventory are public | Trust terms stay private |
| Court accountings | Filed with the Commissioner of Accounts | Reported to beneficiaries |
| If you become incapacitated | Relies on a power of attorney | Successor trustee steps in |
| Real estate in another state | A second probate there | No second probate if titled to the trust |
| Cost to set up | Lower | Higher, plus retitling assets |
How estate planning works at Gillis Law
01
Talk it through
In the first meeting, we go over your family, what you own, and how it is titled. Together, we make the key decisions: who serves as executor, trustee, and agent; who inherits; and when. You leave with a clear outline.
02
Review your drafts
Your documents arrive with the important provisions explained. We walk through them with you and make any changes before you sign.
03
Sign and finish
You sign in the office with two witnesses and a notary. Then you get a short checklist for retitling accounts and updating beneficiaries, and we record any deeds.
You can usually sign within a few weeks of the first meeting. Before you come in, fill out the personal data sheet on the Resources page. Bring any existing wills or trusts, recent statements, and your deeds.
Estate planning mistakes we help families avoid
Plans go wrong when they were never finished or never updated. These are the problems to watch for.
A trust that was never funded
If no assets were ever moved into the trust, everything goes through probate anyway.
Out-of-date beneficiaries
A retirement account or life insurance policy still names a former spouse, a parent who has died, or no one.
A joint account “for convenience”
An adult child added to a parent’s bank account can own the whole account at the parent’s death.
No power of attorney
Without one, a family can end up asking a court for a guardianship just to pay a parent’s bills.
Estate plans for every stage of life
Every family’s plan looks different. These are the situations James plans for most often.
Young families
Name the guardian who would raise your children. A trust can then manage their inheritance until they are ready, instead of handing it over at eighteen.
Blended families
Provide for your spouse for life while ensuring your children inherit in the end.
A loved one with special needs
A supplemental needs trust provides for them without risking SSI or Medicaid eligibility.
Business owners and real estate investors
Decide who will run the business or manage the rental property, as well as who will own it. One plan can cover property in several states.
Helping an aging parent
Updating a parent’s documents now can prevent a court proceeding later. The plan has to reflect your parent’s own wishes, so part of the conversation happens with your parent directly. That protects the plan if anyone questions it later.
Not sure where your family fits?
Most families fit more than one of these. James works it out with you at the first meeting.
Does Virginia have an estate tax?
No.
Virginia has no estate tax and no inheritance tax, and the federal estate tax applies only above $15 million per person in 2026. Owning real estate in Maryland or D.C. changes the picture, since both tax estates starting at about $5 million.
James is an exceptional attorney who listens and explains options in a clear and concise manner.
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Why families and their advisors choose Gillis Law
James A. Gillis has focused on wills, trusts and estates full time since 2009. He worked at two boutique firms devoted to wills, trusts and estates, then in the trusts and estates department of an Am Law 200 firm, where he made partner, before founding Gillis Law in 2022. He is admitted in Virginia and the District of Columbia and earned his J.D. cum laude from Drexel University. You work with James directly.
Before law school, James underwrote commercial real estate loans, so rental properties, LLCs, and property in several states are familiar territory. Many clients come to Gillis Law through their CPA or financial advisor. With your permission, those advisors stay in the loop so the account changes are done correctly.
Already have a plan?
Documents stay in effect until you change them, so an old plan can fall out of date without anyone noticing. Review yours after any of these:
- A marriage
- A divorce
- A birth
- A death in the family
- A move
- A change in tax law
Older documents can often be updated without starting over.
When the time comes, Gillis Law also helps the executors and trustees who carry out a plan. See estate and trust administration.
Clear fees, agreed up front
We explain the fee at your first meeting, so you know the cost before any work begins.
Serving Arlington and Northern Virginia
The office is at 3101 Wilson Boulevard, Suite 500, across from the Clarendon Metro station. We serve clients in Virginia and D.C., with a particular focus on Northern Virginia: Arlington, Alexandria, Fairfax and Loudoun. Meetings are in person or by video, Monday to Friday, 9 to 5.
Estate planning questions
Short answers to what people ask before the first meeting.
Have a question that is not here?
Does a will have to be notarized in Virginia?
No. Signing in front of two witnesses who also sign is enough. Adding a notarized self-proving affidavit still saves your family time, because the court can accept the will without the witnesses appearing.
We signed our wills in another state. Do we need new ones?
A will that was valid where you signed it is generally valid in Virginia. Out-of-state powers of attorney and health care documents are the bigger concern, because Virginia banks and hospitals may question them. A move is a good time for a review.
Our children are grown. Do we still need more than a will?
Usually. A will does nothing while you are alive. Without a power of attorney and an advance medical directive, your family may need a court order. Until then, they cannot pay your bills or talk to your doctors.
Can my CPA or financial advisor be involved?
Yes. With your permission, your advisor sees the drafts and helps complete the account changes.
Talk with an estate planning attorney
Whether you are starting fresh or updating an old plan, your first meeting is a conversation about your family. You do not need to have any decisions made before you come in.
Sources for the legal points
Code of Virginia §§ 64.2-403 and 64.2-452 (execution and self-proved wills), 64.2-412 (divorce), 64.2-1300 (inventory), Title 64.2 Chapter 13 (accounts), Title 64.2 Chapter 6 Article 2 (transfer on death deeds), Title 64.2 Chapter 16 (Uniform Power of Attorney Act), 54.1-2983 (advance directives); IRS, 2026 basic exclusion amount ($15,000,000); Maryland Comptroller, estate tax exemption ($5,000,000).