Practice Areas
Trust Attorneys
Overview
A will tells a probate court what to do and is a public record. A properly funded trust keeps the court out of it. A trust also controls who the beneficiaries are, when and how they inherit, and it keeps the terms out of the public record.
Eris Law Group prepares trusts for individuals and families in Virginia and Washington, D.C. Our estate planning rates are published on the site. The goal is a trust that fits the family’s circumstances and wishes and makes things as easy as possible for them and their loved ones.
Types of Trusts We Prepare
Each type of trust solves a different problem, so the useful question is usually which one fits rather than whether to have one. Most plans rely on a single revocable trust and add others only when a specific situation calls for it.
Revocable Living Trusts
A revocable living trust holds assets during the grantor’s lifetime under instructions the grantor writes and can be amended or revoked at any time by the grantor. It can be, and often is, the beneficiary of assets upon the grantor’s death. The trust is structured to name someone to manage it if the grantor is incapacitated, avoid or minimize the probate process after death, and keep the plan private. It also allows the grantor to name beneficiaries and direct how assets will be distributed after death.
Irrevocable Trusts, Including Irrevocable Life Insurance Trusts
An irrevocable trust trades control for protection. Once assets go in, the grantor generally cannot take them back or rewrite the terms, and giving up that control is what can lock in certain terms for beneficiaries and remove the assets from a taxable estate. D.C. residents face the question sooner than most, since D.C. taxes estates above $4,988,400 in 2026, while the federal exemption is around $15 million ($30 million for married couples using portability). Virginia has no estate tax. It is important to note that D.C. does not allow portability between spouses, so spouses cannot automatically combine their exemptions to double the single rate. A similar result can be accomplished with a revocable trust structure. Irrevocable trusts can also be used to lock in certain terms for beneficiaries and a variety of other reasons, such as shifting ownership or control of certain assets and advanced gifting techniques.
An irrevocable life insurance trust (ILIT) is one of the more common irrevocable trusts we prepare. Life insurance proceeds are countable for estate tax purposes. An ILIT owns a life insurance policy so the death benefit stays out of the insured’s taxable estate. The family still receives cash quickly, which matters most when an estate is tied up in a business or real estate that cannot be sold on short notice. Timing is the catch with an existing policy, because a policy moved into an ILIT still counts in the estate if the insured dies within three years of the transfer.
Special Needs Trusts
A special needs trust is most often used to hold money for a beneficiary without costing that person eligibility for means-tested programs such as SSI and Medicaid. A direct inheritance can end that eligibility, and the trust supplements benefits rather than replacing them. A first-party trust holds the beneficiary’s own money, such as settlement proceeds, and must repay Medicaid from what remains at the beneficiary’s death. A third-party trust holds money from parents, grandparents, or others and carries no payback requirement. Eris Law Group prepares third-party special needs trusts.
Testamentary Trusts
A testamentary trust is written into a will and does not exist until death, so it passes through probate along with the will. Often, and especially in Virginia, this type of trust will be managed or overseen by the court for its duration. This type of trust is usually best as a backup and not as part of the primary estate plan.
Our Process:
How We Work Together
Estate planning at Eris Law Group follows a streamlined, modern process. Communication happens through efficient electronic systems and direct conversations with the attorney; clients receive clear guidance at each stage of drafting and implementation.
- Step 1: The Strategy Session
The strategy session is an initial consultation with a prospective client (or clients if spouses or partners are doing joint planning) to go over the prospective client’s situation, what type of estate planning documents may work best for their family based on beneficiaries, assets, decision makers and other details, go over the estate planning process, and answer questions. The attorney recommends a plan and quotes the fee before the meeting ends. - Step 2: Custom Drafting & Review
After engagement, the client will be sent an intake form to gather specific information (such as names, addresses, medical decisions, etc). After the client submits the intake, the attorney will review and follow up with the client as needed. Once the attorney has the information needed, the documents are drafted and sent to the client for review. Our firm always prepares a summary of the documents to guide the client in their review. The client can then ask questions, request changes, and schedule a draft review to go over the documents with the attorney. After the draft review, the documents will be finalized and the client can schedule a signing. Signing requires witnesses and a notary in person, and an appointment can be scheduled in our office. - Step 3: Funding and Implementation
A trust controls only what is titled in its name. An unfunded trust sends the house and the brokerage account through probate anyway, which is the outcome the trust was supposed to prevent. After signing, we handle recording any deeds that we drafted and provide the client with information and guides on how other assets can be incorporated into the trust. As this process cannot be done until the trust is signed, we follow up with clients after their signing to go over any specific funding questions (we are also happy to speak with a client’s financial advisor or other professional who is assisting with funding and retitling).
Meet Our Attorneys
Why Choose Eris Law Group for Trust Planning?
Our estate planning rates are published, so the cost of a trust is available before anyone calls. Clients work directly with the attorney drafting their documents. Amanda Plant leads the firm’s estate planning practice and works exclusively in estate matters.
We regularly plan for LGBTQIA+ couples, blended families, federal employees, and military families, whose titling, beneficiary designations, and family structures rarely fit a standard form. Consultations can be virtual, and the drafting process runs electronically from first draft to final review.
Trusted. Recognized. Respected.
Frequently Asked Questions About Trusts
It depends on your situation. A will may be enough to accomplish your goals. A trust becomes worth considering when you have minor children or minor beneficiaries, you want control over how assets are being distributed to your beneficiaries (for example, over a five-year period or allowing for a certain individual to live in a house before it is later sold), own real estate in more than one state, have a beneficiary with special needs, or want your plan kept private.
Our estate planning rates are published. The price depends on the documents prepared along with the trust, including deeds.
No. Virginia and D.C. law both treat revocable trust assets as yours during your lifetime, because you can take them back at any time, so your creditors can reach them. Certain irrevocable trusts can offer protection, but only because you give up control.
A validly created trust generally stays valid after a move. Your new state’s law may still change how your will, powers of attorney, spousal inheritance rights, and real estate transfers work, so schedule a review after you relocate.
You can amend, restate, or revoke a revocable trust at any time while you have capacity. An irrevocable trust usually changes only through a power written into the trust itself, the consent of the beneficiaries, or a court order.
Insights & Resources
Put a Clear Plan in Place With Trust Guidance From Eris Law Group
A good trust leaves a family with instructions it can follow, on terms the client chose, instead of questions to sort out in probate. Contact Eris Law Group to talk through what a client owns, what a trust would change, and whether one belongs in the plan at all.