A valid will allows you to control property distribution, name an executor, and designate guardians for minor children, avoiding intestacy rules. For Tangier families, wills can address unique local property matters, clarify access to coastal assets, and streamline estate administration to minimize delays and emotional strain for loved ones.
Using trusts and coordinated beneficiary designations can move assets outside probate, speeding distributions and lowering administrative costs. For Tangier families, reducing probate on island properties and local assets can make transfers smoother and lessen time spent resolving estate matters.
Hatcher Legal emphasizes careful document drafting, personalized attention, and clear communication with clients in Tangier and Accomack County. Our approach focuses on outlining options, explaining potential outcomes, and preparing documents designed to be effective under Virginia law.
We advise clients on secure storage options and who should know the document’s location. Regular reviews after events like marriage, divorce, birth, or major asset changes keep the will aligned with current intentions and reduce future administrative uncertainty.
A will specifies how assets are distributed at death, names an executor, and can appoint guardians for minor children. It generally requires probate for court validation and distribution, and it does not manage assets during your lifetime or incapacity. A trust can hold and manage assets during your life and after death, potentially avoiding probate for assets titled to the trust. Trusts can provide ongoing asset management and specific distribution timing, which may be useful for beneficiaries who need structured support.
Joint tenancy property typically passes to the surviving joint tenant by right of survivorship and may not be controlled by a will. Ownership form determines how the asset transfers, so it is important to review property deeds and account title designations. Even if some property passes by joint ownership, a will remains valuable for distributing individually held assets, naming guardians, and appointing an executor. Coordination of titles and beneficiary forms ensures your overall plan reflects your intentions.
You should review your will after major life events such as marriage, divorce, births, deaths in the family, or significant changes in assets. Regular reviews every few years are a good practice to confirm that beneficiary designations and fiduciary appointments remain appropriate. Updating documents promptly avoids unintended results from changing circumstances. If state laws change or if you move to a different state, reviewing your will can catch technical issues that might affect how your wishes are carried out.
Yes, you can nominate a non-family member as a guardian for minor children if that person is willing to serve and able to care for the children. It is important to discuss your choice with the potential guardian to ensure they accept the responsibility. Naming alternates and providing clear instructions about care, education, and values helps courts honor your preferences. Including provisions for financial management and a guardian for the estate ensures children’s needs are met if the guardian lacks experience managing assets.
If you die without a will in Virginia, the state’s intestacy laws determine how your assets are distributed among relatives. The resulting distribution may differ from your personal wishes and could exclude chosen friends or charities unless other beneficiary designations exist. Intestacy can also leave questions about guardianship for minor children and often requires longer court involvement. Preparing a will allows you to control distribution, appoint fiduciaries, and reduce conflict and delay among surviving family members.
To increase the chance that funeral wishes are followed, state your preferences in a will and communicate them in writing to family members and the person you designate to handle final arrangements. Consider a separate document or letter with specific instructions and contact information for funeral providers. Practical steps include pre-arranging services, funding a funeral trust or payable-on-death account, and ensuring fiduciaries are aware of your wishes. Clear documentation and communication help reduce disagreements and ensure your desires are honored.
Yes, you can change your will by executing a new will that revokes prior wills or by adding a codicil that modifies specific provisions. A new will should be signed and witnessed with the same formalities required for the original to ensure it is effective. It is important to destroy earlier versions or clearly indicate revocation to avoid confusion. After major life events, revisiting your will to confirm current intentions helps prevent unintended outcomes and challenges during probate.
A simple will does not usually avoid probate; it directs how assets are handled through the probate process. Probate may still be necessary to validate the will and transfer titled assets under court supervision unless assets are titled to a trust or have beneficiary designations that pass outside probate. To minimize probate, consider trusts, beneficiary designations, and joint ownership where appropriate. Each tool has trade-offs, so coordinating methods with a clear estate plan helps balance convenience, cost, and control.
After someone dies, outstanding debts are typically paid from the estate before distributions to beneficiaries. The executor identifies creditors, notifies them as required, and uses estate assets to satisfy valid claims, subject to priority rules and state law timelines. Estate tax considerations depend on estate size and applicable tax rules. Consulting early in the administration process ensures debts and tax filings are handled correctly and that distributions proceed only after liabilities are addressed.
Business owners should address ownership succession, transfer mechanisms for ownership interests, and instructions for operation or sale in their wills and related corporate documents. Wills can direct transfer of personal ownership shares, while buy-sell agreements and corporate bylaws handle operational continuity. Coordinating personal estate planning with business agreements reduces the risk of disruption, clarifies valuation and transfer processes, and helps ensure that both family and business interests are managed according to the owner’s overall intentions.
