A properly drafted will clarifies how assets should be distributed, names an administrator or executor, and designates guardians for minor children. That clarity reduces the risk of contested estates, helps preserve family relationships, and ensures business continuity when an owner dies. A will also complements other planning documents to manage taxes and creditor claims.
Using trusts and clear testamentary language lets you control when and how beneficiaries receive assets, including staggered distributions, age-based releases, and conditions that protect inheritances from creditors or mismanagement, thereby preserving long-term family wealth and ensuring your intentions are carried out.
Clients rely on Hatcher Legal for practical estate solutions that integrate business planning and family objectives. We provide clear drafting, thorough document review, and probate support when needed, focusing on sustainable plans that reflect each client’s personal and financial priorities.
We recommend reviewing your will and related planning documents every few years or after significant life events. Updates ensure beneficiary designations, guardianship choices, and business succession provisions reflect current wishes and any changes in property, family structure, or applicable law.
A will is a written document that sets forth your wishes for distributing property after death and can appoint an executor and guardians for minor children. It becomes effective only upon death and provides clear instructions that guide the estate administration process. Having a will prevents default state rules from controlling distribution, reduces family uncertainty, and allows you to name individuals to manage and settle your affairs. It is a foundational element of an estate plan and should align with beneficiary designations and other documents.
Choose someone trustworthy, organized, and able to handle administrative responsibilities because an executor manages financial, legal, and tax matters during probate. Consider naming alternates in case your first choice is unable or unwilling to serve. Discuss the role with the person you plan to appoint so they understand the duties and can plan accordingly. Professional fiduciaries or attorneys may be appropriate where estate administration is complex or where family relationships could make administration difficult.
Yes, you may update, amend, or revoke a will at any time while you have the legal capacity to do so. Updates are commonly made after marriage, divorce, births, deaths, or significant changes in assets or business ownership. To avoid confusion, revoke or replace prior wills with a clearly executed new document or use a formal codicil. Proper execution and safekeeping of the newest document ensure your current wishes will be followed when needed.
A trust handles assets placed into it and can avoid probate for those assets, while a will governs distribution of assets remaining in your estate and names guardians for minors. Trusts and wills often work together as part of a comprehensive plan to achieve privacy and efficient transfers. Even with a trust, a pour-over will can ensure assets not transferred into the trust during life are directed there at death, providing a safety net and simplifying administration for remaining estate items.
A will lets you name a guardian to care for minor children and specify who should manage any assets left for their benefit. You can direct funds to be held in trust until children reach ages you specify, ensuring financial support is managed responsibly. Clear instructions reduce the likelihood of disputes about custody or financial management. Combining a will with trust provisions and designated custodians provides practical protection and continuity for children’s care and support.
If you die without a will, state intestacy laws determine how your assets are distributed and who will administer your estate. This can result in distributions that do not reflect your personal wishes and may create unintended outcomes for blended families or nontraditional relationships. Additionally, the court will appoint an administrator and oversee estate settlement, which can increase time and expense. Creating a will ensures you retain control over distribution and appointments rather than relying on default rules.
Costs vary depending on complexity, jurisdiction, and whether related documents like trusts or business succession agreements are needed. Some providers use flat fees for straightforward wills, while more complex planning may be billed hourly or as a package that includes multiple documents. During an initial consultation we can outline expected fees and provide a written estimate. Investing in proper drafting can reduce future costs by minimizing the risk of disputes and probate complications.
Yes. A will can direct how business interests are transferred but should be coordinated with buy-sell agreements, shareholder arrangements, and operating documents to ensure a smooth transition. Clear coordination prevents conflicts between estate instructions and corporate governance rules. Business succession planning also addresses valuation, management continuity, and tax considerations. Integrating business planning with your will and trusts protects both the enterprise and your family’s financial interests.
Witnesses and proper execution formalities help establish the validity of a will in court. Many jurisdictions require witness signatures at the time of signing, and a notary may be used to create a self-proving affidavit that streamlines probate by reducing the need for witness testimony after death. Following statutory execution requirements when signing a will reduces the risk of challenges and helps ensure the document will be accepted by the probate court when it is needed.
Store the original will in a secure location such as with your attorney, a safe deposit box, or another trusted secure facility, and make sure the executor knows its location. Provide copies to trusted individuals as appropriate and keep a record of any revisions. Avoid hiding the document without telling the executor because locating the original quickly helps initiate probate and administration. Consider a digital record and instructions for access to facilitate timely discovery by authorized parties.
