A properly drafted will clarifies who receives your assets, names guardians for minor children, and appoints an executor to administer your estate. This reduces family conflict during an already difficult time and can streamline the probate process. Crafting a will that accounts for life changes helps protect beneficiaries and maintain business continuity for owner-operators.
Clear, documented instructions reduce ambiguity about your intentions and help mitigate conflict among heirs. When family members understand roles, timelines, and asset distribution, administrations proceed more smoothly and relationships are less likely to suffer during settlement.
Our firm offers practical, client-focused planning that accounts for business interests, family dynamics, and legal requirements. We prioritize plain-language explanations so you understand the implications of each choice and can make confident decisions about beneficiaries, guardianship, and fiduciary appointments.
Life events and changing laws make periodic reviews important. We recommend checking your will and associated documents following major family, financial, or legal changes to keep your plan current and effective.
Dying without a will, known as intestacy, means Virginia law determines who inherits your property based on a statutory order of relatives. This can result in distributions that differ from your personal wishes and may leave minor children without a court-designated guardian. Intestacy can complicate estate administration and increase costs and delays. Creating a will allows you to name beneficiaries, appoint an executor, and designate guardians, providing clearer direction and reducing uncertainty for family members during probate.
Yes, you can name a guardian for minor children in your will to ensure a trusted person cares for them if both parents are unable to do so. The court typically gives significant weight to the appointment in the will but will consider the child’s best interests. It is wise to name both a primary and alternate guardian and to discuss your choice with them in advance. Supplementary provisions can set aside funds or create a trust to manage assets intended for the children’s care and education.
Review your will after major life events such as marriage, divorce, birth of children, significant changes in assets, or moves across state lines. Changing laws and personal circumstances can render older documents inconsistent with your current intentions. A periodic review every few years is recommended to confirm beneficiaries remain correct, fiduciaries are willing to serve, and related documents like powers of attorney and healthcare directives remain aligned with your plan.
A will can be contested during probate on grounds such as lack of capacity, undue influence, or improper execution. Successful contests are relatively rare but can arise in contentious family situations or where the decedent’s mental state was in question. Careful drafting, clear records of capacity and intent, and adherence to statutory execution formalities reduce the likelihood of a successful challenge. Discussing your decisions and documenting reasons can further limit contest risk.
Joint ownership often causes property to pass directly to the surviving owner outside of probate, which may bypass provisions in your will. Understanding how accounts and property are titled is essential to align probate planning with your intentions. When planning your will, review jointly titled assets and beneficiary designations to ensure they reflect your desired outcome. In some cases, retitling or coordinating beneficiary designations helps integrate these assets into your overall estate plan.
An executor administers your estate by filing the will with probate court, inventorying assets, paying debts and taxes, and distributing property to beneficiaries. Choose someone reliable, organized, and willing to handle administrative and record-keeping responsibilities. Consider naming alternates and discussing expectations beforehand. For estates with business interests or complex assets, selecting a fiduciary comfortable working with professionals and courts helps ensure efficient administration.
Even if you have a trust, a will remains important as a backup to handle assets not placed in the trust and to appoint guardians for minor children. A pour-over will can direct assets into an existing trust upon death, helping consolidate distributions. Trusts and wills work together to achieve comprehensive planning goals. Reviewing both documents ensures consistency and that all assets are titled or designated to match your intended plan.
Digital assets include online accounts, social media, and digital financial accounts. Your will can address access and disposition, but separate instructions or a digital asset memorandum may be necessary to provide login information and manage accounts securely. Careful handling is required to comply with platform terms and privacy laws. Listing digital assets, naming a person to handle them, and providing secure access instructions helps avoid loss of value and preserves important information.
A will covers assets owned solely in your name and subject to probate, but some assets transfer outside probate through beneficiary designations, joint tenancy, or trust ownership. Consequently, a will alone will not avoid probate for all property. A comprehensive plan coordinates titling, beneficiary designations, and trusts to minimize probate exposure and ensure assets are distributed according to your wishes with fewer administrative delays and costs.
Store your original will in a safe, accessible location such as a secure home safe, a bank safe deposit box, or with your attorney. Make sure the executor knows where the original document is kept and how to obtain it when needed. Avoid placing the only copy in obscure or inaccessible locations. Consider providing trusted family members or fiduciaries with information about storage and keep a record of any updates to ensure the most current will is available at the time of administration.
