A will provides clear instructions for asset distribution, reduces family conflict, and designates who will manage your estate. For parents, it is the primary document for naming guardians. For business owners and property holders, a will can coordinate with other planning tools to support continuity and minimize administrative burdens after death.
By coordinating beneficiary designations, joint ownership, and trust arrangements with a will, many assets can avoid probate or be administered more efficiently. This clarity reduces delays, legal costs, and potential disputes among heirs, making settlement faster and less stressful for families.
Hatcher Legal brings focused experience in business and estate matters, assisting clients with wills that coordinate with trusts, business agreements, and elder law concerns. Our approach emphasizes clear drafting, thoughtful client interviews, and documents tailored to each family’s needs and priorities.
Life changes and legal developments can affect your will. We recommend periodic reviews to align beneficiary designations, trusts, and powers of attorney with current goals so the estate plan functions cohesively and accurately represents your intentions for both family and business matters.
Dying without a will means state intestacy rules determine how your assets are distributed and who will manage your estate. Intestacy laws prioritize relatives such as spouses, children, and extended family, which may not reflect your personal wishes and can lead to unintended outcomes. Without a will, there is no express appointment of a personal representative or guardian for minors. This can result in court involvement to appoint a fiduciary and can increase the potential for family disputes and delays in distributing assets to heirs.
A will should be reviewed after significant life events such as marriage, divorce, birth or adoption of a child, substantial changes in assets, or business transitions. These milestones can change your intended beneficiaries and the suitability of previously named fiduciaries. Additionally, periodic reviews every few years help ensure documents remain up to date with changes in the law, account ownership, and your personal goals. Regular maintenance reduces the risk of conflicts and keeps your plan aligned with current circumstances.
Yes. A will is the principal way to name a guardian for minor children and outline how their care and property should be managed. Naming a guardian provides the court with your preference, which the judge will consider when making a guardianship appointment. It is wise to name alternate guardians and to coordinate any appointed guardian with provisions for financial oversight or trusts for the children’s inheritance. Clear instructions can simplify future decisions and safeguard children’s needs.
Not all assets pass through probate; accounts with beneficiary designations, jointly owned property, and certain trust assets often transfer outside probate. A will governs only assets that are part of your probate estate and do not have designated beneficiaries or joint ownership arrangements. To minimize probate exposure, coordinate beneficiary designations, consider trust arrangements, and review ownership forms. We help assess which assets are likely to be probate assets and recommend strategies to achieve your goals efficiently.
Select someone with integrity, organizational skills, and the ability to communicate effectively with family and institutions. The personal representative will manage administrative tasks, address creditor claims, and distribute property, so reliability and willingness to serve matter more than proximity or title. Consider naming alternates in case your first choice is unable or unwilling to serve. For complex estates, professional fiduciaries or co-representatives can provide additional administrative support while working with your appointed individual.
A will can be changed by creating a new will that revokes the prior one or by executing a codicil, which amends specific provisions of an existing will. Changes must meet the same formal requirements as the original to be valid, including the necessary signatures and witnesses. Because informal changes can create confusion, formal execution of a revised document is recommended. Properly documenting revisions ensures clarity and reduces the risk of disputes or claims challenging the will’s validity.
Bring a list of assets and liabilities, account numbers, deeds or titles, insurance policies, business documents, and current beneficiary designations. Also provide names and contact information for proposed beneficiaries and the person you wish to name as personal representative or guardian. If you have prior estate documents, marriage or divorce records, prior wills, and any trust agreements, bring those as well. Having thorough information allows for accurate drafting and helps identify coordination needs among estate planning documents.
Probate timelines vary by case complexity, creditor claims, and court scheduling. Simple estates with clear documentation and limited creditor issues may be administered in a matter of months, while contested or complex estates involving business interests or unresolved claims can extend over a year or longer. Local procedures and filing requirements affect timing, so early preparation, accurate documentation, and clear beneficiary designations help shorten administration. We provide guidance on likely timelines based on county practice and estate specifics.
A will can be a component of business succession planning by directing the transfer of ownership interests, appointing a personal representative to manage sale or transition, and coordinating with buy-sell agreements or operating documents. However, wills alone may not address operational continuity or tax implications. For effective succession, integrate the will with partnership agreements, shareholder arrangements, and trust instruments to provide liquidity, clarify management responsibilities, and reduce disputes. Coordinated planning helps protect business value and supports orderly transitions.
Recognition of electronic wills varies by state. Some jurisdictions have adopted rules permitting electronic wills under defined conditions, while others require traditional handwritten or signed and witnessed documents. It is important to follow the governing law where the will is executed and where property is located. Because laws differ and continue to evolve, relying solely on electronic execution can create uncertainty. We advise on acceptable execution methods under applicable state law and recommend approaches that minimize the risk of later challenges.
