A properly drafted will gives you control over who inherits your property, who manages your estate, and who cares for minor children. It can reduce family disputes, speed probate administration, and make intentions clear to courts and heirs. For many families, a will offers peace of mind and an orderly transition after death.
Comprehensive planning provides greater control over timing and conditions of distributions, allowing for staged inheritances, protections for minor beneficiaries, and safeguards for vulnerable heirs. This structure helps align transfers with individual needs and prevents immediate lump-sum distributions that might not reflect long-term intentions.
Hatcher Legal focuses on clear communication, careful document drafting, and coordination of estate and business planning needs. Our approach emphasizes practical solutions tailored to client goals and family circumstances, ensuring documents are understandable and effective for both immediate directives and long-term planning objectives.
Life changes may require updates; we provide assistance to amend or replace wills and to coordinate documents as circumstances evolve. When an estate enters probate, we support executors with procedural guidance, filings, and distribution to streamline administration and reduce delays.
Yes. Even young and single individuals benefit from having a will to specify who receives personal property, who will manage affairs, and any final directions. Without a will, state intestacy laws will determine distribution and could appoint administrators without your input. A will also allows you to name someone to handle affairs and to provide for pets or charitable gifts. Creating a will now is an inexpensive way to ensure your wishes are documented and easier for loved ones to follow later.
Review your will after major life events such as marriage, divorce, the birth of children, changes in relationships, or significant asset changes. Regular reviews every three to five years help ensure documents reflect current circumstances and state law. Updates are also important when you change residence across states, acquire business interests, or alter beneficiary designations. Periodic reviews prevent conflicts between a will and other transfer methods like retirement account beneficiaries.
You can create a will without a lawyer, but DIY documents may not address state formalities, complex family situations, or interactions with beneficiary designations and trusts. Informal wills risk being contested or declared invalid in probate. For straightforward estates, a carefully prepared template can work, but consulting a firm helps ensure clarity, coordination with other documents, and compliance with Virginia rules to reduce the likelihood of litigation or delays.
An executor is responsible for administering the estate: filing the will with probate court, inventorying assets, paying debts and taxes, and distributing property to beneficiaries according to the will. The executor acts under court supervision where required and must follow legal duties to the estate and heirs. Selecting an executor involves considering availability, organizational ability, and willingness to serve. Alternate executors provide backup if the primary appointee is unable or unwilling to act.
Probate is the legal process for validating a will and overseeing asset distribution under court rules. Assets held solely in the decedent’s name typically pass through probate, while jointly owned property, accounts with designated beneficiaries, and trust assets often transfer outside probate. Probate timelines and procedures vary by jurisdiction and can involve court filings, creditor notices, and accounting. A well-coordinated estate plan can reduce assets subject to probate and simplify administration for heirs.
Yes. Parents can name guardians for minor children within a will, providing the court with clear parental preferences for care and decision-making if both parents are deceased or incapacitated. Naming guardians reduces uncertainty and supports a smoother transition for children. It is important to discuss the responsibility with the proposed guardian and consider alternate choices. Combining guardian appointments with trust provisions for managing children’s inheritances can further protect their long-term needs.
Digital assets such as online accounts, social media profiles, and digital photographs require planning to ensure access and appropriate handling. A will can address certain directions, but practical transfer often depends on service provider policies and separate instructions for passwords and account access. Including a secure, regularly updated inventory of digital accounts and clear authorization for a trusted person to manage them helps executors carry out your wishes while complying with applicable terms of service and privacy considerations.
You may disinherit someone by naming alternative beneficiaries in your will and making explicit exclusions. However, state law and certain claims, such as spousal elective share rights, can limit the ability to fully disinherit a spouse. Clear drafting and coordination with other documents are important to achieve intended outcomes. Because disinheritance can prompt disputes, careful language and explanation of intentions reduce ambiguity. In complex family situations, additional planning tools like trusts may offer more precise control over distributions.
Changes to a will are made by executing a new will that explicitly revokes prior wills, or by adding a codicil to amend specific provisions, depending on state rules. Proper execution formalities are required for the changes to be valid, so informal notes or unsigned changes typically will not suffice. When circumstances change, consult to ensure amendments reflect your current wishes and remain consistent with beneficiary designations and any trusts or other planning documents you maintain.
A will executed in one state is often valid in another if it complied with the signing and witnessing requirements where it was made, but laws vary. Moving to a new state may create differences in estate and tax rules that affect how your will operates. After relocating, review your will and broader estate plan to confirm compliance with local law and to address any new tax or procedural considerations. Updating documents post-move provides clarity for local courts and administrators.
