A will reduces ambiguity about asset distribution and can significantly shorten probate timelines. It allows you to name an executor, specify personal bequests, and set guardianship for minor children. For property owners in Great Falls, clear instructions minimize family disputes and help ensure that real estate and business interests are handled according to your wishes.
By using trusts and detailed testamentary provisions alongside a will, you maintain control over timing and conditions of distributions. This is useful for beneficiaries who are minors, have limited financial experience, or require oversight to ensure assets are used as intended over time.
Hatcher Legal approaches wills with practical solutions tailored to each client’s circumstances, combining knowledge of estate planning and business law. We focus on drafting clear documents, advising on ancillary planning tools, and coordinating with accountants or financial advisors when needed to support your overall objectives.
Keep the original will in a safe location and provide copies to trusted fiduciaries or notify the executor of its location. We discuss options like secure law firm storage or registrar filings where appropriate to balance security and accessibility.
If you die without a will in Virginia, state intestacy laws determine how your estate is distributed, which may not reflect your personal wishes. Close relatives typically inherit according to a statutory hierarchy, and an appointed administrator will handle estate matters through the probate court. Having a will lets you direct distributions, nominate an executor, and appoint guardians for minor children. Creating a will helps avoid unexpected outcomes under intestacy rules and provides clarity for family members and the probate process.
Yes, you can name a guardian for minor children in your will to ensure a chosen person cares for them if you are unable. The court will consider your nomination but retains authority to approve or review the appointment in the child’s best interest. It is important to discuss guardianship with the proposed guardian beforehand and to name alternates. Including financial provisions or a trust for children’s inheritance can support their long-term needs and management of funds.
You should review your will after major life events such as marriage, divorce, birth of children, significant changes in assets, or relocation. Regular reviews every few years also help ensure beneficiary designations and related documents remain consistent with your wishes. Updating a will can be done by a codicil for minor changes or by drafting a new will for more substantial revisions. Proper execution of any update is essential to avoid conflicts during probate in Virginia courts.
Real estate owned solely in your name typically goes through probate unless it is held in joint tenancy, has a beneficiary designation, or is placed in a trust. A will governs distribution but does not bypass probate for assets titled in your name. If avoiding probate for property is a priority, combining a will with trusts or retitling strategies can allow certain assets to pass outside probate, offering greater privacy and potentially faster distribution to heirs.
Yes, you can change your will at any time while you have the necessary capacity by executing a properly signed new will or a codicil that modifies specific provisions. The later document should follow Virginia’s execution requirements to ensure validity. Destroying an old will with intent to revoke it is another method, but it is safer to execute a new will and notify fiduciaries to avoid confusion. Properly documenting the update helps prevent disputes during probate.
Choose an executor who is trustworthy, organized, and willing to manage the responsibilities of administering your estate. Consider factors such as geographic proximity, ability to handle paperwork, and willingness to work with professionals like attorneys and accountants. Naming an alternate executor provides continuity if your first choice is unable to serve. In some cases, a corporate fiduciary or trusted advisor may be appropriate, especially when estate administration is expected to be complex.
Wills can direct how ownership interests in a business are transferred, but business succession often requires additional documents like buy-sell agreements, operating agreements, and corporate resolutions. Coordination ensures that the will’s directions align with contractual obligations and corporate governance rules. Early planning helps prevent disruptions to operations and clarifies who will assume ownership or management. Consulting with professionals can preserve business value and provide a smooth transition that respects both the business structure and your testamentary wishes.
A will is a testamentary document that takes effect after death and guides probate distribution, while a trust can hold assets during your lifetime and often allows those assets to pass outside probate to beneficiaries. Trusts can provide ongoing management and privacy benefits. Many clients use both documents: a trust for certain assets to avoid probate and a will to handle residuary matters, guardianship nominations, and assets not placed in the trust. Coordinating both instruments creates a comprehensive plan.
Even if you have a living trust, a pour-over will is often used to catch any assets inadvertently left out of the trust and to provide guardianship nominations for minor children. The pour-over will supplements the trust to ensure that all assets ultimately pass according to your central plan. A living trust reduces probate for assets it holds, but maintaining updated beneficiary designations and proper funding of the trust is important to achieve the intended probate-avoidance benefits.
To ensure validity, a will in Fairfax County must be signed by the testator and witnessed according to Virginia law, which typically requires two competent witnesses. Following statutory execution steps and documenting intent reduces the risk of a successful challenge in probate court. Keeping the original will secure and informing fiduciaries of its location helps the probate process proceed smoothly. Periodic reviews and updates ensure the will remains current and consistent with other estate planning documents.
