A properly executed will reduces ambiguity about your intentions, helps expedite probate, and can limit family disputes by providing clear directives about property distribution and personal matters. Wills also allow you to name someone you trust to handle estate affairs and assign guardianship for minor children, which is especially important for families.
Comprehensive plans can specify staggered or conditional distributions through testamentary trusts and detailed beneficiary provisions to protect inheritances from creditor claims, poor financial decisions, or unintended disinheritance, allowing creators to match distributions to beneficiaries’ maturity and needs.
Hatcher Legal, PLLC focuses on creating durable, plain-language wills that reflect clients’ values and practical needs. We prioritize careful review of asset titles and beneficiary designations, clear executor instructions, and coordination with financial professionals to reduce surprises during probate.
During administration we evaluate creditor claims, coordinate tax filings and payments, and oversee the distribution of remaining assets according to the will. We prepare accounts for court review and provide guidance to personal representatives to ensure compliance with statutory duties.
A will is a testamentary document that governs asset distribution and fiduciary appointments after death, while a trust can take effect during life or at death to hold assets and potentially avoid probate. Trusts can offer more control over timing of distributions and may protect privacy by keeping certain assets out of the public probate record. Trusts may also be useful for managing assets for beneficiaries who need ongoing support or for more complex estate tax planning, while a will remains essential for naming guardians and handling assets requiring probate.
You should review and consider updating your will after major life events such as marriage, divorce, birth or adoption of a child, death of a beneficiary or fiduciary, acquisition of significant assets, or relocation across state lines. Changes in tax law, beneficiary designations that no longer reflect your wishes, or evolving family dynamics also warrant a review. Periodic reviews every few years help ensure that your documents align with current circumstances and continue to fulfill your intentions for asset distribution and guardianship.
Probate in Virginia begins by presenting the will to the circuit court in the locality where the decedent resided. The court validates the will, appoints a personal representative, and oversees administration tasks such as inventorying assets, notifying creditors, paying debts and taxes, and distributing property. Not all assets pass through probate; assets held in trusts, accounts with beneficiary designations, and jointly owned property may transfer outside probate, so careful planning can reduce the scope and cost of court involvement.
Yes, you can name guardians for minor children in your will, expressing your preferences for who should care for them if you pass away. While the court gives weight to parental nominations, its primary concern is the child’s best interests and the court may review the suitability of the nominated guardian. Naming alternates and providing clear guidance about financial care through trusts and trustee instructions helps ensure your children are cared for according to your wishes.
If someone dies without a valid will in Virginia, their property is distributed according to state intestacy laws, which prioritize spouses, children, and other close relatives. This outcome may not reflect the deceased person’s desires and can lead to unexpected distributions, disputes among family members, and court-appointed administrators rather than individuals the decedent might have chosen. Proper estate planning helps avoid intestacy and provides clear directions for asset transfer.
Beneficiary designations on retirement accounts and life insurance typically supersede instructions in a will for those specific assets because designated beneficiaries receive those accounts outside of probate. It is important to coordinate beneficiary forms with your will and other estate documents to avoid conflicting directions. Regular review of named beneficiaries ensures that account designations align with your overall estate planning objectives and do not unintentionally disinherit intended heirs.
When selecting a personal representative, consider choosing someone organized, trustworthy, and willing to manage administrative tasks and interact with courts and financial institutions. You may name a family member, a trusted friend, or a professional fiduciary depending on complexity and potential conflicts. Naming a successor representative and clearly explaining responsibilities in your estate plan helps maintain continuity if the primary appointee cannot serve.
Handwritten wills, or holographic wills, have varying recognition depending on state law and the document’s compliance with formal requirements like signature and witness rules. In Virginia, properly witnessed written wills that meet statutory formalities are generally preferred to reduce the risk of invalidation. Informal documents increase the potential for disputes and challenges, so formal drafting and execution with witnesses provide greater certainty that your wishes will be followed.
Planning for incapacity involves preparing durable powers of attorney for financial matters and advance healthcare directives to name decision makers and express treatment preferences. These documents allow trusted agents to manage finances and medical choices without court-appointed guardianship, ensuring continuity of care and financial oversight. Regularly reviewing these documents and communicating your wishes with named agents helps avoid confusion during a medical crisis.
A will alone may not reduce estate taxes, which depend on the estate’s size and applicable federal or state thresholds, but wills combined with other tools such as trusts and lifetime gifting strategies can be effective components of tax-aware planning. For larger estates, integrating testamentary trusts, marital deduction planning, and beneficiary coordination helps manage potential tax exposure while aligning distributions with the decedent’s long-term objectives.
