A valid will protects your goals by directing how your assets are distributed, naming guardians for minor children, and reducing disputes among survivors. Beyond inheritance, a will lets you name the person who will manage your estate through probate, helping to simplify court procedures and shorten the time it takes to settle your affairs.
Comprehensive planning lets you set clear conditions and timing for distributions, creating measures that reflect family dynamics and beneficiary needs. Trusts and detailed wills allow tailored instructions, helping preserve family wealth and ensuring assets are used according to your intentions rather than default court rules.
Hatcher Legal brings a practice centered on business and estate law to deliver careful, client-focused will drafting that reflects individual circumstances and family needs. We prioritize clear communication, thorough document preparation, and attention to state-specific requirements to ensure your will is effective.
Clients receive guidance on secure storage and who should be informed of the will’s location. We advise on triggers for updates such as marriages, births, deaths, or significant financial changes and offer assistance to prepare amendments or new wills as needed.
A will states how your assets should be distributed after death and typically must go through probate to effectuate those transfers. A living trust is a separate legal arrangement that can hold assets during your life and often allows those assets to pass to beneficiaries without formal probate proceedings. Choosing between a will and a living trust depends on your goals, assets, and desire to avoid probate. Trusts can provide continuity and privacy for certain assets, while wills address guardianship and residual distribution. Reviewing asset titling and beneficiary designations helps determine the best combination for your plan.
An executor or personal representative should be someone you trust to manage administrative tasks, communicate with beneficiaries, and follow your directions. Many people choose a reliable family member, close friend, or a professional fiduciary who is willing and able to accept the responsibilities when needed. Consider the person’s availability, organizational skills, and potential for conflict with beneficiaries when naming an executor. You can also name alternate representatives if the primary appointee is unable or unwilling to serve, ensuring continuity in estate administration.
Yes, you can change your will at any time while you have capacity by executing a new will or adding a valid codicil that modifies specific provisions. Proper execution of a new will typically includes revoking prior wills, which helps avoid confusion during probate. It is important to update your will after major life events such as marriage, divorce, births, deaths, or significant changes in assets. Periodic reviews help confirm that the document remains aligned with your current wishes and legal requirements.
Beneficiary designations on life insurance, retirement accounts, and some financial accounts can transfer assets directly to named beneficiaries outside probate. Even with beneficiary designations, a will is useful to address assets that lack designated beneficiaries, name guardians, and provide backup instructions for property that passes through probate. Coordination between your will and beneficiary forms is important because inconsistencies can lead to unintended distributions. Reviewing all accounts and updating designations when you change your plan helps ensure assets pass as you intend.
A will allows you to name a guardian for minor children in the event both parents are deceased or unable to care for them. This nomination guides the court and expresses your preferred caregiver, helping protect children’s stability and continuity of care. Although the court has the final authority to appoint a guardian, naming your choice provides clear direction and can reduce disputes among family members. Including letters of instruction and financial provisions in your will can further assist the appointed guardian in meeting children’s needs.
Dying without a will means state intestacy laws determine how your estate is distributed, which may not reflect your wishes. Intestacy rules prioritize relatives according to statutory order, potentially excluding friends, charities, or nontraditional partners you intended to provide for. Without a will, courts also decide guardianship for minor children and appoint an administrator to handle probate. Creating a will ensures your preferences for property distribution and guardianship are honored rather than default state rules.
A will does not avoid probate for assets that must pass under the will’s terms. Probate is the process through which the court validates the will and supervises distribution of assets that are solely in the decedent’s name, resolving creditor claims and formal transfers to beneficiaries. Some assets can avoid probate through beneficiary designations, joint ownership, or trusts. A comprehensive plan can reduce probate exposure by coordinating these mechanisms with your will to achieve a smoother transition for heirs.
It is advisable to review your will periodically and after major life events such as marriage, divorce, births, deaths, property acquisition, or retirement. Regular reviews every few years help ensure the document still reflects current wishes and legal changes that might affect its operation. Prompt updates after significant changes prevent unintended consequences and can simplify administration for your survivors. Maintaining a clear plan and keeping records accessible reduces confusion and the need for contested proceedings.
If you have an old will you no longer want, the best course is to execute a new will that expressly revokes prior wills or create a signed written revocation. Keeping the old document without formally revoking it can cause ambiguity during probate and increase the risk of disputes. We can help you prepare new documents or codicils to replace outdated wills and advise on notifying custodians where the old will may be stored. Ensuring a clear chain of document custody reduces complications when the time comes for estate administration.
Final arrangements such as funeral preferences can be stated in a will, but because wills may not be reviewed immediately after death, it is advisable to communicate funeral wishes directly to family or include them in a separate, readily accessible document. A will can still provide formal notice of your desires. Discussing arrangements with loved ones and providing written guidance outside of the will ensures your preferences are followed promptly. Coordinating funeral instructions with estate directives and any prepaid plans helps reduce stress and ambiguity for survivors.
