A properly prepared will provides clarity about asset distribution and guardianship for minors, reduces family conflict, and can expedite the transfer of property through probate. It also allows you to name an executor who will carry out your wishes and to include specific bequests, charitable gifts, or provisions for business succession when applicable.
For owners of businesses or multiple properties, a comprehensive plan organizes succession, clarifies roles, and can prevent operational disruption. Agreements and trusts designed as part of estate planning maintain business value and provide a roadmap for transition that supports family or co-owners while reducing potential litigation.
Hatcher Legal provides practical, client-focused estate planning for individuals and families in Gore and the surrounding region. We prioritize clear communication, careful drafting, and plans tailored to family dynamics, property holdings, and business concerns to help preserve your intentions and reduce estate administration burdens.
After execution we recommend periodic reviews and updates, especially after major life events. We can store documents securely, coordinate beneficiary changes, and provide executors with guidance to help carry out your wishes efficiently when the time comes.
A will is a court‑filed document that directs the distribution of probate assets, appoints an executor, and names guardians for minor children. It becomes effective only after death and generally controls assets that do not pass by beneficiary designation or joint ownership. A trust can hold assets during your lifetime and avoid probate for those assets, provide continuity of management, and allow more detailed control over timing and conditions of distributions. Combining wills and trusts can address different types of assets and objectives in a comprehensive plan.
Beneficiary designations on accounts like IRAs, 401(k)s, and life insurance override instructions in a will for those specifically designated assets. Because such accounts pass outside probate, it is essential to keep beneficiary information current to reflect your intentions. A will remains valuable for assets without beneficiary designations, personal property, and for naming guardians of minor children. Coordination between your will and account beneficiary forms ensures consistent results across all assets.
You should review your will after major life events including marriage, divorce, births, deaths, significant changes in assets, or a move to a different state. These events often necessitate updates to guardianship choices, beneficiary designations, and distribution plans. Even absent major events, reviewing estate documents every three to five years helps account for legal changes and shifting family circumstances. Regular reviews reduce the chance of outdated provisions creating confusion or unintended outcomes.
While DIY wills are available, handwritten or online forms may omit important legal requirements or fail to address complexities like guardianship contingencies and tax issues. Errors in form wills can lead to probate delays or disputes that undermine your intentions. Working with a legal professional helps ensure your will meets state formalities, uses clear language, and is coordinated with other estate documents. Professional drafting tends to reduce the risk of challenges and preserves your wishes more reliably for beneficiaries.
If you die intestate (without a will) in Virginia, state law determines how assets are distributed among surviving relatives. Intestacy rules may not reflect your preferences for distribution and can lead to unintended outcomes or disputes among family members. Without a will there is no court‑appointed guardian nominated by you for minor children, and the court selects a guardian based on the child’s best interests. Preparing a will allows you to control these critical decisions rather than leaving them to statutory default rules.
Choose an executor who is responsible, organized, and willing to manage estate administration tasks such as inventorying assets, paying debts, and distributing inheritances. Consider naming a successor executor in case your primary choice is unable to serve. If administration could be complex or contentious, selecting a neutral beneficiary or a trusted family member with organizational skills can ease the process. Discuss your choice with the person named so they understand the role and potential responsibilities.
Yes, you can change your will after signing by creating a new will or adding a codicil that follows the same formalities as the original. Significant changes are often best accomplished by drafting a new will to avoid ambiguity or conflicting provisions. It is important to properly revoke prior wills when executing a replacement and to retrieve or destroy older copies. Proper execution and clear revocation language reduce the risk of disputes during probate.
A will does not avoid probate; it provides instructions for distributing assets that must pass through probate. Probate is the court process for validating the will, settling debts, paying taxes, and distributing remaining assets to beneficiaries. Assets held in trusts, payable‑on‑death accounts, or jointly owned with rights of survivorship generally pass outside probate. Using these tools alongside a will can reduce the portion of an estate subject to probate and speed distribution to beneficiaries.
During probate, outstanding debts and taxes are paid from estate assets before distributions to beneficiaries. The executor is responsible for locating creditors, notifying them, and resolving claims within timeframes prescribed by law to protect the estate from lingering obligations. Estate taxes and final income taxes may also be due, depending on the estate’s size and tax rules in effect. Proper planning and timely filing of required returns help minimize penalties and ensure compliance with filing deadlines.
Store your will in a secure but accessible location such as a safe deposit box, a fireproof home safe, or a secure document storage service. Inform your executor where the original will is located and consider providing a certified copy as a backup to reduce delays when opening probate. Avoid leaving the sole original in an insecure or hidden place that may be difficult to locate. Periodic confirmation of storage arrangements ensures the will remains available and reflects your current intentions.
