Creating a will provides legal clarity about your wishes, designates decision-makers, and speeds administration under Virginia probate rules. A tailored will can minimize estate administration costs, address tax considerations, and coordinate with trusts and beneficiary designations to ensure assets transfer according to your intentions while protecting dependents and legacy goals.
Combining wills with trusts and business succession planning helps safeguard assets from unnecessary taxes and creditor exposure while providing mechanisms for managed distributions and continuity of business operations, protecting both family wealth and enterprise value across generations.
Hatcher Legal, PLLC prioritizes responsive client service, detailed document review, and practical planning that aligns with personal and business goals. We guide clients through complex decisions, coordinate with financial professionals, and prepare documents designed to minimize disputes and administrative burden.
Estate plans should be reviewed after significant life events, asset changes, or shifts in family structure. We encourage periodic check-ins to update beneficiary designations, executor appointments, and documents so the will continues to reflect current wishes and legal realities.
If you die without a valid will in Virginia, your property generally passes according to state intestacy laws which prioritize spouses, children, and other close relatives. This statutory distribution may not reflect your personal wishes and can lead to outcomes that differ from what you would have chosen. Intestacy can also complicate estate administration and family relationships. Creating a will ensures you control who receives property, who manages the estate, and who cares for minor children. Drafting a will tailored to your family and asset structure reduces uncertainty and helps avoid unintended transfers, making it easier for surviving loved ones to administer your affairs and honor your intentions.
It is wise to review your will after major life events such as marriage, divorce, birth or adoption of children, significant changes in assets, or relocation. These events can alter beneficiary designations, guardian choices, and tax considerations, so updates keep your plan aligned with current circumstances and objectives. Even without major events, a periodic review every few years helps confirm documents remain consistent with financial accounts, business arrangements, and personal relationships. Proactive reviews also ensure that changes in law or court procedures do not unintentionally affect your plan’s effectiveness.
Yes, you can name a guardian for minor children in your will to indicate who should care for them if both parents are deceased. This appointment carries significant weight and helps courts understand your preferences, guiding decisions about custody and child support during estate administration. It is important to discuss the role with the proposed guardian and name alternates in case primary choices are unable or unwilling to serve. Legal documents can also include trust provisions to manage financial support for minors until they reach an age or milestone you specify.
Beneficiary designations on accounts like retirement plans and life insurance typically override wills, and assets held in joint tenancy may pass directly to the surviving owner, potentially avoiding probate. Using beneficiary designations strategically can reduce probate exposure for certain assets. However, not all property can be transferred by designation, and mismatches between beneficiaries and a will can create conflicts or unintended results. A coordinated plan that aligns accounts, deeds, and testamentary documents provides clearer outcomes and reduces administrative complications.
When selecting an executor, consider someone who is organized, trustworthy, and willing to handle administrative tasks such as filing the will, managing creditors, and distributing assets. The role can be time-consuming and requires attention to detail and communication with beneficiaries and the court. Naming alternates is recommended in case your first choice cannot serve. For complex estates, a corporate fiduciary or trusted professional may be appropriate. Clear guidance in the will about duties and compensation expectations helps executors perform their role effectively.
You can leave a business interest in your will, but doing so requires careful coordination with business agreements, bylaws, or operating agreements that may contain transfer restrictions or buy-sell provisions. Without coordination, probate transfers can undermine business continuity or conflict with partner expectations. Addressing succession within corporate or partnership documents and integrating those plans into your estate documents helps avoid unintended ownership changes, liquidity problems, or operational disruption. Planning ensures business interests pass according to both legal requirements and your succession objectives.
Virginia law requires that a will be signed by the testator and witnessed by competent individuals who attest to the signature, generally to confirm the testator’s intent and capacity. Proper execution with witness signatures reduces the risk of a will being challenged during probate. To ensure compliance, meet statutory formalities and consider executing documents with legal guidance. Proper execution protects testamentary intent, helps the will be admitted to probate without unnecessary disputes, and provides a clear record of the will’s validity.
Probate timelines in Henrico County can vary depending on estate complexity, creditor claims, and whether the will is contested. Smaller, straightforward estates may move through probate in several months, while larger or disputed estates can extend for a year or more depending on court scheduling and administrative matters. Efficient planning, clear documentation, and early communication with beneficiaries help streamline the process. Where appropriate, alternatives such as beneficiary transfers, trust arrangements, or summary administration pathways can reduce court involvement and accelerate asset distribution.
A will directs how assets that pass through probate are distributed and allows you to name guardians and an executor. A trust is a separate legal arrangement that holds assets for beneficiaries and can provide ongoing management, avoid probate, and offer privacy and additional protections for heirs. Choosing between a will and a trust depends on goals like probate avoidance, asset management for beneficiaries, and tax planning needs. Many families use both, with a will covering assets outside trusts and trusts managing property intended for longer-term oversight.
Protecting a beneficiary with special needs often involves using trust arrangements to preserve eligibility for public benefits while providing supplemental support. Special needs planning can include third-party or supplemental trusts that deliver care without disqualifying beneficiaries from programs such as Medicaid or Supplemental Security Income. Coordinated planning also includes appointing a trustee who understands benefit rules, drafting clear trust terms for distributions, and integrating the plan with guardianship and powers of attorney to ensure consistent decision-making for the beneficiary’s health and financial needs.
