Now Serving
NC · MD · VA
A will gives you control over who receives your assets and who makes decisions for dependent children. It streamlines probate, can reduce family conflict, and provides a documented expression of your intentions. Drafting a will proactively allows for thoughtful choices about legacy, guardianship, and personal items, improving outcomes for heirs and reducing time and cost in estate administration.
Using trusts and tailored provisions lets you set timing, conditions, and management for distributions, which can protect inheritances for minors or beneficiaries who need oversight. This flexibility preserves family intentions and prevents unintended outcomes by specifying how and when assets are used, creating stability and predictability across generations.
We provide attentive client service and careful document drafting to ensure wills reflect your goals and meet Virginia’s legal requirements. Our approach emphasizes clear communication, thorough planning, and practical solutions that reduce the burden on families during probate, enabling efficient administration and faithful implementation of your wishes.
We recommend reviewing wills after major events to confirm that beneficiary designations, guardians, and fiduciary appointments still reflect current wishes. Updates prevent gaps or conflicts and help maintain alignment with evolving family and financial circumstances.
A will is a document that directs asset distribution and appoints guardians and executors after death, while a living trust holds assets during life and can transfer them to beneficiaries without probate. Trusts often manage assets privately and can provide ongoing oversight, whereas wills are public through probate and may require court involvement. Choosing between a will and a trust depends on asset types, privacy concerns, and whether you want to avoid probate. For many families, a will combined with specific trusts or beneficiary designations provides a balanced approach. Consulting about your unique situation helps determine which tools best meet your goals under Virginia law.
Not all assets pass under a will. Accounts with designated beneficiaries, jointly owned property, and certain trusts transfer outside of probate. A will controls the distribution of assets that are solely in your name without beneficiary designations, subject to applicable law. It is important to inventory accounts and titles so your will covers assets that require probate direction. Coordinating beneficiary designations and ownership structures with your will prevents unintended gaps and helps ensure your intentions are followed efficiently.
Update your will after major life events such as marriage, divorce, births, deaths, significant changes in assets, or business transactions. Periodic review every few years is also advisable to account for legal changes and evolving family circumstances. Keeping your will current helps avoid disputes and unintended distributions. Regular reviews ensure appointed fiduciaries remain suitable and beneficiary designations and guardianship nominations reflect your present wishes and relationships.
Yes, you can nominate a guardian for minor children in your will. Naming both a primary guardian and an alternate provides the court clear guidance on who should care for your children and manage their financial needs until they reach adulthood. It is important to discuss your choice with the nominated guardian and ensure the person is willing to serve. Clear instructions and contingent provisions can reduce family uncertainty and give the court confidence in your nominated arrangements.
If you die without a will in Virginia, state intestacy laws determine how your assets are distributed, which may not match your wishes. Spouses, children, and other relatives may inherit according to statutory rules, and the court appoints an administrator to settle the estate. Dying intestate can lead to outcomes that surprise families and may prolong estate administration. Creating a will ensures personal decisions about distribution and guardianship are respected and reduces the risk of unintended results under default law.
To be valid in Virginia, a will must be in writing, signed by the testator, and witnessed by two competent adults who sign in the testator’s presence. Some circumstances may allow for holographic or nuncupative wills, but formal, witnessed wills are recommended for clarity and enforceability. Proper execution and safekeeping are essential. We advise on witness selection, signing procedures, and storing the original will so that it can be located and admitted to probate without unnecessary challenges.
Most wills in Collinsville will be submitted to the Henry County probate court to validate the document and appoint an executor. Probate involves inventorying assets, notifying creditors, paying obligations, and distributing remaining property under the will’s terms and court oversight. Some small estates or assets with beneficiary designations may avoid probate. Planning tools and account titling strategies can reduce the estate items that must pass through probate, simplifying administration for beneficiaries.
You can change your will at any time while you are competent by executing a new will or a formal amendment called a codicil, following the same signing and witnessing requirements. Replacing an old will with a newly executed document avoids confusion and ensures your current wishes are clear. It is important to explicitly revoke prior wills when creating a new one to prevent conflicting instructions. We help clients update documents properly and advise on notifying relevant parties or storing updated originals.
Including business interests in your will can direct how ownership interests should be handled at death, but wills alone may not be sufficient for complex business succession. Coordination with buy-sell agreements, corporate documents, and succession planning tools ensures smooth transitions and protects business continuity. Business owners should integrate their wills with entity agreements and consider trusts or transfers that address management, valuation, and tax implications. Proper coordination reduces disruption and provides clearer outcomes for partners, employees, and family.
Keep the original will in a secure, accessible location and let a trusted person know where it is stored. Options include a safe deposit box, a home safe, or a secure attorney file where the original can be produced when needed for probate. Avoid storing the only copy in a place where it might be easily lost or inaccessible. We can hold the original will securely and provide copies to designated fiduciaries to ensure it is found and admitted to probate without delay.
