A properly drafted will establishes clear directives for asset distribution, names a trusted personal representative to administer the estate, and can appoint guardians for minor children. It minimizes family confusion and litigation risk, streamlines probate procedures where required, and preserves your intentions while allowing flexibility for future updates as family or financial situations change.
A complete estate plan clarifies how assets should be handled, reducing ambiguity that can lead to family disputes or litigation. Clear language and coordinated documents make the administrator’s role more straightforward and preserve relationships by minimizing contentious interpretation issues during a difficult time.
Hatcher Legal provides grounded, client-focused planning that prioritizes clarity, ease of administration, and alignment with your family and business needs. We work to explain options in plain language, draft documents that reflect your priorities, and suggest practical steps to reduce future burdens on loved ones.
We advise on secure storage options and recommend that trusted individuals know how to locate the will. We also discuss triggers for future updates, such as marriage, divorce, births, property acquisitions, or changes in beneficiary preferences, to keep the plan current.
A will is a document that directs distribution of assets and appoints a personal representative and guardians. It generally becomes effective upon death and often requires probate for court-supervised administration. A trust is a separate vehicle that can hold assets during life and provide for management and distribution without probate for assets titled to the trust. Trusts can offer privacy and more control over timing and conditions of distribution, and they are often used for larger estates, complex family situations, or to manage assets for minors. Deciding between a will, a trust, or both depends on your assets, family structure, and goals, and we can help evaluate the best approach for your circumstances.
Online wills and DIY forms can provide a basic framework but may fail to address state-specific formalities, complex asset ownership, or unintended conflicts with beneficiary designations. A tailored review ensures the document meets legal requirements and aligns with your full estate plan so your intentions are effective when needed. Using a professional review helps identify gaps that could cause delays or disputes, such as improper witnessing, ambiguous beneficiary language, or conflicts with deeds and account ownership. For straightforward estates, an online form may be a start, but integrating it into a coordinated plan often requires additional clarification and drafting.
You should review your will after major life events such as marriage, divorce, birth or adoption of children, significant changes in assets, or changes in relationships with beneficiaries or potential personal representatives. Laws and tax rules also change over time, making periodic reviews prudent to ensure the instrument still meets your goals. Even without major events, a routine review every few years helps confirm beneficiary designations and execution validity. Regular check-ins prevent outdated provisions from producing unintended results and allow updates to reflect new planning techniques or family circumstances.
Yes. A will is commonly used to nominate guardians for minor children and to provide instructions for their care and financial support. Naming primary and alternate guardians offers the court clear guidance on parental preferences, which the court will consider when appointing a guardian for minors. It is also important to coordinate guardianship provisions with financial arrangements, such as trusts or custodial accounts, to ensure children receive appropriate support. Clear documentation and communication with nominated guardians helps ensure a smoother transition if the appointment becomes necessary.
If you die without a will, state intestacy laws determine who inherits your property, which may not match your wishes. Typically, assets pass to a surviving spouse, children, or other relatives in a hierarchy set by statute. Intestacy can result in unintended transfers and may leave certain loved ones without the support you intended. Dying intestate also means the court will appoint an administrator to handle estate affairs, which can increase complexity and delay distributions. Creating a will allows you to control distributions, appoint a personal representative, and name guardians, avoiding the default statutory outcomes of intestacy.
A personal representative is chosen in the will and is responsible for administering the estate under court supervision if probate applies. Duties typically include identifying and collecting assets, paying debts and taxes, filing required documents, and distributing property to beneficiaries according to the will and applicable law. If a named personal representative cannot serve, the court will appoint an alternate. Selecting someone who is organized and available reduces administration delays. It is also common to name successor representatives and to consider professional fiduciaries when family members are not suitable or available.
Wills can be contested for reasons such as lack of legal capacity, undue influence, fraud, or improper execution. Clear drafting, proper witnessing, and contemporaneous documentation help reduce the likelihood of successful challenges. Ensuring the will aligns with known facts and prior documents also diminishes grounds for contest. While contests are possible, many disputes are resolved through negotiation or mediation, which can preserve family relationships and reduce costs. Careful planning and documentation of decision-making can lower the risk of protracted litigation after death.
A will itself does not avoid probate for assets that pass under it; probate is the process used to validate and administer a will. Certain assets pass outside probate through beneficiary designations, joint ownership, or transfers to trusts. These nonprobate methods can reduce the portion of an estate subject to probate administration. Combining wills with trusts and proper beneficiary designations can minimize probate exposure and speed distribution. The appropriate mix of tools depends on asset types, privacy concerns, and estate complexity, and should be tailored to meet individual goals.
Store the original signed will in a secure, accessible location such as a safe deposit box or a secure personal safe, and make sure the personal representative and trusted family members know where it is located. Keep a copy for your records and note any access instructions to ensure timely retrieval when needed. Avoid hiding the will in obscure places that could be overlooked. Informing a trusted person of its location and providing contact details for your attorney can speed estate administration and reduce delays for your loved ones.
Yes. You can change your will by creating a codicil for minor revisions or by drafting a new will that revokes prior wills. Major life changes typically call for a new will to avoid confusion. Any changes must meet the same execution formalities required for a valid will to be effective. Destroying an old will with the intent to revoke can also be effective, but safe practice is to execute a new, clearly drafted will and advise relevant parties of the update. We recommend documenting changes and keeping copies to prevent disputes.
