Creating a will allows you to specify beneficiaries, name a personal representative, appoint guardians for minor children, and direct the disposition of property. A clear will reduces ambiguity and the likelihood of contested estates, speeds the probate process, and ensures that your wishes are followed by local courts in Lancaster and across Virginia.
Comprehensive planning lets you set conditions, stagger distributions, or establish trusts to manage assets for beneficiaries over time. These tools allow control over how and when inheritances are used, protecting minors, heirs with special needs, or beneficiaries who may not be ready for immediate lump-sum distributions.
Clients rely on careful, practical legal guidance when planning for the future. Hatcher Legal combines knowledge of business and estate matters to craft wills that work with corporate structures, succession plans, and family objectives, offering clear document drafting and thoughtful coordination across related instruments.
If probate is necessary, we assist the personal representative with court filings, inventories, notices to creditors, and distributions. Our support aims to streamline administration, ensure compliance with procedural steps, and help close the estate efficiently for the benefit of heirs.
A will is a legal document that sets out how your probate assets should be distributed and names a personal representative to manage estate administration. It can appoint guardians for minor children, designate specific bequests, and create testamentary trusts to manage distributions for beneficiaries. Having a will ensures that your wishes are documented and provides the court and family with guidance on asset distribution. Without a will, state intestacy laws determine distribution, which may not match your preferences and can increase the chance of disputes among survivors.
Choose someone you trust who is organized, able to manage financial responsibilities, and willing to serve. Consider an individual familiar with family dynamics and business matters if applicable. It is also wise to name one or two alternate personal representatives to step in if your primary choice cannot serve. Discuss the role in advance so the person understands responsibilities, including filing probate documents, inventorying assets, paying debts, and distributing property. Consider whether professional assistance will be necessary to handle complex assets or court requirements.
If you die without a valid will, intestacy statutes in Virginia determine who inherits, typically prioritizing a spouse and children, then more distant relatives. Assets may not pass to the person you would have chosen, and courts will appoint an administrator to oversee distribution according to law rather than your personal directions. Intestate succession can lead to delays, increased administrative costs, and potential family disputes. Preparing a will allows you to control distribution, name fiduciaries, and set terms that reflect your intentions rather than default statutory rules.
Yes, you can update or revoke a will at any time while you have the legal capacity to do so. Common methods include executing a new will that expressly revokes prior wills or creating a codicil to modify specific provisions. Physical destruction of a will with the intent to revoke it is another method in some circumstances. It is best to work with counsel when making changes to ensure new documents are properly executed and effective. Updating related beneficiary designations and coordinated documents helps avoid conflicts between instruments after revisions.
A will itself does not avoid probate for assets that are titled solely in your name. Probate is the process through which a court supervises the distribution of probate assets under the will. However, many assets can pass outside probate through beneficiary designations, joint ownership, transfer-on-death forms, or properly funded trusts. If avoiding probate is a priority, consider beneficiary updates, joint tenancy where appropriate, payable-on-death designations, or establishing a revocable trust to hold assets during life. Each option has advantages and trade-offs that should align with your broader estate plan.
Review your will periodically and after major life changes such as marriage, divorce, birth of a child, significant changes in assets, or relocation. Regular reviews help ensure that beneficiary designations, fiduciary appointments, and distribution plans reflect your current circumstances and wishes. Even absent major events, a review every few years can confirm that documents remain effective and consistent with your goals. Legal updates or changes to account ownership can also create a need for revisions to maintain alignment across your estate plan.
You can leave assets to minors, but direct bequests to children under the age of majority can create practical problems, as a minor cannot hold full control of an inheritance. A common solution is to create a testamentary trust within the will that holds assets for the child until a designated age or milestone. Naming a trustee to manage funds and provide for the child’s needs gives oversight and structure. Consider specifying distribution timing, permitted uses, and successor trustees to ensure the child’s financial security is handled according to your intentions.
Wills govern distribution of probate assets, but they do not control assets that pass by beneficiary designation or joint ownership, which transfer outside probate. Trusts can avoid probate and provide more detailed and private management of assets, while beneficiary forms on accounts generally supersede conflicting will provisions for those specific assets. Coordinating wills with trusts and beneficiary designations is essential to ensure your overall plan operates as intended. Reviewing titles and designations during drafting prevents unintended results where nonprobate transfers contradict the will’s terms.
Business owners should address succession planning, transfer mechanisms, and how ownership interests will be handled on death. Consider whether ownership passes to family, co-owners, or a new owner, and how management continuity will be preserved. Buy-sell arrangements, corporate documents, and wills should work together to achieve orderly transitions. Valuation, tax implications, and the operational impact of transfers are important considerations. Coordinating corporate governance documents, shareholder agreements, and estate planning instruments reduces the chance of disputes and helps protect business value for successors.
Begin by gathering information about assets, account statements, deeds, business documents, and current beneficiary designations. Prepare a list of family members, potential personal representatives, and guardians. This information helps shape an efficient initial consultation and provides the foundation for drafting a will that reflects your priorities. Expect an initial meeting to review goals and options, followed by drafting and revision of documents. Once finalized, we will guide proper execution and discuss safe storage and distribution of copies, and provide probate assistance if necessary to implement your plan.
