Creating a will ensures your property is distributed according to your wishes rather than state law, reducing the risk of disputes and lengthy court procedures. A will also lets you designate guardians for minor children and name a trusted personal representative to handle estate administration, which can protect family relationships and preserve business continuity.
A comprehensive approach grants you more control by detailing specific bequests, establishing trusts if needed, and providing clear administration instructions. This level of clarity reduces ambiguity, helps the personal representative act confidently, and supports a smoother transition of assets to intended recipients.
Hatcher Legal focuses on business and estate law, helping clients craft clear wills that fit family dynamics and business needs. The firm emphasizes practical planning, transparent communication, and documents that are straightforward for personal representatives to administer during probate.
After execution we recommend secure storage, maintaining a record of location, and notifying your personal representative. If administration is needed, we provide support to the representative, including filing required documents, responding to creditor claims, and facilitating asset distribution according to the will.
A will is a legal document that sets out how your assets should be distributed, names a personal representative, and can appoint guardians for minor children. Creating a will gives you control over distribution and reduces the chance that state intestacy rules will dictate outcomes. Drafting a will involves identifying beneficiaries, specific gifts, and residuary distributions, and executing it with required witnesses. Regular review keeps the document aligned with life changes and other estate planning instruments like trusts and beneficiary designations.
Select a personal representative who is organized, trustworthy, and willing to manage estate administration tasks such as gathering assets, paying debts, and distributing property. Consider naming an alternate in case your first choice is unavailable or declines to serve. Discuss responsibilities with the person and consider proximity and financial acumen when choosing someone for the role. For business owners, coordinate the choice with succession plans to ensure continuity and effective administration.
Yes, you can update or revoke your will at any time while you have capacity by executing a new will or a codicil that clearly revokes prior documents. It is important to follow state formalities for validity when making changes. After major life events like marriage, divorce, births, or acquiring significant assets, review and revise your will to reflect current intentions and to ensure beneficiary designations and titles are consistent with the updated plan.
If you die without a valid will, state intestacy laws determine how property is distributed, which may not reflect your wishes. This can lead to unintended beneficiaries, longer administration, and increased potential for family disputes. Intestacy can especially complicate matters for blended families or owners of businesses and multiple properties. Creating a will avoids these defaults and ensures your assets and guardianship choices are handled according to your preferences.
A living trust can help avoid probate for assets properly titled into the trust, but a will remains important to cover matters not handled by the trust and to nominate a personal representative and guardians for minors. A pour-over will can transfer remaining assets into the trust on death. Coordinating wills and trusts ensures all assets are addressed, titles and beneficiary designations are aligned, and that any assets not transferred during life are handled according to your overall estate plan.
A will allows you to nominate a guardian for minor children and an alternate guardian in case the first choice cannot serve. The court typically considers your nomination, the child’s best interests, and any family circumstances when approving a guardian appointment. Clearly stating your wishes and providing supportive information about the nominated guardian can help the court decide in favor of your choice, reducing uncertainty and potential disputes after a parent’s death.
A will alone does not avoid probate, but it provides instructions used during probate to distribute assets. Some planning tools such as trusts, joint ownership, and beneficiary designations can reduce the assets subject to probate and streamline administration. While a will is not primarily a tax-avoidance tool, coordinated planning with other instruments can address tax exposure. For larger or complex estates, additional measures may be advisable to manage tax consequences effectively.
Store the original will in a secure location such as a safe deposit box or an attorney’s records, and keep a record of its location. Share the location and any necessary access information with your personal representative or a trusted family member to avoid delays at the time of need. Providing copies to relevant advisors and maintaining a list of key documents helps executors locate assets quickly. Avoid leaving the only copy in an unsecured place where it could be lost or damaged.
A will directs the distribution of property at death and nominates guardians and a personal representative. A living will is an advance directive that states medical wishes and decisions about life-sustaining treatment if you become incapacitated. Both documents serve different purposes: the will addresses property and guardianship, while the living will and durable powers of attorney address health and financial decision-making during incapacity. Together they form a complete planning framework.
Hatcher Legal assists clients in drafting wills, coordinating related documents like powers of attorney and advance directives, and aligning estate plans with business succession or asset protection goals. The firm also supports personal representatives through probate and administration tasks. When disputes arise, the firm offers estate mediation to help families reach practical resolutions outside of protracted litigation, aiming to preserve relationships while achieving fair outcomes based on the decedent’s intentions.
