Richmond Will Attorney

More Than Fifty Years of Combined Experience Planning Virginia Wills

When someone in Virginia dies without an effective will, state law decides who receives property subject to Virginia intestate succession. That result may not match what you want for your spouse, children, or other loved ones. If you’ve been putting off this decision, you aren’t alone, and it doesn’t have to be confusing.

At Johnson, Gasink & Baxter, LLP, we help individuals and families in Richmond and throughout Virginia turn their wishes into documents intended to comply with Virginia law. Our estate planning team focuses on wills and related planning, so you don’t have to figure it out on your own or rely on a one-size-fits-all form.

With more than fifty years of combined experience in estate planning and probate, our attorneys work to make the process straightforward. We listen, explain your options in plain language, and prepare a Virginia last will and testament that reflects your goals, family relationships, and assets.

Ready to create or update your Virginia will? Call Johnson, Gasink & Baxter, LLP at (888) 487-9899 or contact us online to get started.

What Your Virginia Will Should Cover

A valid will in Virginia does more than say who receives your belongings. It creates a roadmap for how your probate estate should be handled and who is responsible for carrying out your wishes.

Choosing an Executor

One key decision is who will serve as your executor. This person generally works with the appropriate Virginia circuit court to administer your estate. We help you think through who is best suited for that role and whether naming a backup executor makes sense.

Distributing Property & Gifts

Your will also directs how property in your probate estate is distributed. That can include your home, personal belongings, financial accounts that don’t already have beneficiaries, and interests in a business. Assets controlled by beneficiary designations or survivorship arrangements may pass outside the will, so those arrangements should be considered as part of the broader plan.

We regularly work with married couples, single parents, blended families, and people who own rental or investment property in Virginia. We account for how your family relationships and asset ownership affect your plan. We can also help you distinguish among specific bequests, charitable gifts, and the residuary estate, which is the property remaining after enforceable debts, expenses, and specific gifts are addressed.

Planning for Minor Children

Parents of minor children often consider guardianship one of the most important parts of a will. We guide you through naming people you trust to care for your children if both parents are gone. A guardian nomination communicates your preference, although the court retains authority to determine what serves the child’s interests.

When you’re getting ready to meet with us about your will, it can help to consider:

• Who you trust to handle paperwork and work with the court after you pass away
• How you’d like your home and other major assets to be divided
• Which friends or family members should receive specific items with sentimental value
• Who you’d want to care for minor children if both parents are gone
• Whether you’d like to include charitable organizations in your plan

You don’t need to have every answer before we meet. Many people arrive with only a general idea of what they want. We ask targeted questions, explain the options under Virginia law, and keep you involved in each decision affecting your will.

Our Will Planning Process in Richmond

We meet clients at our Richmond office and at our other Virginia locations by appointment.

Initial Consultation & Document Review

When you first contact us, we gather basic information and help you schedule a consultation. At that meeting, we listen to your goals, ask about your family and assets, and review any existing estate planning documents you may already have. Helpful materials can include an existing will, trust documents, beneficiary information, and a general list of major assets, but you can begin even if you haven’t assembled everything.

Recommendations & Drafting

After we understand your situation, we discuss the documents that may be appropriate, including your last will and testament and, when useful, powers of attorney or other planning tools. We explain each option in plain language and help you see how different choices could work in practice.

Once we agree on a direction, we prepare draft documents that reflect your instructions and applicable Virginia requirements. At a follow-up meeting, in person or by another method when appropriate, we review those drafts with you. We walk through each section, answer questions, and make adjustments if something doesn’t match what you had in mind.

Signing, Witnessing, & Storage

When you’re comfortable with the final version, we guide you through proper signing and witnessing. Under Virginia law, execution of a standard written will generally requires the testator to sign, or acknowledge a signature, in the presence of at least two competent witnesses who are present at the same time. The witnesses must also sign the will in the testator’s presence. Following the required formalities matters because execution errors can raise questions during probate.

We can also talk with you about safe storage options and how to let your executor or key family members know where the original will is kept. The original should remain in a known, accessible location where the appropriate person can locate it when needed. We explain our fee structure before work begins so you can understand the anticipated billing arrangement.

Common Will-Planning Mistakes

Many people assume a simple online form or handwritten document is enough to express their wishes. In reality, errors in wording, signing, or structure can cause delays, court disputes, or unintended outcomes for family members. A handwritten or online document may also overlook how the person owns property or whether a beneficiary designation controls a particular asset.

Another common issue is failing to think through how different parts of a will work together. Naming an executor without a backup, using unclear language about beneficiaries, or failing to address what happens when a recipient dies first can create uncertainty. We prepare Virginia wills and review existing documents for provisions that may no longer fit the client’s family or assets.

Marriage, divorce, births, deaths, relocation, and significant asset changes can all create reasons to revisit an existing will. Informal handwritten changes or notes generally aren’t a reliable substitute for a properly prepared and executed update. A review can identify whether the will, related documents, and beneficiary designations still work together.

When a Will May Not Be Enough on Its Own

A will is an important foundation, but for many people it’s only one part of a complete estate plan. It generally controls property passing through the probate estate after death. It doesn’t replace documents that authorize financial, legal, or healthcare decisions during life.

Powers of attorney can authorize another person to handle specified matters if assistance is needed. Advance medical directives address healthcare instructions and decision-making. Trusts may hold or manage particular assets, while beneficiary designations can direct certain accounts or insurance proceeds outside the will.

The usefulness of these planning tools depends on your goals, family structure, assets, and circumstances. We help clients understand how each document functions, where coordination is needed, and how those decisions can protect their assets, rather than treating the will as a standalone form.

Keeping Your Will Up to Date

A will isn’t something you create once and never revisit. Lives change, and your estate plan should keep pace. Events such as marriage, divorce, the birth of a child or grandchild, a move within Virginia, or the purchase or sale of a home can all be reasons to review your plan.

Our attorneys encourage clients to look at their wills periodically, even if there hasn’t been a major event. Sometimes, perspectives change over time or relationships shift in subtle ways. A review can confirm that everything still fits or highlight an area that may need adjustment.

To support this long-term view, Johnson, Gasink & Baxter, LLP offers our TrustGuard™ service. This service is designed to help clients keep their estate plans, including wills, current as life unfolds. We discuss the service with clients who want ongoing help maintaining their planning documents.

Because we maintain offices in Richmond and other parts of Virginia, many clients continue working with us after moving elsewhere in the Commonwealth. We can review whether a change in residence, property ownership, beneficiaries, or personal goals calls for revisions to the will or related documents.

Estate Planning Experience & Plain-Language Guidance

Choosing a will attorney is about more than filling out forms. You want a firm that understands Virginia law, appreciates your family dynamics, and has guided many people through similar decisions. That is the focus of our practice at Johnson, Gasink & Baxter, LLP.

Our attorneys bring more than half a century of combined experience in estate planning and probate. We have worked with a wide range of estates, from modest to complex, and with many different family structures. This depth of experience helps us identify issues that might not be obvious at the beginning of the planning process.

Members of our team have been recognized by Super Lawyers and Super Lawyers Rising Stars, and one of our attorneys holds an Avvo Rating of 10.0 Superb in Estate Planning. These independent recognitions give you additional information as you compare your options.

We avoid legal jargon whenever possible and explain any legal terms we need to use. We meet you where you are, whether you’ve read extensively about wills or are starting from scratch. Throughout the process, we keep you informed, answer questions, and explain what each part of your will does.

Cost is a practical concern for most people. Our firm is committed to transparent billing, which means we explain our fee structure before work begins. You can ask questions about both your plan and the cost of putting it in place before deciding how to proceed.

Frequently Asked Questions