Drafting a Will in the State of Illinois

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A will is commonly referred to as a “last will and testament” in many regions, including Illinois. A will can help you to protect your family, other survivors, and even your property in the aftermath of your passing. You can draft a will in order to:

  • Give your property to a specific person or even to an organization,
  • In order to name a guardian to look after your children,
  • To name an individual to be held responsible for the assets you have left for your minor children, or
  • To name a responsible person who will ensure that your last wishes are carried out. This individual will be typically referred to as an executor or representative.

A will can be utilized for many other reasons. A will can be beneficial for any person, whether they have assets or not. It is highly important, however, that a will is drafted appropriately. The best wills are not lengthy, although they could be. In order to ensure that you have a valid will, speak to a professional wills & living trust attorney. This article will highlight some of the most essential factors that are necessary in a strongly drafted will.

Facing the Consequences of a Dying Without a Will

Many people pass away without having a plan drafted out (intestacy or death intestate). In the State of Illinois, if you pass away without drafting a will, it is important to know that your properties will be distributed in accordance to the applicable state laws through the probate process. According to the state laws, your property will be distributed among your closest relatives. This will begin with your spouse and your children. In the event that you had neither, your property will be distributed among your parents. Other relatives that could be considered are siblings, uncles, cousins, or even your spouse’s family members. If no relatives are found, the state will take over your property.

Will Drafting Requirements in the State of Illinois

In the State of Illinois, in order to finalize a will, you should sign your will in the presence of two witnesses. It is important that these two witnesses also sign your will. Your will does not need to be notarized in the State of Illinois in order to be held valid. Having the will notarized can be beneficial, however, in the event of your passing. When a person has perished, the court will generally attempt to contact the individuals who served as witnesses to the signing of the will. By having the will notarized, this can help speed the court process because the document will be regarded as self-proving.

Obtaining Legal Representation

In the State of Illinois, you do not need an attorney to make or draft a will. However, there are important reasons as to why you may consider seeking the advice and support of an attorney. For example, if you have reason to believe that your will would be contested or you otherwise plan on disinheriting a close family member, you should consider speaking to a skilled attorney.

Drafting a will can be a complicated matter. Seek the advice and support of a qualified Chicago estate planning law firm who can help answer your questions quickly, and help you make the best possible decisions for you and your family.