What Goes Into a Valid Will in Illinois?

There are many misconceptions about estate planning and who needs to have a valid will. Regardless of your assets or age, it is critical to work with an estate planning lawyer and to draft a valid will that can allow you to make important decisions about who will inherit your property, who will manage your estate after your death, and who will care for your minor children in the event of an accident or death.

Now, recognizing that it is essential to have a will, you might be wondering: how do I make a will, and what goes into it? You should get in touch with an Oak Park estate planning attorney when you are considering a will or any other estate planning materials to ensure that everything is done in compliance with Illinois law. In the meantime, our firm can tell you more about making a valid will in Illinois and the steps you will beed to take according to the Illinois Probate Act.

Make Decisions About Your Property, Your Children, and Your Estate

Wills are extremely helpful for a few reasons, including that they allow you to decide how your assets will be distributed after you are gone, who will provide care for and become the guardian of your minor children, and who will handle the details of your estate after your death (i.e., who will be your executor).

Before you begin thinking about how to draft a valid will under Illinois law, you will want to make important decisions about your property, your children, and your estate by doing some of the following:

Make a list of the assets you have, including property with market value as well as property with sentimental or personal value, and identify the heir who you want to inherit each piece of property (such as a child, grandchild, niece, nephew, sibling, parent, friend, neighbor, or even a charity);

  • Identify outstanding debts and consider how you want certain debts to be handled if they still exist at the time of your death;
  • Choose a person who can act as guardian for your child if you still have a minor child; and
  • Think carefully about the person or people you trust to handle your estate, and name them as executor(s).

Know the Legal Requirements for a Last Will and Testament

Once you know the general substance of your will, it is important to be clear about the requirements for a valid last will and testament under Illinois law. For a will to be valid (and for your wishes to be carried out in the manner you have expressed in the will), the following must be true:

  • You must be at least 18 years old;
  • You must be “of sound mind and memory”;
  • You must physically sign your will in front of two people who will serve as witnesses; and
  • You must also witness the two witnesses signing the will in your presence.

Contact an Oak Park Estate Planning Lawyer

Do you need help with a will, or do you have questions about estate planning in Illinois? One of our experienced Oak Park estate planning attorneys is here to help. Contact the Emerson Law Firm to learn more.



See Related Blog Posts:

I Do Not Want to Lose My Property: Does This Mean I Should Avoid Bankruptcy?

How to Keep Your Property in a Consumer Bankruptcy Case

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