When to Make a Will

Most of us have heard about wills, either because a relative or friend has talked about making a will or because we have considered making a will ourselves in the past to ensure that our assets go to the people who we want to have them. While general knowledge of wills may be relatively common, many people in Oak Park and throughout Illinois have misconceptions about who should make a will and, specifically, when it is important to make one. You might wrongly assume that you should wait until you are older to work with an estate planning lawyer or that you do not need to think about making a will unless you find out you are experiencing serious health issues. Yet those truly are misconceptions. If you are wondering when to make a will, the answer is now (or as soon as possible). Our Oak Park estate planning lawyers can explain.

When to Make a Will


As we mentioned above, there are many incorrect assumptions about who should make a will and when. We want to be clear that every adult should consider making a valid will according to Illinois law, and you should not wait for any specific moment or life event to occur in order to make your will. To be sure, waiting to make a will can have disastrous consequences. If you assume that you can wait until you are older to make a will, an unexpected accident can result in your dying intestate, which will result in Illinois intestacy laws governing how your property is distributed. In addition, under similar circumstances, you may not have made clear who should become a guardian for your children or what kind of medical care you do or do not want in the case of incapacity.

In short, there are no life events that should trigger a will. Rather, you should work with an estate planning attorney as soon as possible on a will to ensure that you retain control over the following, no matter what unexpected events or life circumstances arise:

  • How your property will be distributed;
  • Who will administer your estate (i.e., who will be your executor);
  • Who will become the guardian for your children if you pass away with minor children;
  • Whether or not you want certain forms of life-extending and other forms of care; and
  • Who can make medical decisions for you if you become incapacitated.

You Can Always Make Revisions

You might be thinking that it would make more sense to wait until you are older to make a will since you are likely to change your mind later on, or acquire additional assets as you continue working. Yet having a will in place, for the reasons discussed above, is extremely important. It is essential to know that you can always make revisions to your will, or you can make a new will altogether if you need to do so.

Contact Our Oak Park Estate Planning Attorneys

Are you wondering whether or when to make a will? If you do not yet have a will, or if you need to make revisions to an existing will, you should get in touch with an experienced Oak Park estate planning attorney as soon as you can. In addition to assisting you with a will, our firm can answer any questions you have and can help you with advance directives, trusts, and other aspects of estate planning. Contact the Emerson Law Firm today for more information about our estate planning services.



See Related Blog Posts:

What is a Will Contest and How Can I Avoid One?

Should I Name a New Executor?



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