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Wills

Illinois Wills Attorneys

A will is one of the most essential documents in estate planning. It is a legal document that outlines your wishes regarding the distribution of your property and the care of any minor children after your passing. At Wilson & Wilson Estate Planning & Elder Law LLC, we understand the deeply personal and critical nature of crafting a will. Our experienced attorneys are here to guide and support you every step of the way, ensuring your legacy is preserved according to your wishes.

What Is a Will?

Simply put, a will ensures that your assets, whether large or small, are passed on to the people and causes most important to you. It allows you to designate beneficiaries for specific possessions, name an executor to carry out your instructions and establish guardianship arrangements for minor children. Without a will, the state will make these determinations on your behalf, following a legal formula that may not reflect your desires.

Illinois state law governs how estates are distributed when someone passes away without a will (a situation known as dying “intestate”). While these statutory guidelines attempt to divide assets fairly, they cannot account for the unique nature of your relationships, goals, or personal priorities. A will puts you in control, ensuring that your legacy aligns with your values.

Why a Will Is Essential

The importance of a will cannot be overstated. Beyond providing clear instructions for your estate distribution, it also minimizes potential disputes among family members. By clearly defining your wishes, you can help reduce confusion and emotional stress during an already challenging time. However, by itself it does not avoid probate if you own real estate.

For parents, the stakes are even higher. A will enables you to name a trusted individual to act as a guardian for your minor children. Without such instructions, the court will appoint someone—a decision that may not align with your preferences.

Finally, a type of will named a “pour-over will” is a “must have” document to accompany your trust. This document pours those non-trust assets into your trust and “pours” them into the trust.

Early Planning Brings Peace of Mind

At Wilson & Wilson, we encourage early estate planning. Life is unpredictable, and delaying this process can leave your loved ones vulnerable to uncertainty and unnecessary complexity. Creating a will while you are in good health and of sound mind ensures not only that your estate plan reflects your intentions but also that it can be tailored to your evolving circumstances over time.

How We Can Help

Drafting a will is more than just filling out forms. It’s a thoughtful process that requires precision, legal knowledge, and the ability to anticipate potential challenges. At Wilson & Wilson Estate Planning & Elder Law LLC, our team of dedicated attorneys works closely with clients to create customized wills that reflect their unique needs and goals. We will take the time to understand your situation, explain your options, and ensure that your will is legally sound and enforceable.

Our attorneys will also help identify complementary tools—as in Powers of Attorney and HIPAA Releases —to build a comprehensive estate plan that offers robust protection. Additionally, as laws change or your personal circumstances evolve, we can help update your will to ensure it remains current and effective.

Secure Your Future Today

Don’t leave your family’s future to chance. Contact us to schedule a consultation at either our Deerfield or LaGrange offices. At Wilson & Wilson Estate Planning & Elder Law LLC, we are committed to helping you safeguard your legacy while bringing you the peace of mind that comes with knowing your loved ones are protected.

FAQs About Wills in Illinois

What happens to my assets if I don't have a will?

When someone passes away without a will in Illinois, they are considered to have died “intestate,” and state law governs how their assets are distributed. The court assigns an administrator to handle your estate, ensuring your property is distributed according to a predetermined legal formula that may not reflect your intentions.

What are the basic requirements for a valid will in Illinois?

To create a valid will in Illinois, you need to be at least 18 years old and of sound mind at the time of signing. A will must be a written document, personally signed by you in the presence of two witnesses. These witnesses must then sign the document while in your presence.

Can I write my own will without an attorney?

While Illinois law allows you to write your own will, doing so without professional guidance can lead to mistakes that may invalidate the document or create disputes among your beneficiaries. An experienced attorney can make sure your will fulfills all legal requirements and accurately reflects your intentions.

How frequently should I update my will?

Review and consider updating your will every three to five years or after major life events like marriage, divorce, the arrival of a child or major changes to your financial circumstances. Regular updates ensure your will continues to reflect your current wishes and circumstances.

Who should I choose as my executor?

Your executor should be someone you fully trust, who is organized, financially responsible and willing to take on the significant responsibilities involved in settling your estate. Consider choosing someone who lives nearby, has good communication skills and understands your values and wishes.

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William S. Wilson

Owner / Founder

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Sandra Schildgen, Esq.

Partner

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Anne Alison Bennett

Attorney Associate

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