Creating a will is one of the most important steps you can take to protect your loved ones and ensure your wishes are honored. Without a valid will, the distribution of your property may be left to Illinois’ intestacy laws, which might not reflect your preferences. This can lead to unnecessary stress, confusion, and conflict among family members, particularly during an already emotionally charged time.
Working with a will attorney provides peace of mind that your instructions will be carried out correctly. An attorney can help you identify potential risks, address complex family or financial issues, and make sure your will aligns with other elements of your estate plan. Professional legal guidance helps prevent drafting errors, invalid clauses, and future disputes over interpretation.
At Berardi and Associates, we have helped clients across Illinois, including the greater Chicago area, draft wills that are legally sound and clearly written. With decades of combined experience in estate law, our team offers trusted guidance, responsive communication, and a local approach that reflects your values and goals.
Understanding Wills in Illinois
A will, sometimes called a “last will and testament,” is a legal document that outlines how your property should be distributed after your death. It also allows you to name guardians for minor children, specify personal representatives (executors), and leave instructions for individual items or charitable gifts. Without a will, the court decides these matters in accordance with Illinois law.
Key Elements of a Valid Will
For a will to be valid in Illinois, it must meet specific legal requirements. The person creating the will must be at least 18 years old and of sound mind. The will must be written, signed by the testator, and witnessed by two credible adults who are not named as beneficiaries.
Failing to meet these requirements may lead to the will being challenged or invalidated. Working with a will attorney ensures that your document is drafted correctly and will stand up in probate court if challenged.
Customizing Your Will
No two families are alike, and your will should reflect your specific circumstances. We assist clients with:
- Naming guardians for minor children
- Choosing responsible executors
- Distributing real estate, vehicles, financial accounts, and personal property
- Making charitable bequests
- Planning for blended families or estranged relatives
We also help integrate your will with any existing trusts, advance directives, or powers of attorney to ensure your estate plan functions as a whole. Learn more about our full range of estate planning services on our website.
Updating Your Will
Life changes often require updates to your will. If you’ve experienced a significant event such as marriage, divorce, the birth of a child, or the purchase of property, we recommend reviewing your documents. We offer ongoing support to keep your estate plan current and aligned with your evolving goals.
Wills and Other Planning Tools
While a will is essential, it’s not the only tool available. Some clients benefit from using both wills and trusts to address specific goals such as avoiding probate or managing assets for minor children or individuals with disabilities. As part of our estate planning services, we assess your comprehensive financial situation and recommend the most effective strategies tailored to your needs.
Frequently Asked Questions
What happens if I die without a will in Illinois?
If you pass away without a will, Illinois law determines how your assets are distributed through a process called intestate succession. This may not reflect your wishes and can complicate the process for your family.
Can I write my own will without a lawyer?
Although legally possible, writing your own will increases the risk of errors or invalid provisions. A will lawyer ensures the document is enforceable and structured correctly in Illinois law.
How often should I update my will?
You should review and update your will whenever there is a significant change in your life, such as marriage, divorce, the birth of a child, or the acquisition of property.
Is a handwritten will valid in the state of Illinois?
Handwritten wills are not recognized in Illinois unless they meet all the requirements of a standard typed will, including proper witnessing by two adults.
Plan with Confidence
Estate planning often begins with a straightforward question: What will happen to my family and my assets if I am no longer here? Without a will, the answer may be left to a court process that does not reflect your intentions.
At Berardi and Associates, we understand the importance of implementing the proper legal protections. Our team is dedicated to helping clients throughout Illinois create valid and effective wills that bring peace of mind.
To speak with a will attorney, contact us today or visit our homepage to learn more about how we assist Illinois families in securing their future.