Frank Stepnowski Law, PC

A will is a written document in which you direct what will happen to property you alone own after your death (called your estate). It names the persons whom you wish to benefit or protect (called beneficiaries), and designates someone (called an executor) to carry out your directions as to the distribution of your property. To make a valid will, Illinois law requires that: you must be at least 18 years old you must be of sound mind and memory the will must be in writing the will must be signed by you and witnessed by two or more people who sign as required by law if you do not meet these requirements, your will not be valid and the result will be the same as if you had no will. The executor does not have to be an Illinois resident, but it will be easier if the executor is an Illinois resident. The witnesses should not be related to you and should not be beneficiaries or a spouse of a beneficiary. If your will disposes of real estate in another state, there will be requirements of that state that must also be met. It is not safe to use a form or copy of someone else’s will. It is very unlikely that your circumstances and relationships will be the same as those of your neighbor.

If you do not have a will, the law requires that any property you own alone is distributed according to very strict rules that may be different from what you want to happen with your property after you die. In general, if you die without a will, your spouse is still alive, and you have no children, then your spouse will get your entire estate. If your spouse is alive and you have one child or other descendent (such as a grandchild or great-grandchild), then your spouse will get ½ of your estate and your child or other descendent will get ½ of your estate. If you leave a spouse and more than one child or other descendent, then your spouse will get ½ of your estate and your child or other descendents will get equal portions of the rest of your estate. If you leave no spouse, then your estate will go to your children or descendents in equal portions. If you leave no spouse and no children or other descendants, your estate will be divided among your parents and brothers and sisters and, if a brother or sister is dead, to his or her children or other descendents. There is a special need for a will if you have children under the age of 18. A guardian should be named who will take care of them after you are dead and make sure that any property they inherit is protected until they reach 18. For example: Charles and Ruth had an only child (age 5) named Jane. Charles died without a will. Both Ruth and Jane survived Charles. Ruth received ½ of his estate and Jane received ½. Until Ruth went to court to have herself named as Jane’s guardian, she could not use Jane’s share for the child’s support or education. Even then, she was strictly limited by the law in what she could do with Jane’s inheritance. The failure to make a will can often mean hardship and added expense for your immediate family, and may benefit some relative you may not even know. The law leaves you free (unless you have contracted otherwise) to give away your property by will in whatever way you wish, except that your spouse can renounce your will and receive ½ of your estate if you leave no descendant and 1/3 if you leave one or more descendants.