Wills

A last will and testament is a good start for most estate plans. If you are new to Illinois or to the planning process, you probably want to start with this basic, powerful instrument. However, wills are usually only one small aspect of a comprehensive estate plan.

Your family is unique. So is your vision for the future. Your estate plan should be unique, too. Call Oak Brook Legal Attorneys at Law at (630) 325-5557 to schedule a consultation. If you are not quite ready to take the first step, please read on about wills and our related services.

Dying Without a Will

If you die without a last will and testament, your personal property is subject to intestacy laws. The result would be each of your living relatives having a claim to your assets in a prescribed order. If you survive everyone who is related to you by blood or marriage, then Illinois would take ownership of your property. You would have much more control with a will.

Illinois Wills

Wills are subject to various rules and have various powers. Here are some of the most important:

• You need two people to witness you signing your will, and they must sign while you witness.
• Your will does not require notarization.
• Your will does not require a self-proving affidavit (a statement that validates the will without contacting witnesses).
• You can name people or organizations to receive your property
• You can name a person to care for and/or manage property for minor children.
• You can name an executor to exercise the terms of your will.

Our office advises on what to include in a will, how to word it and even where to sign. All of these factors could increase the validity.

The good news is that the court tends to favor wills when people attempt to contest them in probate court. As long as there are no major risk factors — as long as you are of sound mind, free of undue influence and not the victim of fraud, for example — the terms of a consistently updated will and testament have a good chance to stand the test of time.

Comprehensive Services

Our firm works with wills of all kinds, including as they intersect with injury law, corporate law, estate planning and more. Here are some examples of the services we provide:

• Analysis: We analyze wills from previous generations in the context of applicable historical law, and apply interpretations to contemporary estate planning, corporate law and real estate issues.
• Changes: We advise on whether proposed changes should introduce a new will or modify your current one via a codicil.
• Revocations: We draft documents or receive communications that negate older versions of your will.
• Divorces and marriages: We advise on will changes after people exit or enter your family.
• Maintenance: We establish schedules and milestone events designed to efficiently and adequately update your will.
• Integration: We review your estate plan to inform the drafting of a new will or develop an estate plan based on your current will.
• Communication: After understanding your situation, we advise on which points you may want to disclose to those you name in your will.

Our attorneys are approachable, professional and efficient — and highly knowledgeable about all aspects of estate planning. To schedule a consultation, please call (630) 325-5557.