Hoffman Estates Wills Attorney

Although thinking about the end of your life is not always pleasant, it is necessary at times, especially for those who want to ensure that their loved ones are provided for after their death. A will can help accomplish this goal and may even save you significant time and money during the probate process. To make sure that you and your family take advantage of these and other estate planning benefits, please contact an experienced Hoffman Estates wills attorney for advice about your next steps. 

What is a Will?

Wills are documents in which testators (the person making the will) can set forth what they want to have happen to their probate property after death. This could include bequeathing certain types of property to specific heirs, friends, trusts, or charitable organizations, as well as naming someone to act as the estate’s executor or a guardian for any minor children. However, in order to be considered valid, wills must meet a series of formal legal requirements. Those who fail to comply with these rules could end up having the entire document thrown out, in which case, their estate would be distributed according to the state’s rules of intestacy, which do not take a testator’s personal preferences into consideration. A knowledgeable Hoffman Estates wills attorney can help ensure your will meets all legal requirements for Illinois.

Making a Will

To be valid in Illinois, a will must be written and then signed by the testator. This signing must also be witnessed and signed by two parties who have no interest in the terms of the will. Aside from having to abide by these formal requirements, a person is also only allowed to create a will if they are at least 18 years old, of sound mind, and not the victim of undue influence. As long as these requirements are met, a person’s will should escape the probate process without opposition, unless someone contests it as being the result of fraud, duress, or for otherwise failing to adhere to the law’s requirements. 

Changing a Will

Once created, a will remains in place until it is revoked or changed. Fortunately, the process of changing a will is not that complicated. In fact, testators who wish to change only a portion of their wills do not need to throw out the entire document, but can use something known as a codicil to amend it. Furthermore, no formal steps need to be taken to revoke a will if a person wants to draft an entirely new document, as the creation of a new will is considered indicative of the revocation of the other testamentary document. Otherwise, a testator can revoke a will by tearing, canceling, or destroying it or by executing another writing attesting to the revocation. 

Call Today for Help Drafting Your Own Will

If you are thinking about starting the estate planning process, you should have the advice of an experienced attorney. Please call Andrea Heckman Law today to schedule an initial consultation with a dedicated and compassionate Hoffman Estates wills attorney about your options going forward.