What happens if I die without a will?
  1. If you don't make a will or use some other legal method to transfer your property when you die, state law will determine what happens to
    your property. Generally, it will go to your spouse and children or, if you have neither, to your other closest relatives  If no relatives can be
    found to inherit your property, it will go to the state.  
  2. In addition, in the absence of a Will, a court will determine who will care for your young children and their property if the other parent is
    unavailable or unfit to do so.
  3. If you are part of an unmarried same-sex couple, your surviving partner will not inherit anything unless you live in one of the few states that
    allows registered domestic partners to inherit like spouses: California, Connecticut, Maine, New Jersey, and Vermont. (Illinois coming soon
    06/2011!)
What makes a will legal? Do I need a lawyer to make my Will?

Any adult of sound mind is entitled to make a Will.  Beyond that, there are just a few technical requirements a will must fulfill:

1. The Will must be signed by at least two witnesses. The witnesses must watch you sign the Will, though they don't need to read it. Your
witnesses, in most states, must be people who won't inherit anything under the will.

2. You must date and sign the Will.  You don't have to have your Will notarized, however, if you and your witnesses sign an affidavit, before a
notary public, you can help simplify the court procedures required to prove the validity of the Will after
3. You do not have to record or file your Will with any government agency, although it can be recorded or filed in a few states. Just keep your Will
in a safe, accessible place and be sure the person in charge of winding up your affairs (your executor) knows where it is.

A lawyer does not have to write a Will, and most people do not need a lawyer's help to make a
Basic Will -- one that leaves a home, investments,
and personal items to your loved ones,and, if you have young children, that names a guardian to take care of them.
Illinois Wills Laws. 5/4-1, et seq.

  1. Age of Testator  - Must be 18 years or older and of sound mind and memory
  2. Number of Witnesses Attested in presence of testator  - Two or more credible witnesses (not necessarily in each other's presence).
  3. Nuncupative (Oral Wills) - not valid in Illinois.
  4. Holographic Wills (Handwritten) - not valid in Illinois.
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