Wills, Trusts, Estate Document Preparation.

Estates, Trusts &
Wills

The following information is public information obtained from the Cook County Clerks Website.

What happens if I die without a will?

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.

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. 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.

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 you die.

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.

Creating a basic Will rarely involves complicated legal rules, and most people can
create their own will with the aid of a good software program or book.

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
____________________
4. Holographic Wills
(Handwritten) - NOT
valid