The Legal Side of Will Writing in Illinois

 Posted on October 06, 2014 in Estate Planning

Will writing ensures loved ones are financially secure when a person passes. It is not always easy to find the motivation to write a will. It is an emotional experience. However, not taking this step can lead to a multitude of issues ranging from conflict among family members to high estate taxes and even lawsuits.

A will is a document that contains the terms by which a person's assets and money will be distributed after his or her death. Every state has a list of formal requirements that must be followed when a will is written. The Illinois State Bar Association has listed the legal requirements for those who live in Illinois. These requirements include the following:

• Will writers must be at least 18 years old;

• The will must be in writing;

• The will writer must sign the document, along with two legal witnesses; and

• A beneficiary of the will cannot act as a legal witness.

In the will, a person can name reliable people as trustees. After the person's death, these trustees would be called on to handle the person's estate and carry out any requests he or she had made. While the person is alive, he or she can revoke or change the will as many times as necessary. A change in the will is called a "codicil." However, there are strict legal requirements in order to execute a change in a will.

If you need to change or create a will in Illinois, Stock, Carlson & Asso. LLC can help. We can address any of your concerns or questions regarding estate planning and the writing of a will. Our DuPage County estate planning lawyers also offer advice regarding inheritance taxes. We assist clients in Hinsdale, Lombard, Downers Grove, Naperville and DuPage County. To schedule a consultation, please call us at 630-665-2500.