DuPage County Will Drafting and Planning Lawyer

Attorneys to Help You Create a Last Will and Testament in Wheaton and Glen Ellyn

Death is usually an unpleasant idea, and many people would prefer not to think about the fact that their life will eventually end. However, making plans for this eventuality can help your family members and loved ones avoid stress, confusion, and uncertainty as they tend to your final affairs. When creating an estate plan, your will should be one of the first areas of concern, since it will provide instructions for how you would like many different issues to be addressed following your death.

At NN Legal Group, our attorneys can make sure you meet all legal requirements to create a valid will, and we will also advise you on whether other estate planning tools can benefit you and your family. With more than a decade of legal experience, Attorney Nicolas Nelson can provide the guidance you need, ensure that you understand your rights and requirements during the estate planning process, and help you make informed decisions about how you can best prepare for the future.

Creating a Last Will and Testament

Your last will and testament serves as your final instructions for how you want your affairs to be handled after you are gone. It will name an executor who will file your will in probate court and make sure all issues related to your estate are addressed properly. The decisions in your will typically fall into two categories:

1. Distribution of assets - You can decide who will assume ownership of all of the property and assets you own, such as your house, vehicles, and other physical possessions, as well as financial accounts or business interests. While beneficiaries will usually include family members or other loved ones, you may also choose to donate certain assets to charity or use them to further interests or causes you believe in. You may also specify that certain assets will be used to address your funeral and burial expenses while outlining your wishes for the disposal of your remains.
2. Guardianship - You can nominate a person who you would like to serve as the guardian of your minor children. This person will take on a parental role by providing the care and support your children need until they reach adulthood. When choosing a guardian, you will want to be sure it is someone you trust who will have the resources to provide for your children, and it is also a good idea to speak to them to verify that they will be willing to act in this capacity.

Your will must be in writing, and it will become legally valid when you sign it before two witnesses, who will also sign the document. If you later change your mind about some or all of the decisions you made, you can revoke your will by physically destroying it, or you can update it by creating amendments known as "codicils," which must also be signed in the presence of two witnesses. You can also create a new will that states that the previous will is invalid or contains terms that contradict the previous will, and as long as it was executed correctly, the will that was created at a later date will override the prior document.

What Happens if I Die Without Creating a Will?

If you have no valid will at the time of your death, this is known as "dying intestate." In these cases, a personal representative will be nominated in probate court to oversee the distribution of your estate according to Illinois' intestacy laws, and a suitable person will be nominated as the guardian of your minor children. If you are married, your spouse will inherit half of your estate, and the other half will be divided equally among your children or descendants. If you do not have a spouse or any descendants, your assets will be inherited by other family members, such as your parents, siblings, or other more distant relatives. If you have no living relatives, the state of Illinois will assume ownership of your assets.

Contact a Villa Park Last Will and Testament Attorney

When you are creating your will, NN Legal Group will help you understand the best ways to make sure your wishes will be followed. We will work with you to draft your will and other estate planning documents, providing you with the assurance that your affairs will be handled correctly after you are gone. Schedule a free consultation today by contacting us at 630-474-0925. We assist with estate planning and other legal concerns in Glen Ellyn, Glendale Heights, Villa Park, Carol Stream, Wheaton, Bloomingdale, Addison, Lombard, and DuPage County. Hablamos Español.