It could feel overwhelming to think about a will in Chicago. But everyone in Chicago can make a will. Shockingly, only approximately 32% of Americans have a will. This means that about two-thirds of people haven’t written down what they want. If something happens, your loved ones might not know who should get your house, your savings, or who should take care of your kids.
We’ll talk about why you need a will, give you easy steps to make one, and tell you where to go for support. In the end, you’ll understand that it’s all about giving your family peace of mind and legal certainty.
Why You Need a Will in Chicago
Nobody likes to think about death, but having a will is one of the kindest things you can do for your family. Here’s why:
- You Decide Who Gets What: If you don’t have a will, Illinois intestacy laws take over. The state decides who gets your things when you die. For instance, if you are married and have kids, Illinois law says that your spouse gets half and your kids get the other half. If you’re unmarried and have parents, they will get your things. The regulations might not be what you want. You can choose who receives Grandma’s vase, your money, or any other family heirlooms with a will.
- Guardians for Kids: If you have kids under 18, you should name a guardian for them in your will. A Chicago court will choose someone for you if you don’t have a will, and that person might not be the one you want. You can declare in your will, “If I can’t take care of my kids, this person will.”
- Avoid Family Disputes: Families often have painful fights when someone dies without explicit instructions. A well-written will makes things less confusing. It shows everyone what you desired, which cuts down on arguments over the house, the bank account, or who gets to retain the family pet.
- Quicker, Cheaper Probate: Most estates go through probate, which is the legal procedure of settling your estate, even if you have a will. But a clear will usually makes that process go more smoothly and quickly, which can save you thousands of dollars in court costs and legal fees. Under Illinois law, not having a will often entails a longer and more expensive probate.
- Peace of Mind: You can sleep better just by having a will. You know that your wishes are written down. Your family won’t have to guess what you wanted because you told them.
40% of persons who don’t have a will believe they don’t have enough money to leave anything to anyone. That’s a frequent misconception. Wills actually include a lot of things, such as naming an executor (the person who carries out your plan), giving away personal property (like your golf bag or car), and carrying out other requests (like giving to charity). You don’t have to possess a mansion to benefit from a will. If you own a home, have kids, or even just some savings, a will is important.
How to Make a Will in Chicago: Step-by-Step
Making a will might sound like a lot of work, but it can be broken down into simple steps. Here’s a checklist:
- 1. List Your Stuff and People: Write down all of your key assets (house, automobiles, bank accounts, life insurance, retirement accounts, and personal treasures) and debts. Also, make a list of your family, friends, or charities that you would wish to include. This helps you see the whole picture.
- 2. Decide Who Gets What: Look over your list of assets and choose who should get each one. You can be precise, like “My savings account goes to my daughter,” or general, like “Give everything to my two kids equally.” Don’t forget about sentimental stuff like furniture, photos, and collections.
- 3. Pick an Executor: This is the individual who will follow your will’s directions. In most cases, that person is a responsible adult you trust, like a spouse, adult child, or close friend. You can also name a different executor.
- 4. Name Guardians for Minors: If you have kids under 18, pick a guardian (and maybe a backup). This person would take care of your kids if both parents died. Courts look at your will first, so naming a guardian allows you choose who that person should be.
- 5. Consider Other Wishes: A will can also include things that aren’t money, including how you want your pets to be cared for or how you want your funeral to go (burial or cremation). Keep in mind that wills are made public during probate, so very sensitive information may not be the greatest thing to provide here.
- 6. Get It Written: Now it’s time to actually put your will into a document. You have options:
- Online or DIY: There are online services where you fill in blanks. This might work for a very simple case, like when one person leaves everything to another.
- Lawyer: It’s a good idea for most families to see a lawyer. A will preparation attorney or estate planning attorney in Chicago can make sure that your will is legal in Illinois. They will utilize straightforward terminology and catch any problems that would be hard to understand, including blended families or particular assets. It costs more to hire a lawyer up front, but it can help you avoid mistakes.
- 7. Signing, Witnesses, and Notary: In Illinois, you have to sign your will in front of at least two people who are not going to get anything from it. Those two will also put their names on it. A will doesn’t need to be notarized in Illinois to be legitimate, but getting it notarized (making it a “self-proving will”) might speed up the probate process because the court won’t have to find the witnesses later.
- 8. Store Your Will Safely: Put the original signed will in a safe place, like a fireproof house safe, a safe deposit box, or your lawyer’s office. Be careful to let your executor know where it is and how to get to it. It’s like they will never exist if no one can discover them.
Where to Get Wills Done: You have options. Finding a local estate planning lawyer or law firm is a simple way to go about it. There are a lot of lawyers in Chicago who focus on wills and trusts. You might also go to a will clinic. Some libraries and NGOs have free estate planning days. There are also online services like Rocket Lawyer and LegalZoom, which are great if your case is relatively simple. You can find local lawyers by searching for “estate planning Chicago” or “wills and trusts lawyer in Chicago” on Google. The most important thing is to choose someone who knows Illinois law and can help you.
Wills, Trusts, and Other Estate Documents
A will is a big piece, but it’s part of a larger estate planning puzzle. Here are some other documents you might consider:
- Revocable Living Trust: This is like a box that you place your things in now. You have power over it while you’re alive. A successor trustee takes care of or distributes those assets outside of probate when you die or become unable to do so. A Chicago wills and trusts lawyer can assist you in setting this up in Chicago. Trusts can speed things along for your heirs and keep things private (probate records are public).
- Irrevocable Trust: Not as frequent for most families. When you deposit assets here, they are usually locked up. People utilize them to plan for taxes or long-term care.
- Power of Attorney (POA): This instrument enables you to choose someone (an agent) to take care of your money and legal matters if you can’t. For instance, paying bills, keeping track of investments, or selling a house. In Chicago, anyone who is 18 or older can be a POA. Make it last (so it works even if you get hurt).
- Advance Healthcare Directive (Living Will): This tells doctors what you want them to do with your medical care if you can’t talk (like when you’re on life support). You can also choose a healthcare agent (medical power of attorney) to make choices for you.
- Living Will (Illinois): In Illinois, the healthcare directive is called a “Declaration for Mental Health Treatment,” and a living will is called a “Declaration for Mental Health Treatment.” It’s also an aspect of estate planning in Chicago.
These wills and other legal papers all operate together. A will and trust take care of your estate when you die, while a POA and healthcare directive take care of you while you’re alive but unable to make decisions. When you talk to a professional, they often put these together. For instance, a lawyer might ask you if you want a durable POA and healthcare directive to go with your will. It’s usually best to do those things at the same time.
Special Situations: Divorce, Kids, and Major Life Changes
Your will isn’t “set it and forget it.” Anytime your life changes, you should revisit it:
- After a Divorce or Remarriage: A lot of individuals think that divorce automatically voids their ex’s will, but it’s best not to take that chance. Change who gets your money and who will be in charge of it. You could want to add (or not include) your new spouse if you get married again.
- When You Have Children: If you have a baby or adopt one, you need to change your will to name guardians and include the kids. You could add a backup guardian even if your spouse is already one.
- Significant Purchases or Gifts: Did you buy a property, a business, or get a huge inheritance? You need to include those. Also, if you sell anything or close down a business, you need to change your will to take it out.
- Health Changes: If your health changes, you might need to change your plans, including giving new agents for healthcare or finances.
- Moving or New Laws: The rules change when you move out of Illinois. Illinois also changes its estate laws from time to time. Check in with a lawyer every few years to be sure your papers are up to date.
One component of estate planning in Chicago is keeping up with changes. Check your will every three to five years or after a big event in your life.
Probate and Illinois Inheritance Laws
Let’s say you pass away and the dust settles. What actually happens with your stuff?
In most cases, your estate goes through probate court. Here’s the rundown, Chicago style:
- Filing the Will: The executor you named in your will takes it to the Cook County (or other appropriate county) probate court. The judge makes sure it is valid by checking that it was signed appropriately and had witnesses.
- Inventory and Notification: The executor collects all of the assets and tells the heirs and possible creditors about them. They could put up signs or send letters. Creditors have a certain amount of time to file claims.
- Paying Debts and Taxes: The estate must first pay off any bills (such as credit cards and final costs) and taxes that are owed. Heirs only get assets after that.
- Distributing Assets: Finally, the rest of the assets are given out according to your wishes. If there isn’t a will, Illinois intestacy law takes over. In most cases, that means your spouse and kids get the money first. If you were single and didn’t have kids, your parents or siblings might help. If you don’t have any relatives, the authorities could potentially take your property.
- Probate Timeframe: It varies, but probate in Illinois often takes 9-12 months or more, especially if the estate is contested. A will generally help speed it up.
Probate still happens even if there is no will; the state only decides how to divide things. And it can be hard and public (anyone can examine probate paperwork). It can be easier to write a will and set up trusts when necessary. For instance, property under a revocable trust doesn’t have to go through probate at all. Some life insurance payouts or accounts that are owned by more than one person go directly to the people who are identified as beneficiaries or co-owners.
In the US, courts handle more than a million probate cases each year, which is bad news for families because it costs them money and time. You can keep your family from being one of those cases by organizing a trip to Chicago.
Take Action: Secure Your Family’s Future
If you’re in Illinois and want to get your life in order, you might want to talk to a caring professional. Ben is a lawyer in the area who knows how to deal with life’s surprises. You need someone who really cares if you have a query regarding estate planning, a family trust, or even a legal problem with a new home, business, or remodel. Ben listens, gives you advice that is specific to you, and makes the paperwork simple.
Don’t let chance or the law decide your family’s future. You can reach Ben at (847) 447-6004 or go to his office in the Chicago area. He’ll help you with wills, trusts, and everything else in between. Your loved ones will be grateful that you have a clear, loving strategy in place so that everyone may move forward with confidence.
FAQs
No, Illinois law doesn’t require an attorney. You can write a handwritten will or use a fill-in-the-blank form. But the rules are strict: it must be signed by you and witnessed by two adults who aren’t inheriting. Mistakes are common with DIY wills, so many people find it safer to have a will planning attorney review it. An attorney ensures it’s clear and legally solid, which is especially helpful if you have multiple assets or complex family situations.
Lots of places! Many folks head to a local law firm (just search for “estate planning attorney Chicago” or “wills lawyer near me”). Chicago also has free legal clinics and elder law centers that offer affordable wills. There are online services too, if your case is simple. If you want personalized advice, an in-person wills and trusts lawyer in Chicago (like the ones we trust) is a great choice. For example, Ben (see below) offers honest, caring help without high-pressure sales.
Costs vary. Online wills can be under $100. A basic lawyer-drafted will might be several hundred dollars (often a flat fee). If you add a trust or powers of attorney, the price goes up. Think of it this way: spending a few hundred dollars on a will is like insurance for your family’s future. Compare that to the potentially $10,000+ your family might pay in attorney fees, court costs, and delays if there’s no will or a contested will.
Illinois law steps in. The court will appoint someone (usually a close relative) to be the executor and distribute your estate according to state formulas. Your assets might end up with people you didn’t intend, and it could become a long, messy probate. Basically, you lose control – and the state makes decisions you’d rather make yourself.
Those are different from a “last will.” A living will (advance directive) says what medical treatments you want if you’re incapacitated. A power of attorney lets someone manage your finances or healthcare while you’re alive but not able to decide. They do not replace your will; they cover you before you pass away. For example, appointing a medical power of attorney ensures someone can make healthcare calls if you’re in a coma. Your last will only kicks in after death, for distributing assets. Both are important parts of an estate plan.
Why Choose 23 Legal
23 Legal offers Real Estate and Estate Planning legal services to individuals, families, community associations and small business owners throughout Chicagoland. We know how intimidating “the law” can be. In fact, when most people think of law offices, they think of stuffy leather chairs, huge wooden desks and pompous lawyers who charge outrageous fees. That’s not us! We believe in 1-to-1; the same lawyer should work with you all the way through. Whether you have an estate planning issue, family trust concern, or you have a legal problem in regard to a new home, business, real estate or remodel, you need a lawyer who cares. That’s where Ben comes in! We are great listeners; more than that, we are lawyers who believe that our clients always come first.
