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Botto Gilbert Lancaster, PC

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McHenry County, IL Lawyer for Writing Wills

Fox River Grove estate planning attorney

Wills and Trusts Attorney Serving McHenry County

Nothing can be more daunting than facing your future and the future of your family without you. It is understandable that you would rather avoid discussing the last years of your life and your death with your spouse and children. After all, it feels easier to say you will cross that bridge when you come to it. However, once you have children or assets over $1,000,000.00 in total value, discussing your estate plans becomes necessary. There are no guarantees you will be given the time you need to put your affairs in order. It is crucial to avoid procrastinating over having these very important documents prepared.

At Botto Gilbert Lancaster, PC, we understand no one looks forward to creating a will, but you need to do so in order to protect and care for your loved ones. Call us today at 815-338-3838 to schedule a time to discuss your estate plans.

Writing a Will in Illinois

Every state has its own rules regarding the creation of a valid will. If you do not adhere to all of these requirements when you make a will, it is possible the court will not accept it during the probate process or someone in your family could challenge it.

To ensure your last wishes are respected, you must:

  • Be at least 18 years old
  • Be of sound mind and memory, which means you have not been deemed incompetent by a court or physician
  • Put your will in writing
  • Sign your name to your will, or if you are unable to sign, instruct another individual in your presence to sign your name on the document
  • Have your will signed by two or more credible witnesses who are not beneficiaries in your will

Common Questions Regarding Wills

Illinois law surrounding wills is relatively straightforward. However, without any experience in estate planning, the process of making a will can be daunting. Here are some answers to commonly asked questions about wills to help you become more comfortable with the topic:

  • Do I have to have a will? You are not legally required to have a will. However, if you pass away without a valid will, then your money, personal property, and real estate will be divided among your beneficiaries based on Illinois' intestate laws – not based on your preferences.
  • What can I put in a will? In its most basic form, a will divides your money, personal items, and real estate among your family, friends, business partners, and charitable organizations. You can give any of your possessions to whomever you choose.
  • Can I just write it myself at home? Many individuals who attempt to write a will at home fail to create a valid will. It is much more secure to work with attorney to ensure you form a valid will that cannot be challenged after you pass.
  • Can I change my will later? Wills are not set in stone. You can alter and revoke your will at a later date and at any time.

Contact Our Crystal Lake Estate Planning Attorneys for Help Today

When it comes time to create your will, you want to do it right. By working with Botto Gilbert Lancaster, PC, you have an experienced legal team who can guide you through your options and the best way to express your wishes. We can also provide information on other estate planning tools such as trusts that can help provide for your family in the future. Contact us today at 815-338-3838 to schedule a time to discuss your will.

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