A GENERALLY CIVIL LAW PRACTICE

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In order to be valid, a Will in Illinois MUST AT LEAST:
  • be in writing,
  • be signed by the maker and witnessed by two people; and,
  • the maker must be 18 or older and of "sound mind & memory"

EVERYMAN'S WILL

Even if you never sign a written will or if your Will is somehow invalid, Our State laws provide one for you. It isn't pretty; it isn't flexible and it might not be what you want; but at least it helps courts and surviving families determine who inherits what. A generalized chart of the Laws of Intestacy is available at the bottom of this page.
WHAT'S INCLUDED?
You Will is a declaration that controls the disposition of your property at death. BUT, not necessarily all of your property. Certain assets may pass in other ways, such as:
  • Assets owned in with others as "Joint Tenants" (typically real estate and bank accounts)
  • Assets that have "death beneficiary" clauses, (like Life insurance policies and/or Retirement Accounts)
  • "Life Estates" (usually in the context of trusts or real estate).
Illinois Rules of Intestacy (somewhat simplified)
if there is
a surviving spouse and no kids he/she gets everything
a surviving spouse and kids spouse gets
the kid(s)
half
split the rest
no surviving spouse but there are kids they get everything
no kids or spouse but there is a parent, brother, sister or descendant of a brother or site they get equal shares (except that a sole surviving parent gets a double share)
 no surviving spouse, descendant, parent, brother, sister or descendant of a brother or sister  but there is a grandparent or descendant of a grandparent of the decedent: they get 1/2 to the maternal grandparents (or their side of the family) and
1/2 to the paternal grandparents (or their side of the family)
no surviving maternal (paternal) grandparent or descendant of a grandparent of the decedent:  but there is a surviving paternal (maternal) grandparent or descendant of a grandparent of the decedent:  the surviving side gets everything
 no surviving grandparent or descendant of a grandparent of the decedent: but there is a surviving great - grandparent or descendant of a great - grandparent of the decedent:  they get  1/2 to the great grandparents (or their side of the family) and
1/2 to the paternal great grandparents (or their side of the family)
 no surviving great - grandparent or descendant of a great - grandparent of the decedent: but there is other identifiable nearest kin they get everything
no identifiable nearest kin    THE STATE and/or COUNTY GETS everything

PLEASE NOTE: Under our Supreme Court's Rules of Professional Conduct, these pages might be considered a form of legal advertisement.

Just as important, please bear in mind that the information provided here is not specific legal advice, and you really shouldn't act on anything on this site without seeking professional counsel. While I hope that you do hire me to work for you, merely visiting this web site, or sending me an email should not (and will not) of itself create an attorney-client relationship between us. No one should hire a lawyer based on a visit to a web site or solely on some other form of advertisement. If and when you want to hire me as your lawyer, and if and when I agree to take on your case, we will sign a proper contract or I will give you some other type of written confirmation that we are attorney and client. Until then, please look around, enjoy yourself, and when you are ready, give me a call or drop me an e-mail .

email CONTACT ME AT::
221 North LaSalle Street, Suite 2040 , Chicago, IL 60601
Voice: 312.726.1512
Fax: 312.873.4043
Email: Mwass@wasserlaw.net

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Material Copyright © 2000, 2001, 2002 Michael H. Wasserman