What you need to know about preparing a will
The Internet has changed the way that Americans do business. While shopping on-line offers many benefits, it can be risky. This is especially true when it comes to taking care of your legal needs. The Illinois State Bar Association urges extreme caution to those who may consider using legal forms available on-line.
One of the more likely products available for purchase is fill-in-the-blanks will. A will is a document that controls the distribution of a person's property after his or her death. Each state has formal requirements for a will, and if they aren't followed, it could result in the will being declared invalid by the court.
Just because a will is signed does not mean it is valid. In Illinois, a person who creates a will must be 18 years old and of sound mind and memory. The will, which must be put in writing, must be signed by the maker and witnessed in the special manner provided by law. Persons who are beneficiaries under the will cannot serve as witnesses.
When working with an attorney to draw up a will, there are a number of decisions a person must make related to the dispersal of his or her assets. Who will receive the assets from the estate and at what age? Who will be named as guardians of minor children and what are their duties? Should life insurance proceeds be payable to a trustee or executor named in the will or to individuals directly? And who should be named executor of the will?
There are other considerations. Should charitable gifts be indicated? What steps can be taken to avoid paying unnecessary taxes upon the person's death?
Furthermore, the will must be kept up to date. A change in marital status, status of beneficiaries or important changes in assets or other circumstances necessitates updating the will. A will can be changed or even revoked anytime before the death of the maker. To be effective, changes must be in strict accordance with legal requirements.
When meeting with a lawyer for the first time, it is advisable to take with you a list of your assets and the names and addresses of those who should receive them.
Note: This information was prepared as a public service by the Illinois State Bar Association and is a joint project with the Illinois Press Association. Its purpose is to inform citizens of their legal rights and obligations.
© Illinois State Bar Association
If you have questions about the application of the law in a particular case, consult your lawyer. The law is constantly changing. Information on this site or any site to which we link does not constitute legal advice.