With over 19 years of legal experience, Illinois will attorney Ryan Hejmanowski helps create affordable wills and estate plans for clients with estates of all sizes. He offers a free consultation so that clients can learn about the firm’s services, and fixed fees depending upon estate complexity.
All adults should have a will. Without a will, Illinois intestate law will determine who inherits the assets of a decedent.
Even for those with modest estates, problems can arise. Those left behind may fight over sentimental items, such as family heirlooms or other special assets. Fighting or bitter feelings may result. The disposition of assets that are not subject to division – such as a house – will need to be determined. In some cases, the lack of an asset distribution plan in a will results in litigation and unnecessary legal fees.
As an Illinois will attorney with over 19 years of legal experience, I have helped many clients through the process of creating an estate plan that reflects their wishes concerning the distribution of their estate. In some cases, I help clients finalize their asset distribution wishes through wills, and also through the use of trusts and other testamentary transfer mechanisms. As an estate planning attorney, my focus is on helping clients create effective estate plans designed to best accomplish their distribution objectives in the most cost-effective way possible.
I also help clients protect their assets and wishes during life, to avoid a guardianship should they suffer a severe medical event, and to ensure that their wishes are followed if they should be in a terminal condition.
If you are in need of a will lawyer and estate planning attorney, I invite you to call me today for a free consultation and learn how I can help you create an affordable estate plan, customized for your needs and wishes.
All adults (those age 18 and older) should have a will, even if their estate is modest.
Yes. Even if most of a person’s property has been conveyed to a trust (such as an irrevocable trust), almost everyone will die with assets that are not held in a trust. Such other assets can include cash on hand, clothing, furniture, and even potentially legal rights in a lawsuit.
For most people, the cost of a properly prepared will is modest compared to the expense of probate disputes. In Illinois, contested estates can take years to resolve and may cost tens of thousands of dollars in legal fees. In contrast, a fixed-fee will package is affordable and provides a degree of certainty.
In addition, as a Will County will lawyer, I can ensure that your will coordinates with other estate planning tools. For example, your retirement accounts or life insurance policies may pass directly to named beneficiaries, even if your will says otherwise. Without legal advice, individuals often overlook this coordination, leading to unintended distributions.
Finally, I can advise whether your circumstances make a trust more appropriate than having only a will. For many families, a trust is a more efficient way to transfer assets, but even in those cases, a “pour-over” will is still needed to capture property not titled in the trust. I can make sure that nothing is overlooked.
The best person to draw up a will is a licensed Illinois attorney who focuses on estate planning. While online forms and templates exist, they often fail to account for the requirements of Illinois law. For example, some generic documents are drafted for other states and do not comply with the Illinois Probate Act’s witness provisions or revocation rules2. Additionally, they do not take into account whether a trust would be beneficial, or how assets can be distributed through other mechanisms outside of a will.
Beyond meeting legal standards, will templates are often inadequate for the complex family structures that may exist. For example, if you have children from a prior marriage, own property in multiple states, or want to leave assets to a non-family member, a lawyer can draft language that prevents disputes and ensures that your wishes are fulfilled. Many contested probate cases in Illinois arise because a decedent tried to write a will without understanding the consequences.
When disputes and litigation result, huge expenses typically arise, often significantly depleting the assets of an estate (as well as costing beneficiaries significant amounts in legal fees). For the relatively nominal amount to prepare a will and estate plan, litigation can almost always be avoided.
Working with an experienced will attorney also provides peace of mind for your family. When your loved ones know that your will was prepared by a professional, they are less likely to challenge it in court. If you want to make sure your family avoids unnecessary stress, call 708-279-4050 to schedule your free consultation.
The cost of a will varies depending on the complexity of the estate and whether additional documents, such as powers of attorney or living wills, are included. At RNH Law, I prepare wills and estate plans on a fixed-fee basis. This allows you to know the cost upfront and avoids surprise bills.
For individuals with straightforward estates, the cost of a simple will is often far less than families expect. More complex plans that involve blended families, business ownership, or large estates require additional drafting, but they are still manageable compared to the potential cost of litigation.
I offer free consultations so that you can learn what type of plan you need and what it will cost before committing.
There are many problems that occur if a family member (such as an elderly parent) tries to tell children which assets they should inherit. For instance, not all children may be present to hear the parent’s wishes concerning the inheritance of specific items. Memories of the children may fade, or they simply may not remember who is supposed to receive specific items. Specific assets may be sold and not replaced, leaving one child at a disadvantage.
Assets may also change. What happens if the parent said that a 20-year-old, virtually worthless car was to go to a specific child, and then the parent sold that car and bought a new very expensive car. Should the same child receive the new expensive car?
Additionally, there are certain items that individuals desire to pass to specific family members; however, this may not occur if an estate representative distributes property. IF there is no will or trust, a personal representative of an estate is required under law to divide assets in equal amounts based upon Fair Market Value. Fair market value does not take into account sentimental value. It may very well be that a child would rather receive certain items of high sentimental value (but which have little fair market value) rather than a higher fair market value asset.
A pour-over will is a will that contains provisions that whatever assets are owned by a decedent that are not subject to other distribution mechanisms (such as assets owned in joint tenancy with a right of survivorship or in pay-on-death accounts) are transferred (or “poured over”) to the decedent’s trust. When this happens, all assets are then managed and distributed in accordance with the trust.
Without a properly executed will, the Illinois Probate Act of 1975 determines who inherits, often with results that do not reflect an individual’s wishes1[RH1.1].
If you die without a will, you are considered to have died “intestate.” In that case, the Illinois Probate Act directs how the assets owned by you are distributed6. (Please note – for purposes of estate transfer, assets in a trust – such as a revocable trust – are not considered to be owned by the decedent. As a result, such assets are transferred by the terms of the trust, even if a person dies without a will).
Property typically passes to a spouse and/or children. If you have no spouse or children, it may go to parents, siblings, or other relatives. If no relatives can be located, the estate eventually passes to the State of Illinois.
The results of intestacy often conflict with what the decedent would have wanted. For example, an unmarried partner (if there is no civil union), stepchildren, or close friends receive nothing under the statute. If you want to make sure your property goes to the people you choose, it is essential to have a will in place.
You can avoid these outcomes by working with an Illinois last will and testament attorney. Call 708-279-4050 today to schedule your free consultation.
Please note – if you die without a will but have most of your assets in a trust, the terms of the trust will govern the transfer of assets in the trust, even if there is no will.
In most cases, a family member will serve as the estate administrator. In these cases, the estate administrator can be put in a position of conflict – they may be entitled to an equal share of a parent’s estate, and they may also want the same items of sentimental value as their brothers or sisters.
The estate administrator is thus put in an almost unwinnable position: Should they give these assets to themselves or to other family members?
With a will, these difficult decisions – and the conflict and hard feelings that can result – can be avoided.
A will may be declared invalid if it does not comply with Illinois law or if it is challenged successfully in court. Common reasons include:
Even small errors in execution can create grounds for litigation. For example, if a witness is also a beneficiary, their inheritance may be reduced or eliminated under Illinois law5[RH3.1]. A will attorney ensures that all statutory requirements are followed so that your wishes are respected.
If a will is deemed invalid because the requisite formalities were not followed (such as there were not two witnesses to the will) or because of another issue (such as the testator was not legally competent to make a will), Illinois law will consider that the person died intestate (in other words, without a will). Illinois law will then completely disregard any terms and wishes expressed in the invalid will.
The Illinois Probate Act of 1975 sets forth how property is to be distributed if a person dies in Illinois without a will. The general order of people entitled to inherit include:
The intestate laws can be somewhat complex and will depend upon what blood relatives survive the decedent, including any spouse. Here are a few simple examples of how property will be divided:
No. If a purported video will is the only form of a will that has been left, the decedent will be deemed to have died intestate, and Illinois intestate laws will govern the distribution of assets (which may go against the clear wishes that may have been expressed in the video).
Many clients don’t know how to divide assets that are not capable of division among intended beneficiaries, which are often their children. Such assets often include:
I help clients understand different options and solutions.
For example, a house may be sold and the proceeds divided among the children, or the house may be given to one child with a reduction in other assets equal to the value of the house. A vacation home may be transferred into a trust for the benefit of future generations, with documentation created concerning how the home may be shared. Either of these same plans may also be used to transfer vehicles. Items with sentimental value should be specified in a will or trust as to who will inherit those items.
If two of your three children don’t live in the same state where you live, they may have no interest in inheriting your house, while the third child who still lives in your town may have a strong interest. Your children may have different interests in inheriting sentimental items. If you wish to divide up your assets fairly among your children, a great starting point is to find out their wishes, as this will often make distribution decisions easier.
Many people postpone the asset planning process because they don’t want to think about life’s eventualities or because they are not sure who should inherit their assets when they are gone.
I understand. Both are common concerns.
If you are searching for the best Illinois will lawyer for your estate plan, it is important to find an attorney who not only prepares documents but also takes the time to understand your family’s unique situation. I offer free consultations so that you can discuss your goals and learn how I can help at no cost before moving forward.
What Types of Wills Are Available in Illinois?
Each type of will has unique features. When we meet, I can explain which type is right for your circumstances and why.
All adults should have a will. Whether a trust is helpful depends on a person’s circumstances and objectives. Wills are simpler and less costly to draft, but they must go through probate, which is time-consuming and public. Trusts can transfer property privately and avoid probate, but they require more upfront planning.
For many families, the best solution is to use both. A trust can manage the bulk of the estate while a will provides a safety net for any property not included in the trust. An experienced will lawyer can explain whether a will or a trust are the right choice for you.
Preparing a last will and testament is one of the most important steps you can take to protect your family. If you are searching for a “will attorney near me” or a “last will and testament lawyer near me free consultation,” I can help. I serve clients throughout Frankfort, Joliet, Mokena, New Lenox, Tinley Park, Orland Park, and the surrounding areas.
Contact my office today at 708-279-4050 to schedule your free consultation and begin building a plan that provides clarity and peace of mind.
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