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Geneva, IL Attorney for Making a Will

Sugar Grove making a will attorney

Estate Planning Lawyer for Drafting and Reviewing a Last Will and Testament in Kane County

One of the most important goals of estate planning is ensuring that your wishes are honored after your death. Your last will and testament, often simply known as a will, is instrumental in making this happen. Through your will, you can provide directions for the administration of your estate, the distribution of your assets to your family and other beneficiaries, and other important matters related to the probate process.

When creating such an important document, you can benefit from the guidance of an experienced estate planning attorney. At Loire Krajniak Law, LLC, we have 10 years of legal experience in the areas of estate planning and probate, and we can work with you to draft a new will or review an existing will and make any necessary revisions. With our assistance, you can better ensure that your will clearly expresses your wishes, complies with state laws, and holds up as a legally enforceable document.

What Can I Include in My Will?

You may primarily think of a will as a means of bestowing your assets to your heirs, but there are many other important functions that a will can perform with regard to your finances, your family, and your personal affairs. Some important issues to address in your will include:

  • The appointment of an estate executor. This is the person who will be responsible for carrying out the terms of your will and administering your estate throughout the probate process.
  • The settling of debts. Before your assets can be distributed to your heirs, any obligations to creditors must first be resolved. Your will can provide instructions to help your executor with this process.
  • The distribution of your assets. Your will can provide instructions for the division of the assets belonging to your estate amongst your surviving spouse, children, grandchildren, relatives, friends, charitable organizations, and any other chosen beneficiaries.
  • The establishment of a testamentary trust. You may choose to leave some of your assets to a trust established upon your death. These assets can then be distributed to beneficiaries at a later date according to your specific instructions, rather than all at once during probate.
  • The nomination of a guardian for your minor children. Even young parents should consider creating a will for the purposes of providing for their children in the event of their death, including by naming a trusted person to care for them.
  • The arrangements for your funeral and burial. Your will may state your preferences for your funeral and burial services, as well as set aside assets from your estate to cover the costs.

Drafting a Legally Valid Will in Illinois

In addition to thinking carefully about the terms of your will, you should also be sure to create your will properly so that it is legally enforceable. According to Illinois law, a will is valid if it is

  • Created by an adult (the "testator") who is "of sound mind and memory"
  • In writing
  • Signed by the testator or at the testator's direction
  • Witnessed and signed by two credible people

A will that does not meet these criteria can be contested in court during the probate process, which can lead to difficult and unpleasant complications for your surviving family. We can help you take the necessary steps to ensure that your will is valid upon its creation, as well as make legally valid revisions to your will as your circumstances change throughout your life.

Contact a Yorkville Will and Testament Attorney

If you want to ensure that your family is provided for and your assets are protected, a will is a great place to start. To schedule a free initial consultation to answer your questions and help you understand our will drafting and review services, contact us today at 630-448-2406. We serve clients in Yorkville, Geneva, Sugar Grove, Aurora, Big Rock, Bristol, Plano, Kane County, and the surrounding areas.

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