What Can Be Included in a Will in Illinois?

March 24, 2023

What Can Be Included in a Will in Illinois?

Planning for your estate can be a difficult process, but it is essential for the future of your loved ones. One element of estate planning is creating a will that outlines how you want your assets and property distributed after you pass away. In Illinois, there are certain requirements you must meet to make a valid will. Additionally, there are specific provisions that you can include in your will to ensure your last wishes are respected. Here is a breakdown of what can be included in a will in Illinois.

Beneficiaries

  Your will should name the individuals or organizations that you intend to inherit your assets. This can include family members, friends, or charities. In Illinois, you can also name a beneficiary under the Uniform Transfers to Minors Act (UTMA) or the Illinois Custodial and Trust Act(on behalf of a minor child), which allows you to transfer property to a minor's trust account.

Executor or Personal Representative


After you pass away, someone will need to manage your assets and handle your affairs. You can name an executor or personal representative in your will who will be responsible for carrying out your last wishes. This person will manage your assets and property, pay off any debts and taxes, and distribute your inheritance to your beneficiaries.

Guardians for Minor Children


If you have minor children, it is important to name a guardian in your will who will be responsible for their care if something happens to you. This can include decisions about their education, religion, and general upbringing. In Illinois, the court must approve the guardian you have named, but your nomination will be given serious consideration.

Alternate Provisions for Property Distribution


In case your first choice of beneficiaries is unable to inherit your assets, you can create alternate provisions for property distribution in your will. This can include naming secondary beneficiaries or outlining specific instructions for how your assets should be divided, such as dividing them equally between all of your children, regardless of age.

Specific Bequests


In addition to naming beneficiaries for your overall estate, you can also include specific bequests in your will. This means you can name particular individuals or organizations to inherit certain assets, such as a family member receiving a family heirloom or a charity receiving a specific sum of money.
Creating a will is an important step in protecting your assets, your family, and your legacy. Knowing what can be included in a will in Illinois can help you ensure your last wishes are respected and your estate is distributed according to your wishes. A knowledgeable estate planning attorney can help you navigate the process of creating a will that meets all legal requirements, while also reflecting your unique values and desires. By creating a comprehensive will, you can provide peace of mind for yourself and your loved ones.

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