Will Preparation & Contests Attorney Chicago, Illinois

Drafting, Defending and Contesting Wills in Chicagoland

As you age, the reality of your death looms nearer. The old saying is that you cannot take your earthly possessions with you; therefore, you must plan for how your wealth will be distributed upon your death. There are many tools you can use for this purpose. The preparation and execution of a will is a tool an estate planner uses to accomplish your wealth transmission goals.

At McCarthy Duffy LLP, we have served the Chicago area for more than 120 years. Our estate planning attorneys understand how to craft wills that are unique to your family and your situation. For more information on how we can help you draft your will, please contact us.

Why a will? Primarily and most importantly, a will executed in conformity with our state statutes (755 ILCS 5/1-1 et.seq.) gets your property where you want it to go. You may give your wealth to whomever you wish or you may withhold your wealth from whomever you wish by omitting them from your will. The only exception to this rule is your spouse. In Illinois, one spouse may not disinherit the other in the will.

If You Die Without a Will

If you do not have a will, but your property is owned with another in joint tenancy, the property will bypass your will and automatically go to the surviving joint tenant. We do not probate joint tenancy property. We only probate property which is owned solely by the decedent at the time the decedent died.

If you die owning property solely in your name, and you do not leave a will, then Illinois statutes allocate your wealth for you. You would have no say who will share in your wealth. We refer to this as the “black sheep” situation. If you have two children, one of whom is devoted to you and the other who isn’t, and you die without a will, the black sheep will share your estate equally with your devoted child. Is this what you want? If not, you should consider writing a will.

Your will does not take effect until your death, so you can change it at any time prior to your death or until you are unable to do so. If your circumstances change and you wish to change your will, we can either add a codicil to your present will or give you an entirely new instrument. A codicil is generally used for simple changes such as a change in executor. A whole new will is appropriate when you are making numerous changes.

We Provide You With Secure, Legal Wills

Why must you see an attorney in order to prepare a will? Wills in Illinois are governed by our state statutes. A will, in order to be valid, must be prepared and signed in accord with the requirements of the statute. If it is not, then the will is invalid and will not be admitted to probate. Your wealth will be distributed to folks whom you may not wish to share in your wealth. Using an attorney can eliminate this risk.

The estate planning lawyers at McCarthy Duffy LLP understand the complexities that come with drafting valid wills, living wills and health care directives. Please don’t risk your financial future. Contact us for a free initial consultation and comprehensive estate planning assistance.

Will Contests

Wills admitted to probate can be contested within six (6) months from the date the will is admitted to probate. Will contests or will disputes take place when:

• The decedent was incompetent at the time the will was executed OR
• The decedent was under the undue influence of another at the time the will was executed

Both grounds depend on the mental and physical health of the decedent at the time the will was executed. Will contests are expensive and should not be entered into lightly without firm proof of wrongdoing. We can help you determine if a will contest is the right legal move for you to make.

The cost of a will varies with its complexity. Simple wills where everything goes to your spouse or children upon your death cost approximately $500. More complex wills require more drafting which in turn generally cost more.