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Why Should You Have a Will in Illinois?

June 4, 2025 by Alex Ranjha Leave a Comment

Life is full of uncertainty—but your final wishes shouldn’t be. While Illinois state law has default rules for distributing your assets when you pass away, those laws may not reflect your personal wishes. That’s where estate planning comes in.

No matter your age, income, or family structure, everyone deserves to have a say in what happens to their property. A customized estate plan ensures your legacy is protected and your loved ones are taken care of—on your terms.

 

Why Should You Have a Will in Illinois?

A will allows you to decide who inherits your property and how it’s divided. Without a will, Illinois intestacy laws determine distribution. For example:
• If you pass away with a spouse and children, your estate is split 50/50 between them.
• If you have a spouse but no children, your spouse inherits everything.

While these default rules might seem fair, they often don’t reflect the nuances of real-life relationships, blended families, or personal intentions. A valid will ensures your wishes—not the state’s—guide the distribution of your estate.

 

Planning for Minor Children and Other Unique Situations

Estate planning isn’t just about dividing property—it’s about protecting your family. If you have minor children and pass without a will, the court decides who manages their inheritance and appoints a guardian, possibly without your input.

Creating a will or trust allows you to name guardians, set up financial protections, and ensure your children’s well-being is managed by someone you trust.

 

Common Questions to Consider in Your Estate Plan

Getting started with estate planning may feel overwhelming, but asking yourself the right questions can help:
• Who should inherit your assets?
• Do you want to leave specific items or gifts to particular people?
• Who should serve as executor to carry out your wishes?
• If you have children, who would you want to serve as their guardian?
• Should you create a living trust to avoid probate and protect assets for your spouse or children?

Once you’ve thought about these questions, the most important step is to put your wishes in writing. If you don’t, Illinois law will make those decisions for you—and your loved ones may face confusion or disputes during an already difficult time.

 

Estate Planning is Flexible—and We’re Here to Help

The good news? Your estate plan isn’t permanent. As your life changes, your plan can evolve. Whether you’re just getting started or updating an existing will or trust, our estate planning attorneys can guide you every step of the way.

Let us help you gain peace of mind and protect what matters most. Call our office today to schedule a consultation, and take the first step toward creating a personalized estate plan that truly reflects your values, wishes, and priorities.

331-233-1774

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Filed Under: estate planning wills and trusts

About Alex Ranjha

Alex Ranjha is an estate planning will & trust attorney who helps families create clear, personalized plans to protect their legacy. Owner of multiple businesses, he provides a detail-oriented approach to estate planning. Alex is a licensed attorney by the State Bar of Illinois.

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