Chicago Probate | Chicago Estate Planning Lawyer

The Chicago estate attorney of Sylvester Law Firm has prepared hundreds of Will-based estate plans. This page explains the importance of having a Will.

Do I need a Will? If you are over the age of 18, and you have property that you want to leave to someone in particular, you need a Will. Regardless of the size of your estate, it is critical that you have at least a simple Will. By executing a valid Will, you will have control over who gets your property and in what proportions, who will manage your affairs as executor, and who will serve as the Guardian of your minor children, if any.

What happens if I die without a Will? Without a Will, State law determines how your assets will be distributed. The State's default plan for you could conflict with your wishes to benefit your parents, brothers, sisters and/or grandchildren. The State's default plan could also conflict with your wishes to donate to a charity or provide for your partner or friend. Additionally, without a Will, you lose control over who is responsible for managing your estate; the Court will appoint an "administrator." Finally, without a Will, it is more costly to administer your estate; that's because State law requires the court-appointed "administrator" to purchase a surety bond, which is paid for from the assets of your estate.

When an Illinois resident dies without a Will and/or Trust, the law provides that the decedent’s property shall be distributed as follows:

Sec. 2-1. Rules of descent and distribution. The intestate real and personal estate of a resident decedent and the intestate real estate in this State of a nonresident decedent, after all just claims against his estate are fully paid, descends and shall be distributed as follows:

(a) If there is a surviving spouse and also a descendant of the decedent: 1/2 of the entire estate to the surviving spouse and 1/2 to the decedent's descendants per stirpes.

(b) If there is no surviving spouse but a descendant of the decedent: the entire estate to the decedent's descendants per stirpes.

(c) If there is a surviving spouse but no descendant of the decedent: the entire estate to the surviving spouse.

(d) If there is no surviving spouse or descendant but a parent, brother, sister or descendant of a brother or sister of the decedent: the entire estate to the parents, brothers and sisters of the decedent in equal parts, allowing to the surviving parent if one is dead a double portion and to the descendants of a deceased brother or sister per stirpes the portion which the deceased brother or sister would have taken if living.

(e) If there is no surviving spouse, descendant, parent, brother, sister or descendant of a brother or sister of the decedent but a grandparent or descendant of a grandparent of the decedent: (1) 1/2 of the entire estate to the decedent's maternal grandparents in equal parts or to the survivor of them, or if there is none surviving, to their descendants per stirpes, and (2) 1/2 of the entire estate to the decedent's paternal grandparents in equal parts or to the survivor of them, or if there is none surviving, to their descendants per stirpes. If there is no surviving paternal grandparent or descendant of a paternal grandparent, but a maternal grandparent or descendant of a maternal grandparent of the decedent: the entire estate to the decedent's maternal grandparents in equal parts or to the survivor of them, or if there is none surviving, to their descendants per stirpes. If there is no surviving maternal grandparent or descendant of a maternal grandparent, but a paternal grandparent or descendant of a paternal grandparent of the decedent: the entire estate to the decedent's paternal grandparents in equal parts or to the survivor of them, or if there is none surviving, to their descendants per stirpes.

(f) If there is no surviving spouse, descendant, parent, brother, sister, descendant of a brother or sister or grandparent or descendant of a grandparent of the decedent: (1) 1/2 of the entire estate to the decedent's maternal great-grandparents in equal parts or to the survivor of them, or if there is none surviving, to their descendants per stirpes, and (2) 1/2 of the entire estate to the decedent's paternal great-grandparents in equal parts or to the survivor of them, or if there is none surviving, to their descendants per stirpes. If there is no surviving paternal great-grandparent or descendant of a paternal great-grandparent, but a maternal great-grandparent or descendant of a maternal great-grandparent of the decedent: the entire estate to the decedent's maternal great-grandparents in equal parts or to the survivor of them, or if there is none surviving, to their descendants per stirpes. If there is no surviving maternal great-grandparent or descendant of a maternal great-grandparent, but a paternal great-grandparent or descendant of a paternal great-grandparent of the decedent: the entire estate to the decedent's paternal great-grandparents in equal parts or to the survivor of them, or if there is none surviving, to their descendants per stirpes.

(g) If there is no surviving spouse, descendant, parent, brother, sister, descendant of a brother or sister, grandparent, descendant of a grandparent, great-grandparent or descendant of a great-grandparent of the decedent: the entire estate in equal parts to the nearest kindred of the decedent in equal degree (computing by the rules of the civil law) and without representation.

(h) If there is no surviving spouse and no known kindred of the decedent: the real estate escheats to the county in which it is located; the personal estate physically located within this State and the personal estate physically located or held outside this State which is the subject of ancillary administration of an estate being administered within this State escheats to the county of which the decedent was a resident, or, if the decedent was not a resident of this State, to the county in which it is located; all other personal property of the decedent of every class and character, wherever situate, or the proceeds thereof, shall escheat to this State and be delivered to the State Treasurer pursuant to the Uniform Disposition of Unclaimed Property Act.

In no case is there any distinction between the kindred of the whole and the half blood. END OF STATUTE.

Besides a Will, what else do I need? When you establish your Will, it is important to also execute a Power of Attorney for Property and a Power of Attorney for Health Care. You also might want to sign a Living Will. Finally, if you want your estate to bypass the probate process, you should execute a Trust at the same time you execute your Will.

During your initial consultation, I will advise you of your estate planning alternatives – in light of your particular circumstances. If you decide that a custom Will-based plan is best for your planning goals, you will be provided all of the following documents and services for a guaranteed flat-rate fee:

Whether you need to create a Will or update an existing one, the process is easy with the Chicago estate planning lawyer of Sylvester Law Firm. With the guarantee of flat-rate fees for estate planning services, Sylvester Law Firm removes the guess work and anxiety associated with hourly-based legal fees.

When you come in for your initial consultation, the Firm’s Chicago estate planning and probate lawyer will determine what is truly best for you without assuming that your needs are just like everyone else’s. The Chicago will and trust attorney will take the time to get to know you and your situation, explain your options, and help you develop a plan that suits your needs.

The Chicago estate lawyer of Sylvester Law Firm uses experience in private law practice, trust banking, and as a Judicial Law Clerk to help clients in northern Illinois, southeastern Wisconsin and throughout Florida. And, because the Firm is not a general practice law firm (i.e., primarily estate-related services only), you will feel secure that you are in competent, experienced hands. Call us today at (847) 251 - 2999 to begin the process of protecting what you have and planning for the future.

Wills