Intestate succession in Lombard, while lawful, is not something many people may wish to have their estate go through after moving on. This is simply because what the court dictates legally could come into conflict with what your desires are. To avoid this, people often draft wills and make clear plans as to what should happen to their estate after their passing. However, doing this could be tricky as there are many laws and legal procedures that need to be adhered to.
If you need help drafting a will or help planning your estate, contact an experienced intestate attorney today.
If a person dies without a will, a few things happen. The main one, and the one that most people worry about, is that their property basically passes pursuant to what is called the intestate statute in Illinois. The intestate statute is essentially the Illinois legislature’s best guess of who the decedent would want to inherit their property. It is all based on family relationships and the closeness of those relationships by blood, not by emotional or any other value system, but purely by blood.
It starts with the surviving spouse and children, then goes to parents if they are alive, and then to siblings, and so on. If a person dies without a will, there is essentially a snapshot of their family situation at the date of their death, and that is who winds up receiving the property in proportions that may or may not be in accordance with the testator’s wishes.
Another important aspect of intestate succession in Lombard is that decedents are unable to choose who will carry out their wishes. In Illinois, there is a similar priority system, based on blood relationship and how close it is, for who can serve or nominate someone to serve as their estate’s representative.
The steps that a person could take right now to avoid dying without a will would be to immediately set up a consultation with a lawyer. Even a simple will can be drafted fairly quickly and is relatively inexpensive, and it can protect their estate from some of the more obvious issues of dying without a will, such as having children and wanting them to inherit their property. It should be taken care of right away.
One issue, though, is that a will needs to be signed, so people cannot just go talk to an attorney and have them draft it. If that will is not signed, then there is a presumption that it should not be admitted to probate in Illinois and will be left to intestate succession in Lombard.
An estate attorney, once contacted by someone seeking help, could provide a clear timeline for the process and draft the estate planning documents in a timely fashion in accordance with those expectations. The main thing attorneys and people need to do is set aside a time to come in, review the will, and sign it. Otherwise, the will would be inadmissible and intestate succession in Lombard would follow.
Another aspect of that process is that people can go through it: they can draft a will and sign it, but difficulties arise when the testator dies, and their loved ones cannot find the will. The lawyer has to make sure to advise people on proper will storage, which is generally in a safe deposit box or a fireproof box at home. It is recommended that a person not throw it in a drawer or put it in a pile of papers or a filing cabinet because it is the type of document that, unless they are thinking about it, they would generally forget about it, and it is important to make sure their loved ones are able to find it. Another aspect of that is that if they have named an executor or trustee, it is important to advise that person that they have been named as the executor or trustee and to tell them where the will is located.
If you need help drafting or reviewing a will, contact an attorney today.
