FAQs: Are Virtual Wills and Healthcare Directives Legal?

  • Estate Planning
FAQs: Are Virtual Wills and Healthcare Directives Legal? | Attorney Mario Godoy | Lombard Estate and Probate Legal Group

During this global coronavirus pandemic and the volatile financial markets, many people are realizing they do not have their estate plan in order. Our estate planning law firm will remain open to help you protect your family. Our attorneys are working remotely and are available to advise you on creating, updating, or finalizing your estate plan by phone, email and video to make sure our clients have everything in place if the worse should happen.

Under a March 26, 2020, Illinois government executive order you can now execute a will online using a 2-way audio-visual technology. This executive order allows you to work with an attorney and notary online. 

Often our clients ask, Are virtual wills and healthcare directives legal?

What Is Virtual Estate Planning?

It is not always easy to meet in person with an attorney. People travel, have health restrictions or may be housebound due to weather. Virtual estate planning allows someone to work with an attorney using technology such as a phone, email or video to electronically execute a legally valid and enforceable:

• Wills

• Powers of Attorney

• Advance Health Care Directives

• Durable Power of Attorney for Financial Decisions

• Special Needs/Supplemental Needs Trusts

• Trusts

• Guardianships

3 Facts About Virtual Estate Planning

1. Are Virtual Estate Planning Documents Legal in Illinois?
Virtual estate planning documents are legal and enforceable in Illinois, provided they are executed following Illinois laws and regulations.

2. Virtual Estate Planning is Not DIY 
Virtual estate planning is conducted by a trained, licensed experienced estate planning attorney. Online wills and other DIY forms do not offer the same protections and oversight as working directly with an attorney. Online legal documents are standardized templates to cover typical scenarios and are not legally recognized and enforced in every state.

3. State Estate Planning Laws Vary
What’s a valid will in California or North Carolina may not be valid in Illinois, and each state’s courts have different precedents on how they interpret probate law. Local estate planning lawyers have a good understanding of state laws concerning virtual wills and powers of attorney, and how local judges make estate decisions. 

Learn More:

Estate planning is preparing for the future. Contacting Estate & Probate Legal Group in Lombard Illinois today at 1-630-800-0112.